LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ICSID Reconstitutes Tribunal In Oil Project Dispute With Venezuela

WASHINGTON, D.C. - After an unsuccessful attempt by the Republic of Venezuela to disqualify the majority of a tribunal hearing in a case filed against it by investors in extra-heavy oil projects and the resignation of one arbitrator, the International Centre for Settlement of Investment Disputes (ICSID...

Mealey's Litigation Procedure - ICSID Says Investor Is Liable For Environmental Damage In Ecuador

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 12 issued a decision in which it found that an investor is liable for any environmental damage caused during a period when it conducted work in two Amazon blocks in the Republic of Ecuador...

Mealey's Litigation Procedure - 9th Circuit Denies Yahoo's Appeal Of Class Certification In Email Privacy Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 11 denied Yahoo Inc's petition for permission to appeal a trial court's grant of class certification in a lawsuit alleging violation of the Stored Communications Act (SCA) by Yahoo's scanning of the emails of people who are...

Mealey's Litigation Procedure - Indiana Appeals Panel Reverses Class Certification In Sorority Food-Poisoning Suit

INDIANAPOLIS - An Indiana Court of Appeals panel on Aug. 11 reversed certification of a class of sorority members who accused an Indianapolis hotel of serving them tainted food, finding that individual issues predominate (LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of...

Mealey's Litigation Procedure - Expert Was Reliable To Show Wal-Mart's Negligence In Medication Filling, Panel Says

NEW ORLEANS - An expert's opinion on the standard of care was sufficiently reliable to pass a "gatekeeping assessment" for purposes of showing that Wal-Mart Stores Texas L.L.C. was negligent in failing to provide a 72-hour emergency supply of prescriptions when a customer's doctor could...

Mealey's Litigation Procedure - Judge Declines To Exclude Opinion Over Damages From Breach Of License Agreement

RALEIGH, N.C. - A North Carolina federal judge on Aug. 12 denied a defendant's request to exclude a plaintiff's expert opinion with regard to assisting in the calculation of damages owed to it as a result of a defendant's breach of a license agreement by using the software for "production...

Mealey's Litigation Procedure - Panel Upholds Convictions Despite Error In Submission Of Field Test Evidence

ANCHORAGE, Alaska - Although a judge erroneously permitted evidence of a preliminary breath test and a marijuana field test, an Alaska appeals panel on Aug. 14 affirmed the convictions against an Alaska resident for felony driving under the influence, driving while his license was revoked and sixth-degree...

Mealey's Litigation Procedure - Florida Federal Judge Tosses Minute Maid Juice Labeling Claims

TALLAHASSEE, Fla. - A Florida federal judge on Aug. 13 dismissed with prejudice a class complaint filed by two consumers alleging misleading juice labeling, finding the plaintiffs' state law claims preempted by federal law (Andrew E. Stansfield, et al. v. The Minute Maid Company, et al., No. 14-290...

Mealey's Litigation Procedure - 2nd Circuit: Major League Baseball FanFest Volunteers Are Not Owed Wages

NEW YORK - Individuals who volunteered at Major League Baseball's FanFest are exempt from receiving wages under the Fair Labor Standards Act (FLSA), the Second Circuit U.S. Court of Appeals ruled Aug. 14 (John Chen, et al. v. Major League Baseball Properties, Inc., et al., No. 14-1315, 2nd Cir.;...

Mealey's Litigation Procedure - Federal Judge Denies Expert Testimony In Residential Mortgage Securities Dispute

NEW YORK - An expert cannot testify on the proper amount of damages due to Bank of New York Mellon (BoNY) based on agreements concerning residential mortgage-backed securities, a New York federal judge ruled Aug. 18, finding that the agreements provide a formula for recovery before and after liquidation...

Mealey's Litigation Procedure - Magistrate Judge Permits Expert Testimony In GM Strict Product Liability Suit

ST. LOUIS - A Missouri federal magistrate judge on Aug. 18 ruled to allow various experts to testify in a strict product liability lawsuit against General Motors LLC (GM) arising from a vehicle roll-over and roof collapse (Michael Bavlsik, M.D. and Kathleen Skelly v. General Motors LLC, No. 13-509, E...

Mealey's Litigation Procedure - Judge Allows Experts To Testify On Future Employability Issue In Personal Injury Suit

ST. LOUIS - A vocational rehabilitation specialist and a nurse case manager are permitted to testify in a personal injury lawsuit on the plaintiff's future employability and a preliminary life care plan (LCP), a Missouri federal judge ruled Aug. 17 (William A. Sorrells v. ADT, LLC, No. 14-00378,...

Mealey's Litigation Procedure - Arbitration Policy Distributed After Class Suit Was Filed Is Deemed Unenforceable

SAN FRANCISCO - An arbitration policy distributed to employees of an aviation support company after a wage-and-hour class complaint was already filed is unenforceable against the members of the class because there was insufficient communication regarding its impact and no clear opt-out opportunities...

Mealey's Litigation Procedure - California Appellate Panel: Arbitrator To Decide If Wage Class Claims May Proceed

YOLO, Calif. - An arbitrator will decide if armed security guards who allege that they were not properly reimbursed by their employer for equipment and training may proceed with their class claims or must arbitrate their claims individually, a California appellate panel ruled Aug. 18 (Universal Protection...

Mealey's Litigation Procedure - Panel Reverses Summary Judgment To Goodyear In Products Liability Lawsuit

SAN ANTONIO - A trial judge erred in granting summary judgment to The Goodyear Tire & Rubber Co. on negligent and defective design claims in a products liability case, a Texas appeals panel ruled Aug. 19, finding that the judge also erred in excluding the testimony of a tire expert that served to...

Mealey's Litigation Procedure - Class Actions Filed Over Breach Of 'Ashley Madison' Affair-Based Dating Website

The operator of the adult dating website AshleyMadison.com was hit with two putative class actions on Aug. 21 as John Doe users of the site filed complaints in California and Texas federal court, respectively, alleging negligence, Stored Communications Act (SCA) violations and other claims related to...

Mealey's Litigation Procedure - PCA Finds Netherlands Is Entitled To Damages For Russia's Vessel Seizure

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Aug. 24 announced that it has issued an award, finding that Russia violated the United Nations Convention on the Law of the Sea (UNCLOS) when it unlawfully seized a vessel operated by Greenpeace International and that...

Mealey's Litigation Procedure - $500,000 Settlement Granted Preliminary Approval In Financial Advisers' Wage Suit

SAN FRANCISCO - A California federal magistrate judge on Aug. 21 preliminarily approved a $500,000 settlement in a wage-and-hour suit brought on behalf of a class of financial sales advisers, opining that while the amount is less than 11 percent of the total potential liability estimate given by the...

Mealey's Litigation Procedure - Federal Judge Compels Arbitration Of Employment Action In South Korea

HAGATNA, Guam - A Guam federal judge on Aug. 24 found that a Delaware company did not waive its right to compel arbitration in South Korea of claims asserted by a widow on behalf of her husband who died aboard one of its vessels, but found that former owner of the vessel was not entitled to compel arbitration...

Mealey's Litigation Procedure - Dismissal Of Guitar And Amp Price-Fixing Suit Upheld By Split 9th Circuit

PASADENA, Calif. - A split Ninth Circuit U.S. Court of Appeals panel on Aug. 25 upheld a trial court's rejection of a class claim by consumers under Section 1 of the Sherman Act who allege the largest U.S. retailer of musical instruments conspired with guitar and amplifier manufacturers and a trade...

Mealey's Litigation Procedure - Expert Testimony Creates Fact Issues In Strict Liability Case, Federal Judge Finds

PEORIA, Ill. - The expert testimony of a mechanical engineer and a biomechanical engineer creates genuine issues of material fact in a strict liability lawsuit against the manufacturer of a rocket cart for Wal-Mart Stores Inc., an Illinois federal judge ruled Aug. 26, denying summary judgment to the...

Mealey's Litigation Procedure - Judge Allows Jury To Hear Expert Testimony In Oil Well Breach Of Contract Lawsuit

NEW ORLEANS - Permitting experts to testify to a jury of a contractor's conduct, a Louisiana federal judge ruled Aug. 26 that a non-operating interest-holder to an oil well provided sufficient evidence of damages caused by the contractor's alleged breach of contract and negligence (Solstice Oil...

Mealey's Litigation Procedure - Judge Finds Taiwanese Enforcement Order Is A Recognizable Judgment

PHILADELPHIA - After finding that a Pennsylvania corporation failed to show why a $6.57 million arbitration award issued in Taiwan should not be recognized, a Pennsylvania federal judge on Aug. 27 granted summary judgment and found that a Taiwanese enforcement order was a recognizable judgment under...

Mealey's Litigation Procedure - 11th Circuit Upholds Fraud Convictions, Finds No Error In Use Of Expert Testimony

ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 31 affirmed convictions and a 75-month sentence for access device fraud and aggravated identity theft, finding that the district court did not err in allowing an expert to provide lay opinion testimony (United States of America v. Cliffort Variste...

Mealey's Litigation Procedure - Split Ohio High Court: All Class Members Must Suffer Sales Practice Act Injury

COLUMBUS, Ohio - All members of a class that is alleging violations of the Ohio Consumer Sales Practice Act (OCSPA) have suffered injury as a result of the alleged conduct, a divided Ohio Supreme Court ruled Aug. 27, reversing a trial court's award of damages to every member of a class without a...