Mealey's Litigation Procedure - U.S. Supreme Court Hears Oral Arguments In CAFA Evidence Appeal

WASHINGTON, D.C. - The plain language of 28 U.S. Code Section 1446(a) requires only "a short and plain statement of the grounds for removal," not evidence, the attorney representing Dart Cherokee Basin Operating Co. LLC and Cherokee Basin Pipeline LLC argued Oct. 7 before the U.S. Supreme Court...

Mealey's Litigation Procedure - California Court Confirms $128 Million ICC Award Issued In Patent Dispute

SAN JOSE, Calif. - A California technology firm on Oct. 10 announced that a state court has confirmed a $128,335,504 arbitration award issued in its favor by the International Court of Arbitration of the International Chamber of Commerce (ICC).

Mealey's Litigation Procedure - Auto Dealership Settles Technicians' Wage Class Complaint For $2 Million

SACRAMENTO, Calif. - A California federal judge on Oct. 8 granted final approval of a $2 million settlement to be paid by the owner of California auto dealerships who was accused by technicians of using a pay scheme that failed to pay them for the actual time they spent working (Jose Ontiveros v. Robert...

Mealey's Litigation Procedure - ICSID Tribunal Orders Venezuela To Pay $189M In Treaty Dispute

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 9 issued an award in an oil project investment dispute filed by several oil companies against the Bolivarian Republic of Venezuela, awarding the companies $189,754,182 in compensation (Mobil...

Mealey's Litigation Procedure - Ontario Court Grants Injunction; Stans Seeks To Enforce Russian Award

TORONTO - A Canadian energy company on Oct. 14 announced in news release that a Canadian court has issued an injunction in its favor and against the Kyrgyz Republic barring it from selling shares of a gold-mining company and said that it will seek an extension of the injunction pending an enforcement...

Mealey's Litigation Procedure - Kansas Federal Judge Rejects National Beef's $350,000 Wage-And-Hour Settlement

KANSAS CITY, Kan. - A Kansas federal judge on Oct. 10 overruled a joint motion seeking approval of a $350,000 settlement in a wage-and-hour collective action filed by meat workers who allege that they are improperly compensated under a "gang time" system (Valente Sandoval Barbosa, et al. v...

Mealey's Litigation Procedure - Wisconsin Appeals Panel Reinstates Teachers' Claims Over Retirement Changes

MADISON, Wis. - A notice served to a school district by two teachers that included an attached list of parties and itemization of damages was sufficient to allow the later lawsuit filed by six teachers to proceed, the Wisconsin Court of Appeals ruled Oct. 22, reversing a ruling by a Wisconsin Circuit...

Mealey's Litigation Procedure - Stored Communications Act Requires User's Lawful Consent, Appeals Panel Rules

SAN JOSE, Calif. - A trial court erred in imputing an email user's consent and denying his motion to quash a discovery subpoena directed at production of his email messages from Google Inc., a California appeals panel held Oct. 21, ruling that the man's lawful consent was required prior to production...

Mealey's Litigation Procedure - Comcast To Settle Antitrust Suit For $50M

PHILADELPHIA - Plaintiffs in the antitrust lawsuit that made its way to the U.S. Supreme Court and accuses Comcast Corp. of conspiring with other cable companies to remain the exclusive provider in certain areas moved Oct. 28 for certification of a settlement class and preliminary approval of a $50 million...

Mealey's Litigation Procedure - Magistrate Declines To Stay, Reconsider Discovery Order In PCB Litigation

JACKSON, Miss. - A group of defendant attorneys accused of breaches of duty in underlying toxic tort settlements failed to establish that discovery sought in the class certification phase is overly broad, burdensome or irrelevant, a Mississippi federal magistrate ruled Oct. 29, denying their motions...

Mealey's Litigation Procedure - Arbitration Court Decides Railway Dispute Between Singapore And Malaysia

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Oct. 30 issued an award in a dispute between Singapore and Malaysia in relation to a former Malaysian railway, finding that Malaysia is not liable to pay development charges related to the properties (In the Matter of...

Mealey's Litigation Procedure - Pennsylvania Panel Declines To Apply Crime-Fraud Exception To Records Request Case

HARRISBURG, Pa. - A Pennsylvania Commonwealth Court panel found that a state agency properly redacted responsive records to a request made under the state's Right-To-Know Law (RTKL) in an Oct. 30 ruling, holding that a crime-fraud exception, typically applied in attorney-client privilege situations...

Mealey's Litigation Procedure - U.S. Supreme Court Refuses To Review Decision Upholding $185 Million Award

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 3 denied a petition for writ of certiorari filed by the Republic of Argentina, which sought review of a recent Supreme Court ruling that reversed an appellate court decision to vacate an order confirming a $185,285,485.85 international arbitration award...

Mealey's Litigation Procedure - California Federal Judge: Costco Wage Class Suit Belongs In State Court

SAN DIEGO - A California federal judge, in an order filed Nov. 5, remanded a class complaint accusing Costco Wholesale Corp. of various wage violations, finding that the warehouse club failed to prove that the complaint met the $5 million Class Action Fairness Act (CAFA) threshold or the $75,000 diversity...

Mealey's Litigation Procedure - Venezuela Seeks To Set Aside $740 Million Award In French Court Of Appeal

SPOKANE, Wash. - A mining corporation on Nov. 7 announced that it has been unable to satisfy a $740.3 million award issued by the International Centre for Settlement of Investment Disputes (ICSID) against the Republic of Venezuela.

Mealey's Litigation Procedure - Split 5th Circuit Reinstates ATM Fees Notice Suit; Panel Disagrees About Injury

NEW ORLEANS - A split Fifth Circuit U.S. Court of Appeals panel on Nov. 5 reinstated a lawsuit filed by a consumer who claims that a bank violated the Electronic Funds Transfer Act (EFTA) by not posting an external notice regarding fees on its automatic teller machines (ATMs) (Lisa Mabary v. Home Town...

Mealey's Litigation Procedure - 9th Circuit Bars State's Restitution Claims For Class That Already Settled

PASADENA, Calif. - The State of California may proceed with claims against the maker of a gender prediction test under the state's unfair competition and false advertising laws but may not proceed with restitution claims that seek relief for those alleged violations on behalf of members of a class...

Mealey's Litigation Procedure - Sinus Buster Settlement Of Labeling Suit Will Provide Consumers With Refunds

NEW YORK - A company that makes a line of products advertised as treating sinus congestion will offer full refunds to consumers who can provide proof of purchase as part of a settlement granted final approval in a New York federal court on Nov. 10 (In Re: Sinus Buster Products Consumer Litigation, No...

Mealey's Litigation Procedure - English Justice Finds Court Lacks Jurisdiction Over Cypriot Entities

LONDON - After finding that an England and Wales High Court lacked jurisdiction over various Cypriot and other entities, a justice for the court on Nov. 11 granted a request by the companies to set aside an order for service on them in relation to an underlying action to confirm an arbitration award...

Mealey's Litigation Procedure - New York Sushi Restaurant Settles Wage Claims For $2.4M

NEW YORK - A New York City restaurant will pay $2.4 million to end wage-and-hour claims filed against it by wait staff, bussers and chefs, according to a settlement granted final approval by a New York federal judge on Nov. 12 (Sakiko Fujiwara, et al. v. Sushi Yasuda Ltd., et al., No. 12-8742, S.D. N...

Mealey's Litigation Procedure - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043...

Mealey's Litigation Procedure - ICSID Rejects Certain Jurisdictional Objections Asserted By Argentina

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 17 released its decision on jurisdiction in a case filed by more than 70 Italian individuals and entities in relation to their alleged investments, partially rejecting objections to jurisdiction...

Mealey's Litigation Procedure - Federal Judge Refuses To Send Software Dispute To ICC Arbitration

NEW YORK - After finding that claims asserted by software companies did not relate to two underlying arbitration agreements, a New York federal judge on Nov. 20 refused to compel arbitration pursuant to the International Chamber of Commerce (ICC) Rules (Microsoft Corporation, et. al. v. Samsung Electronics...

Mealey's Litigation Procedure - 7th Circuit Rejects $5.63M Settlement In Nutritional Supplement Case

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Nov. 19 rejected a settlement that it found to total $5.63 million in a dispute over claims made by the makers and sellers of a nutritional supplement that was estimated by the District Court to be valued at $20.2 million (Nick Pearson, et al. v...

Mealey's Litigation Procedure - Split 8th Circuit Denies Rehearing In Tyson Donning, Doffing Suit

ST. PAUL, Minn. - A split Eighth Circuit U.S. Court of Appeals on Nov. 19 denied both a petition for panel rehearing and a petition for rehearing en banc in a class suit in which Tyson Foods Inc. employees were awarded $5,785,757.40 for overtime activities, including donning and doffing before and after...