LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - U.S. Airways' Defenses Partially Struck In Class Suit Over Delay

CHICAGO - An Illinois federal judge on May 21 partially struck an airline's affirmative defenses in a class complaint alleging damages caused by delay and cancellation of a domestic flight (Aleksey Bernfeld, et al. v. U.S. Airways Inc., No. 14-5573, N.D. Ill.; 2015 U.S. Dist. LEXIS 66677).

Mealey's Litigation Procedure - Expert's Opinions On Insurance Coverage Not Helpful, Magistrate Says

TULSA, Okla. - An Oklahoma federal magistrate judge on May 26 excluded the testimony of an expert for a man seeking to determine if an insurance policy covers his claims in an underlying state court action, finding that the expert's opinions and proposed testimony will not be helpful to the court...

Mealey's Litigation Procedure - Chicago Teachers, Union Granted Class Certification In Biased Layoffs Suit

CHICAGO - An Illinois federal judge on May 22 certified a class of Chicago teachers alleging that mass layoffs in 2011 disproportionately affected black educators (Chicago Teachers Union, et al. v. Board of Education of the City of Chicago, No. 12-10338, N.D. Ill.; 2015 U.S. Dist. LEXIS 66960).

Mealey's Litigation Procedure - ICSID Finds Investment Dispute Against Belgium Relates To Terminated BIT

WASHINGTON, D.C. - After finding that two Chinese insurance companies' investment claims against the Kingdom of Belgium were related to a bilateral investment treaty that was not in effect at the time the dispute arose, a tribunal for the International Centre for Settlement of Investment Disputes...

Mealey's Litigation Procedure - Some Testimony Admissible, Some Not Timely In Lexapro Suicide Suit, Judge Rules

CHICAGO - While one causation expert cannot offer an opinion on labeling for the antidepressant drug Lexapro in a wrongful death action filed by the father of a man who committed suicide after taking the drug because the expert's report was untimely, another causation expert can testify that Lexapro...

Mealey's Litigation Procedure - Calif. Federal Judge Grants Partial Class Certification In Union Nonmember Fees Suit

SACRAMENTO, Calif. - A California federal judge on May 22 granted partial class certification in a lawsuit brought by California employees suing over the collection of union fees from non-union members (Kourosh Kenneth Hamidi, et al. v. Service Employees International Union Local 1000, et al., No. 14...

Mealey's Litigation Procedure - Federal Judge Sanctions Asbestos Attorney For Expert Testimony Blunder

SAN FRANCISCO - An attorney acted in bad faith when he asked an asbestos expert about the connection between the plaintiff's chemotherapy and his renal failure after telling the court that such questioning was off the table, a federal judge in California held May 26 (Barry Kelly and Molly Kelly v...

Mealey's Litigation Procedure - Proper Service Allows Later Service On Other Defendants, Utah Top Court Says

SALT LAKE CITY - The plain language of Utah law permits service on a defendant up until the time of trial, as long as a single defendant is properly served within the 120-day limit, the Utah Supreme Court held May 22 (Barbara St. Jeor v. Kerr Corp., No. 20130913, Utah Sup.; 2015 Utah LEXIS 171).

Mealey's Litigation Procedure - Amended Complaint, Named Plaintiff Substitute Permitted In Facebook Privacy Suit

SAN JOSE, Calif. - Although a California federal judge found the motion to file a third amended complaint (TAC) to add an additional named plaintiff in a privacy class action against Facebook Inc. to be untimely, he found no bad faith on the plaintiffs' part and no substantial prejudice to Facebook...

Mealey's Litigation Procedure - Plaintiffs In Gas Rig Fire Oppose Chevron's Motion For Sanctions

SAN FRANCISCO - Plaintiffs who allege that Chevron Corp. is liable for damages caused by the explosion of a natural gas rig on May 26 filed a brief in California federal court opposing the company's motion for sanctions related to alleged failure of some plaintiffs to comply with discovery obligations...

Mealey's Litigation Procedure - Judge: Lack Of Credible Expert Testimony Dooms Claims Over Broken Arrow

LOUISVILLE, Ky. - An expert's testimony about the safety warning label on an arrow is irrelevant and unreliable, so the arrow maker is entitled to summary judgment on strict liability and negligence claims filed by a man who was injured when an arrow he was shooting broke in two as he released it...

Mealey's Litigation Procedure - Judge Declines To Strike Challenge To 'Every Exposure' Asbestos Expert

RALEIGH, N.C. - While the defendants' briefs focused primarily on "every exposure" testimony from one expert, this was sufficient to put asbestos plaintiffs on notice that the defendants intended to challenge similar testimony from a second expert, a federal judge in North Carolina held...

Mealey's Litigation Procedure - Class Certified For Stored Communications Act Claim Over Yahoo's Email Scanning

SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No...

Mealey's Litigation Procedure - Amended Complaint Against Helmet Maker Meets Pleading Standards, Plaintiff Argues

CAMDEN, N.J. - An amended class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others addresses deficiencies that led a federal judge in New Jersey to dismiss it without prejudice, class plaintiff Normal Thiel argues in a May 22 memorandum opposing...

Mealey's Litigation Procedure - ICSID Orders Bangladesh Company To Respond To Provisional Measures Request

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 1 released its order granting the Republic of Bangladesh's oil and gas company to respond to a resource company's request for provisional measures in relation to a $25,312,747 award...

Mealey's Litigation Procedure - Federal Judge Dismisses Petition To Enforce $1.6M CIETAC Award

DENVER - After finding that a company was not given adequate notice of an arbitration commenced against it in China in relation to a dispute over the purchase and sale of solar technology products, a Colorado federal judge on May 29 dismissed a petition to enforce the $1,620,882 award (CEEG [Shanghai...

Mealey's Litigation Procedure - High Court Seeks U.S. View On Whether Plan's Forum- Selection Clause Is Enforceable

WASHINGTON, D.C. - The U.S. Supreme Court on June 1 sought the solicitor general's view as to whether the Sixth Circuit U.S. Court of Appeals erred in ruling that a federal judge properly dismissed without prejudice a pension plan participant's claim that the plan improperly reduced his benefits...

Mealey's Litigation Procedure - Federal Judge Decertifies Class Related To Alleged Late Fees Charged By Lenders

NEW YORK - A New York federal judge on May 29 granted a request to decertify a class of claimants asserting a breach of contract claim against lenders in relation to alleged late fees, finding a lack of evidence that the lenders assumed specific contractual obligations or were in privity of contract...

Mealey's Litigation Procedure - Judge Grants Final Approval Of $500M Mortgage-Backed Securities Settlement

NEW YORK - A federal judge in New York on May 27 granted final approval of a $500 million settlement in a securities class action lawsuit regarding Bear Stearns' sale of more than $17 billion in mortgage-backed securities, finding the settlement agreement to be fair, reasonable and adequate (In re...

Mealey's Litigation Procedure - Appeals Panel Reverses; Trial Court 'Abused' Discretion In Lead-Poisoning Case

ANNAPOLIS, Md. - The Maryland Court of Special Appeals on May 29 reversed and remanded a lead-poisoning injury case, ruling that when the trial court denied the plaintiff's motion for summary judgment on his discovery requests and then dismissed his complaint, the Baltimore City Circuit Court "abused...

Mealey's Litigation Procedure - Pennsylvania Federal Judge Allows Opinions On Cause Of Fatal Helicopter Crash

PHILADELPHIA - Two engine experts can testify that a defectively designed or manufactured engine part caused a helicopter crash that killed two men because the experts are qualified, their testing is reliable and their conclusions are relevant to the cause of the crash, a Pennsylvania federal judge held...

Mealey's Litigation Procedure - Stans Appeals Russian Court Decision To Set Aside $118 Million Award

MOSCOW - A Canadian energy company on June 2 announced that it will appeal a Russian court's decision to set aside a $118 million arbitration award issued in its favor and against the Kyrgyz Republic.

Mealey's Litigation Procedure - Federal Judge Finds Chinese Manufacturer Waived Right To Removal, Remands Case

SAN DIEGO - After finding that a Chinese maker of golf clubs waived its right to removal under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a California federal judge on June 1 granted a California corporation's motion to remand a contract dispute (Paradigm Solutions...

Mealey's Litigation Procedure - Texas Panel Rejects Insurer's Objection To Discovery Requests In Hailstorm Dispute

EDINBURG, Texas - A Texas appeals panel on May 29 denied an insurer's petition for writ of mandamus challenging a lower court's order requiring it to produce 15 categories of management reports and associated emails that are in response to specific requests for production pertaining to the hail...

Mealey's Litigation Procedure - Federal Judge Finds Labeling Violations Are Predicate Unlawful Acts Under UCL

SAN FRANCISCO - A federal judge in California on May 27 granted plaintiffs' two motions for partial summary judgment in their class action suit accusing a manufacturer of cosmetic products of improperly labeling its products as organic in violation of the state's unfair competition law (UCL)...