LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Federal Judge Confirms $1.3 Million Award For Garmin In License Dispute

SOUTH BEND, Ind. - An Indiana federal judge on July 23 granted a German company's petition to confirm a $1,320,641.38 arbitration award and the costs associated with enforcing the decision, noting that the defendants did not oppose confirmation and that the dispute was governed by the parties'...

Mealey's Litigation Procedure - Pennsylvania Federal Judge Refuses CVS's Request To Dismiss Wage-And-Hour Class Suit

PHILADELPHIA - A Pennsylvania federal judge on July 21 denied a motion by CVS Pharmacy Inc. and CVS Caremark Corp. (collectively, CVS) to dismiss a wage-and-hour class complaint filed by pharmacy technicians and ruled that his order was no longer subject to renewal based on the defendants' "relentless...

Mealey's Litigation Procedure - California Federal Judge Denies Wal-Mart's Appeal Motion In Drivers' Wage Suit

SAN FRANCISCO - A California federal judge on July 21 denied a motion by Wal-Mart Stores Inc. and Wal-Mart Transportation LLC (collectively, Wal-Mart) to certify an interlocutory appeal, finding Wal-Mart's questions of law to be "over-broad, argumentative and untethered" (Charles Ridgeway...

Mealey's Litigation Procedure - Magistrate: Discovery From Irish Facebook Affiliate Not Merited In Privacy Suit

OAKLAND, Calif. - The plaintiffs in a putative class action alleging privacy violations by Facebook Inc.'s purported scanning of users' private messages are not permitted to compel materials from the social network's Irish affiliate, a California federal magistrate ruled July 21, finding...

Mealey's Litigation Procedure - Expert In Ladder Fall Case Qualified; Opinions Reliable, Judge Determines

DETROIT - A mechanical engineer can testify as an expert witness that the design of a portable tree-climbing ladder caused the injuries of a hunter who fell from the ladder because the expert is qualified and his opinions are reliable and relevant, a Michigan federal judge held July 23 (Patrick Valente...

Mealey's Litigation Procedure - Judge Asks Parties To Submit More Details On Sealable Information

SAN JOSE, Calif. - After finding that parties need to provide additional information on a request to seal certain information, including a request for international arbitration, pursuant to local rules, a California federal judge on July 22 ordered a company to submit a declaration showing that parts...

Mealey's Litigation Procedure - Most Opinions Of Accident Reconstructionist Valid, Missouri Federal Judge Says

ST. LOUIS - An accident reconstruction expert can offer several opinions on who caused a crash between a tractor-trailer and a car but cannot opine about gouge marks in the road at the crash scene because such testimony is too speculative, a Missouri federal judge ruled July 24 (Diana Boren, et al. v...

Mealey's Litigation Procedure - ICSID Upholds Slovak Republic's Challenges, Denies Request For Provisional Measures

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on July 23 released its decision denying a request for provisional measures filed by Canadian resource and Swiss gas corporations against the Slovak Republic, finding that no exceptional circumstances existed that...

Mealey's Litigation Procedure - Judge: Building Code Expert Can Testify In Action Over Business Addition

PITTSBURGH - A city's building code expert witness in a dispute over the construction of an addition at a business can offer opinions about her background, building codes in general, how she performs her job in comparison to the city's code officer and how the property in question compares to...

Mealey's Litigation Procedure - Calif. Panel: Dog Owner Failed To Show Vets Violated Consumer Remedies Act

LOS ANGELES - A dog owner whose dog died one day after being treated by a veterinarian the owner claims misrepresented her qualifications failed to show that the conduct of the vet, her supervisor or the facility violated the Consumer Legal Remedies Act (CLRA) or that the allegations satisfied the common...

Mealey's Litigation Procedure - Sikorsky Hit With Wage-And-Hour Class Complaint

PHILADELPHIA - An avionics lead filed a class complaint on July 23 in Pennsylvania federal court accusing his employer of illegally rounding off the hours worked by nonexempt employees (Joshua Lane, et al. v. Sikorsky Aircraft Corporation, et al., No. 15-4106, E.D. Pa.).

Mealey's Litigation Procedure - Federal Judge Preliminarily Approves $12 Million Settlement In Tuna Suit

SAN FRANCISCO - A federal judge in California on July 23 granted preliminary approval of a $12 million settlement in a class action lawsuit accusing a tuna manufacturer and distributor of under-filling its products in violation of the state's unfair competition law (UCL) and approved the plaintiff's...

Mealey's Litigation Procedure - MDL Judge Approves MI Windows Settlement, Certifies Classes

CHARLESTON, S.C. - A federal judge in South Carolina presiding over 18 lawsuits involving water intrusion caused by allegedly defective windows made by MI Windows & Doors Inc. (MIWD) on July 22 entered final approval for homeowners who suffered water damage to their homes and contractors who installed...

Mealey's Litigation Procedure - 2nd Circuit: Cash Balance Plan's Definition Of 'Normal Retirement Age' Is Invalid

NEW YORK - PricewaterhouseCoopers LLP's cash balance pension plan violates the Employee Retirement Income Security Act because it defines "normal retirement age" as five years of service, which "bears no plausible relation to 'normal retirement,'" the Second Circuit U...

Mealey's Litigation Procedure - 6th Circuit Reinstates Suit Alleging Bank Closed Arab Americans' Accounts

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 24 reversed a trial court's dismissal of a lawsuit filed by two Arab Americans against their former bank alleging that their accounts were wrongfully closed due to their national origin (Ali El-Hallani, et al. v. Huntington National Bank...

Mealey's Litigation Procedure - English Appeals Court Affirms Ruling Setting Aside Interim Debt Orders

LONDON - An English appeals court on July 28 affirmed a court's decision to set aside parts of interim third-party debt orders that were issued in relation to an $8,716,477 arbitration award in favor of a petroleum corporation and against an Iraqi oil marketing company (Taurus Petroleum Limited v...

Mealey's Litigation Procedure - D.C. Federal Judge Denies 2 Motions To Modify $680M Farming Settlement

WASHINGTON, D.C. - A District of Columbia federal judge on July 24 acknowledged that "the claims process failed" in a 2011 $680 million settlement reached between Native American farmers and the U.S. secretary of Agriculture in a class suit over discriminatory government loan processing; however...

Mealey's Litigation Procedure - Kansas Federal Judge Preliminarily Approves $550,000 ERISA Settlement

KANSAS CITY, Kan. - A Kansas federal judge on July 27 granted preliminary approval of a settlement worth at least $550,000 to end claims by former hospital workers who allege on behalf of themselves and a similarly situated class that they were improperly denied separation benefits at the time they were...

Mealey's Litigation Procedure - N.J. Panel: Court Abused Its Discretion In Ordering Insurers To Produce Documents

TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested...

Mealey's Litigation Procedure - Direct Purchaser Class Certified In Pennsylvania Pay-For-Delay Case

PHILADELPHIA - U.S. Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania on July 27 agreed to certify a class of direct purchaser plaintiffs in a long-running antitrust dispute over pay-for-delay agreements relating to generic modafinil (King Drug Company of Florence, Inc., et al. v. Cephalon...

Mealey's Litigation Procedure - Judge In GM MDL Denies Broad-Based Order Protecting Pretrial Discovery Materials

NEW YORK - The federal judge overseeing the multidistrict ignition-switch litigation against General Motors LLC (New GM) on July 24 denied the automaker's request for a broad-based order enjoining the use of pretrial discovery materials for nonlitigation purposes (In re: General Motors LLC Ignition...

Mealey's Litigation Procedure - 2nd Circuit Upholds Fraud Convictions, Coin Experts' Testimony

NEW YORK - A federal court did not abuse its discretion in allowing two coin-grading experts to testify at a trial in which two men were found guilty of defrauding customers of their coin-selling businesses, the Second Circuit U.S. Court of Appeals held July 27, finding that "it clearly was appropriate...

Mealey's Litigation Procedure - California Judge Dismisses UCL, False Advertising Claims Over Phone App

FRESNO, Calif. - A federal judge in California on July 24 dismissed with leave to amend claims under the state's False Advertising Law (FAL) and unfair competition law (UCL) as they related to an omission by the defendant that additional fees may be imposed after the purchase of an application used...

Mealey's Litigation Procedure - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based...

Mealey's Litigation Procedure - Class Certified In Halliburton Securities Class Action Lawsuit

DALLAS - A federal judge in Texas on July 25 granted in part an investor's motion for class certification in a securities class action lawsuit, ruling that the investor has properly pleaded a corrective disclosure that led to a price impact on the part of Halliburton Co. and its former CEO with regard...