LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Panel Says No Error In Use Of Firearms Examiner's Testimony On 'Matching' Bullets

WASHINGTON, D.C. - A defendant failed to establish error in a firearms examiner's testimony that markings on bullets recovered from a deceased man's car were "unique" to a gun recovered from the defendant's apartment, the District of Columbia Court of Appeals held Jan. 21 (Marlon...

Mealey's Litigation Procedure - Judge Allows Expert Testimony On Mining Equipment Design In Product Liability Case

OWENSBORO, Ky. - Two experts are qualified to offer opinions on the design of underground mining equipment in a product liability lawsuit against Caterpillar Global Mining America LLC, a Kentucky federal judge ruled Jan. 21 (Beau Brooks and Tina Brooks v. Caterpillar Global Mining America, LLC, No. 14...

Mealey's Litigation Procedure - Magistrate Judge Denies Riddell's Request For Fee Arrangement

CAMDEN, N.J. - The defendants in a lawsuit accusing football helmets makers of marketing their products with false statements about their ability to reduce concussions may not have information regarding the fee arrangement between the plaintiffs suing them and the plaintiffs' class counsel, a New...

Mealey's Litigation Procedure - Paris Court Schedules Hearing On Application To Annul $765 Million Award

SPOKANE, Wash. - A gold mining corporation on Jan. 21 announced that a Paris court has scheduled a hearing on an application filed by the Republic of Venezuela to annul a $765 million award, including accrued post award interest, and reported that a District of Columbia federal court has issued an order...

Mealey's Litigation Procedure - Medical Reports Support Workers' Compensation Award, Appeals Panel Says

SAN JOSE, Calif. - Reports from medical experts that an employee had very severe coronary artery disease and that his sudden death at work was the result of a cardiac event show that the employee's employment contributed to his death, a California appeals panel held Jan. 21, affirming workers'...

Mealey's Litigation Procedure - Class Trimmed In Delivery Drivers' Wage Suit Due To Pending State Suit

KANSAS CITY, Kan. - A Kansas federal judge on Jan. 22 granted a motion by the lead plaintiff in a wage-and-hour dispute to decertify dozens of opt-in plaintiffs who fall within the definition of a class certified in a similar Missouri state action, but rejected the defendant's motion to dismiss with...

Mealey's Litigation Procedure - Panel Finds Horse Trainer Was Not Qualified To Testify On Horse-Breeding Business

CHICAGO - A horse trainer was not qualified in the business and financial aspects of horse breeding, the Seventh Circuit U.S. Court of Appeals held Jan. 26, upholding the exclusion of the trainer's testimony in a tax refund lawsuit (Estate of Harold Stuller, deceased, Wilma Stuller and L.S.A., Inc...

Mealey's Litigation Procedure - Lyft Agrees To Settle California Drivers' Wage Claims For $12.25M

SAN FRANCISCO - Drivers who filed a class complaint against Lyft Inc., which provides drive-sharing services, alleging various wage violations filed a motion Jan. 26 in the U.S. District Court for the Northern District of California seeking preliminary approval of a $12.25 million settlement (Patrick...

Mealey's Litigation Procedure - Modification Motion Granted In 'Crowdsourcing' Wage Suit Class Settlement

SAN FRANCISCO - A California federal judge on Jan. 26 granted an amended motion filed jointly by the parties in a wage-and-hour class suit filed by workers who were paid on a per-task basis to modify the July order approving a $585,507 settlement (Christopher Otey, et al. v. CrowdFlower, Inc., et al...

Mealey's Litigation Procedure - 7th Circuit Finds Police Officers Were Qualified To Testify On Excessive Force

CHICAGO - Police officers were qualified in a constitutional rights lawsuit to testify about excessive force used by a fellow officer, the Seventh Circuit U.S. Court of Appeals affirmed Jan. 28 (United States of America v. Terry Joe Smith, Nos. 14-3744 & 14-3721, 7th Cir.; 2016 U.S. App. LEXIS 1353...

Mealey's Litigation Procedure - 2nd Circuit Finds NSC Is Not An Agency, Not Subject To FOIA Request

NEW YORK - Affirming a trial court's ruling, the Second Circuit U.S. Court of Appeals on Jan. 26 concluded that the National Security Counsel (NSC) does not meet the statutory definition of a government "agency" and, thus was not required to comply with a Freedom of Information Act (FOIA...

Mealey's Litigation Procedure - Michigan Federal Judge: Premature Class Certification Motions No Longer Necessary

FLINT, Mich. - A Michigan federal judge on Jan. 27 denied without prejudice a motion for class certification filed in a Telephone Consumer Protection Act (TCPA) suit on the same day the complaint was filed, opining that premature motions are no longer necessary following the U.S. Supreme Court's...

Mealey's Litigation Procedure - Massachusetts Federal Judge Dismisses Class Suit Over Lenovo Battery Life

BOSTON - A Massachusetts federal judge on Jan. 27 granted a motion to dismiss a class complaint accusing a computer maker of falsely advertising an extended battery life, finding that the plaintiff failed to allege actual or reasonable reliance on the alleged misrepresentation and also failed to state...

Mealey's Litigation Procedure - ICISID Committee Rejects Argentina's Application To Annul Award

WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 1 rejected an application filed by the Argentine Republic to annul an award issued in a case filed by a French investor, finding that the tribunal did not manifestly exceed its powers...

Mealey's Litigation Procedure - Investors Serve Peru With Notice Of Arbitration, Seek Payment Of Land Bonds

GREENWICH, Conn. - A group of investors on Feb. 1 served the Republic of Peru with a notice of intent to commence arbitration under a promotion trade treaty, seeking payment in relation to their investment in Peruvian agrarian reform bonds.

Mealey's Litigation Procedure - Italian Bondholders Reach Preliminary Settlement Of ICSID Case With Argentina

WASHINGTON, D.C. - A task force representing thousands of Italian bondholders and an Argentine ministry on Feb. 2 announced that they have reached a preliminary settlement for the payment of defaulted bonds, possibly ending an arbitration that was registered by the International Centre for Settlement...

Mealey's Litigation Procedure - Arbitration Unavailable In Class Action Against Loan Servicer, 4th Circuit Says

RICHMOND, Va. - Unlawful debt collection class allegations against a company associated with tribal payday lender Western Sky Financial are not subject to arbitration because the arbitration agreement at issue impermissibly attempts to sidestep state and federal law in favor of tribal jurisdiction and...

Mealey's Litigation Procedure - Appeals Panel: Court Erred In Denying Appointment Of Expert In Child Porn Case

DETROIT - A Michigan appeals panel on Feb. 2 ruled that a trial court abused its discretion by refusing to appoint a computer forensic expert in a child pornography case when the defendant presented information demonstrating that there is a connection between the facts of the case and the need for a...

Mealey's Litigation Procedure - Expert In Patent Suit Does Not Rely On Rejected Theory, Magistrate Judge Finds

MARSHALL, Texas - A telecommunications plaintiff's expert in a patent infringement lawsuit does not rely on a previously rejected doctrine of equivalents theory, a Texas federal magistrate judge held Feb. 5, refusing to strike paragraphs from the expert's report (Mobile Telecommunications Technologies...

Mealey's Litigation Procedure - Judge Allows Experts To Testify On Damages In Breach Of Contract Suit

BECKLEY, W.Va. - Experts may testify to damages resulting from an alleged breach of a coal purchase and refuse recovery agreement (CPRRA), a West Virginia federal judge ruled Feb. 4, declining to exclude the experts (Covol Fuels No. 4, LLC v. Pinnacle Mining Company, LLC, No. 12-04138, S.D. W.Va.; 2016...

Mealey's Litigation Procedure - Magistrate Judge Bars Expert From Testifying On 'Deception' In Patent Case

MARSHALL, Texas - An expert may not testify that a patent owner "deliberately misled the patent office," a Texas federal magistrate judge held Feb. 7, granting in part a motion to exclude the testimony in a patent infringement lawsuit (Emmanuel C. Gonzalez v. Infostream Group, Inc., et al....

Mealey's Litigation Procedure - ICSID Rejects Argentina's Application To Annul $136 Million Award

WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Disputes (ICISD) on Feb. 5 rejected an application filed by the Argentine Republic to annul a $136,138,430 award issued in favor of investors in an electricity distribution enterprise, finding that the tribunal did...

Mealey's Litigation Procedure - Judge Finds Documents Inadvertently Disclosed To DOJ Remain Privileged

PITTSBURGH - Even though an antitrust defendant inadvertently disclosed hundreds of documents to the U.S. Department of Justice in prior proceedings, a Pennsylvania federal judge on Feb. 8 found that the defendant's actions to claw back those documents permitted it to maintain its asserted attorney...

Mealey's Litigation Procedure - Judge Bars Evidence Over Pipeline Relocation In Dispute Over Damages From Landslide

HUNTINGTON, W.Va. - A West Virginia federal judge on Feb. 8 excluded evidence regarding telephone poles and a 1988 pipeline relocation, as well as certain communications by employees of Tri-State Airport Authority (TSAA), in a lawsuit against TSAA and the U.S. government over damages suffered from a...

Mealey's Litigation Procedure - ICSID Refuses To Reconsider Ruling On Venezuela's Negotiation Of Compensation

WASHINGTON, D.C. - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 denied a request by the Bolivarian Republic of Venezuela for reconsideration of a decision in which it found that Venezuela breached its obligation to negotiate compensation...