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...

Mealey's Litigation Procedure - 5th Circuit Finds Order Compelling Arbitration Was Not Final, Appealable

NEW ORLEANS - After finding that a district court's order granting a London insurer's motion to stay a case and to compel arbitration was interlocutory and not final, the Fifth Circuit U.S. Court of Appeals on Nov. 25 dismissed an electric power company's appeal for lack of jurisdiction ...

Mealey's Litigation Procedure - California Appeals Court Finds Petition To Correct Award Was Untimely

SAN FRANCISCO - A California appeals court on Nov. 25 affirmed a trial court's decision to dismiss a technology corporation's appeal of a ruling to deny its request for correction of an international arbitration award, finding that the petition was untimely and lacked merit (Amkor Technology...

Mealey's Litigation Procedure - Texas Federal Judge Allows Late Opt-Ins In Exotic Dancers' Wage Suit

HOUSTON - A Texas federal judge on Nov. 24 allowed late opt-in filings by nearly a dozen exotic dancers in a class complaint accusing the clubs where they dance and the clubs' owners of denying them wages by improperly classifying them as independent contractors (Paulita Coronado, et al. v. D N.W...

Mealey's Litigation Procedure - Tractor Supply Agrees To Pay $1 Million To Settle Wage Class Suit

SAN FRANCISCO - A California federal magistrate judge on Nov. 26 preliminarily approved a $1 million settlement to be paid by Tractor Supply Co. to resolve a wage-and-hour class complaint filed by a former store clerk (Patrick Bellinghausen v. Tractor Supply Company, No. 13-2377, N.D. Calif.; 2014 U...

Mealey's Litigation Procedure - Gold Reserve Seeks Confirmation Of $740 Million ICSID Award Against Venezuela

WASHINGTON, D.C. - A Canadian mining corporation on Dec. 1 announced that it has filed a petition to confirm a $740.3 million award in a District of Columbia federal court that was issued in its favor and against the Bolivarian Republic of Venezuela (Gold Reserve Inc. v. Bolivarian Republic of Venezuela...

Mealey's Litigation Procedure - California Grape Grower, Labor Contractor Will Settle Wage Claims For $2.3 Million

FRESNO, Calif. - A California federal magistrate judge on Nov. 26 granted preliminary approval to a $2.3 million settlement to be paid by a California grape grower and a labor contractor to end a class complaint filed by workers seeking unpaid wages (Margarita Rosales, et al. v. El Rancho Farms, et al...

Mealey's Litigation Procedure - 11th Circuit: Offer Of Judgment Didn't Require Dismissal Of TCPA Suit

ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 1 reversed a Florida judge's dismissal of a class complaint under the Telephone Consumer Protection Act (TCPA), finding that an offer of judgment to the lead plaintiff before he moved for class certification did not render the lead plaintiff's...

Mealey's Litigation Procedure - Inadvertent Disclosure Of Memo May Preserve Privilege, Ohio Appeals Panel Rules

CLEVELAND - Determining that the plaintiff in a breach of promise lawsuit inadvertently disclosed a personal memo that was obtained by the defendants during discovery, an Ohio appeals panel on Nov. 26 ruled that this may have preserved his attorney-client privilege defense, vacating a lower court's...

Mealey's Litigation Procedure - Federal Judge Grants Injunction Barring FINRA Arbitration

NEW YORK - After finding that Luxembourg and Canadian corporations showed the necessary elements for a preliminary injunction, a New York federal judge on Dec. 1 granted their request to enjoin a partnership and a corporation from arbitrating a breach of contract dispute before the Financial Industry...

Mealey's Litigation Procedure - Tribunal Awards Oil And Gas Fund $5 Million In Loan Agreement Dispute

TORONTO - A Canadian energy corporation on Dec. 2 announced that an international arbitration tribunal has issued an award against it in a dispute with an oil and gas fund.

Mealey's Litigation Procedure - 11th Circuit Reinstates TCPA Class Suit Despite Offer Of Judgment

ATLANTA - A Federal Rule of Civil Procedure (FRCP) 68 offer of judgment does not automatically moot the named plaintiffs' claims or the class claims even if a motion for class certification has not yet been filed, the 11th Circuit U.S. Court of Appeals ruled Dec. 1 in a decision it noted addressed...

Mealey's Litigation Procedure - Florida Panel: Litigation File Not Discoverable To Resolve Attorney Fees Motion

TALLAHASSEE, Fla. - A petitioner's litigation file is not discoverable related to her motion for attorney fees from an auto accident lawsuit, a Florida appeals panel ruled Dec. 2, finding the file to be protected by the work product doctrine and attorney-client privilege and quashing a trial court's...

Mealey's Litigation Procedure - PCA Will Hear The Netherlands Convention Claims Against Russia

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Dec. 5 released its award on jurisdiction in a dispute between the Kingdom of the Netherlands against the Russian Federation over the seizure of a vessel that is operated by Greenpeace International, finding that it has jurisdiction...

Mealey's Litigation Procedure - 11th Circuit Affirms Ruling Compelling Arbitration Of Claims Against Cruise Line

ATLANTA - After finding that all jurisdictional prerequisites were met and that a seaman's claims against his employer fell within the scope of a collective bargaining agreement, the 11th Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's ruling compelling arbitration under Italian law...

Mealey's Litigation Procedure - U.S. High Court Hears Arguments In Case Over Appealing LIBOR Suit

WASHINGTON, D.C. - A dismissal of a lawsuit by a trial court and a statement that the case was terminated render the case appealable, Thomas C. Goldstein of Goldstein & Russell in Bethesda, Md., argued Dec. 9 before the U.S. Supreme Court (Ellen Gelboim and Linda Zacher, et al. v. Bank of America...

Mealey's Litigation Procedure - Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal

WASHINGTON, D.C. - A notice of removal filed under the Class Action Fairness Act (CAFA) requires only a plausible allegation regarding the amount in controversy exceeding the jurisdictional threshold, a split U.S. Supreme Court ruled Dec. 15 (Dart Cherokee Basin Operating Company, LLC, et al. v. Brandon...

Mealey's Litigation Procedure - Federal Judge Confirms Hungarian Arbitration Award In Medical Services Dispute

WASHINGTON, D.C. - After a corporation failed to respond to a medical services company's petition to confirm, a District of Columbia federal judge on Dec. 11 entered a default ruling against it and confirmed a Hungarian arbitration award (Mediso Medical Equipment Developing Services Ltd. v. BIOSCAN...

Mealey's Litigation Procedure - Split Pa. High Court Upholds Certification Of, Verdict For Wal-Mart Worker Class

HARRISBURG, Pa. - A split Pennsylvania Supreme Court on Dec. 15 rejected a claim of "trial by formula" and upheld the certification of 187,979 Wal-Mart Stores Inc. and Sam's Club (collectively, Wal-Mart) workers who brought a wage-and-hour suit and a more than $187 million award for those...

Mealey's Litigation Procedure - 3rd Circuit: Defendant May Rely On Plaintiff's Statements For Proof Of Numerosity

PHILADELPHIA - The defendant in an insurance breach-of-contract class complaint may rely on statements made by the lead plaintiff regarding the class size to prove numerosity, the Third Circuit U.S. Court of Appeals ruled Dec. 12, partially reversing a District Court's ruling (Francine Judon, et...

Mealey's Litigation Procedure - PCA Issues Order After China Refuses To Participate In Arbitration

THE HAGUE, Netherlands - In response to the People's Republic of China's recent statement that it will not participate in arbitration with the Republic of Philippines over a maritime dispute, the Permanent Court of Arbitration (PCA) on Dec. 17 issued an order requesting additional information...

Mealey's Litigation Procedure - ICSID Denies Requests By Parties To Correct $740 Million Award

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 15 denied requests filed by a gold mining company and the Bolivarian Republic of Venezuela to correct alleged errors in a $740.3 million award issued in relation to the expropriation of a...

Mealey's Litigation Procedure - 7th Circuit: Court Erred In Striking Expert Testimony In Ladder Fall Case

CHICAGO - A federal magistrate judge erred in striking the testimony of an accident reconstructionist in a product liability lawsuit over a purportedly defective ladder, a Seventh Circuit U.S. Court of Appeals panel found Dec. 17, finding that it was for the jury to decide whether the expert's causation...

Mealey's Litigation Procedure - Judge Declines To Quash Symantec Subpoena In Target Data Breach Suit

SAN FRANCISCO - Symantec Corp. saw its motions to quash and for a protective order denied Dec. 19, with a California federal judge finding that the cyber-security firm had "not meaningfully disputed the relevance sought by the subpoena" in an underlying consumer class action against Target...