LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - California Federal Magistrate Grants Final Approval Of $1M Tractor Supply Settlement

SAN FRANCISCO - A California federal magistrate judge on March 20 granted final approval of 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; however, the magistrate reduced the lead plaintiff's requested incentive award...

Mealey's Litigation Procedure - Ohio Court Finds Sellers Did Not Conceal Mold, Affirms Dismissal

WARREN, Ohio - After finding that a sale agreement barred claims asserted by the purchasers of a house, which allegedly contained water and mold damage, an Ohio appeals court on March 23 affirmed a trial court's ruling in favor of the seller (Teresa Benko, et al. v. Robert Smyk, No. 2013-L-133, Ohio...

Mealey's Litigation Procedure - Missouri Federal Judge Certifies Class Suing Riceland For Using Work Product

ST. LOUIS - A Missouri federal judge on March 19 certified a class of lawyers and their clients who sued Riceland Foods Inc. alleging that the company, without proper compensation, used some of the plaintiffs' litigation work product in prosecuting its own claim against Bayer Crop Science in a dispute...

Mealey's Litigation Procedure - ICSID Allows PAHO To File Submission In Tobacco Dispute With Uruguay

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes on March 24 approved a request by the Pan American Health Organization (PAHO) for leave to file a written submission in a dispute between Philip Morris entities and the Oriental Republic of Uruguay over tobacco packaging...

Mealey's Litigation Procedure - Split 5th Circuit: Deaf Drivers Failed To State Claim In Suit Over Delayed Licenses

NEW ORLEANS - Deaf Texas individuals who claim they were improperly barred from obtaining driver's licenses until they turned 25 failed to state a claim for which relief can be granted, a split Fifth Circuit U.S. Court of Appeals ruled March 24 (Donnika Ivy, et al. v. Commissioner Michael Williams...

Mealey's Litigation Procedure - Wyoming High Court Affirms Comparative Fault, Evidentiary Rulings In Accident Case

CHEYENNE, Wyo. - A trial court properly instructed a jury to conduct a comparative fault analysis in a personal injury lawsuit pertaining to an auto accident involving a drunken driver, the Wyoming Supreme Court ruled March 24, also upholding the lower court's discovery and Daubert rulings (Mary...

Mealey's Litigation Procedure - $725,000 Extended Jail Detention Settlement Is Granted Provisional Approval

FORT WAYNE, Ind. - An Indiana federal judge on March 26 granted provisional approval of a $725,000 settlement in a class complaint accusing the Whitley County, Ind., sheriff of violating jailed individuals' constitutional rights (Lawrence M. Bickel, et al. v. Sheriff of Whitley County, No. 08-102...

Mealey's Litigation Procedure - U.K. Home Office And Technology Firm Reach 150 Million Pound Agreement

WALTHAM, Mass. - A technology company on March 26 announced that its subsidiary has reached a 150 million pound settlement agreement with the United Kingdom in relation to a long-running arbitration dispute over electronic border security.

Mealey's Litigation Procedure - Federal Court Enters Default Against Venezuela In Confirmation Action

WASHINGTON, D.C. - The U.S. District Court for the District of Columbia on March 27 entered a default ruling against the Bolivarian Republic of Venezuela in a case filed by a Canadian gold mining corporation that seeks to confirm a $740.3 million arbitration award in its favor, after Venezuela failed...

Mealey's Litigation Procedure - Tribunal Issues Decision In UNCITRAL Arbitration Between Ecuador And Texaco

THE HAGUE, Netherlands - A decision by the Permanent Court of Arbitration was released April 2 in which the tribunal issued an award addressing arguments made by Chevron Corp. and its subsidiary Texaco Petroleum Co. (TexPet) in relation to settlement agreements with the Republic of Ecuador (Chevron Corporation...

Mealey's Litigation Procedure - Rosneft Reaches Settlement With Yukos Investors, Ends Legal Disputes

MOSCOW - Russia's oil company on April 1 announced that it has reached a settlement with numerous investors, ending long-running litigation and arbitration in several jurisdictions.

Mealey's Litigation Procedure - Lawyer's Communications With Co-Plaintiffs Protected From Discovery, Panel Rules

CLEVELAND - An attorney's communications with his co-clients in an underlying lawsuit are not discoverable to one of those clients in a subsequent legal malpractice case, an Ohio appeals panel ruled April 2, finding the documents protected by attorney-client privilege and reversing a trial court's...

Mealey's Litigation Procedure - 5th Circuit Affirms Vacatur Of Award Not Issued Under ICC Rules

NEW ORLEANS - After finding that parties were required to arbitrate a dispute pursuant to the International Chamber of Commerce (ICC) arbitration rules, the Fifth Circuit U.S. Court of Appeals on April 7 affirmed a trial court's decision refusing to confirm and vacating an arbitration award that...

Mealey's Litigation Procedure - 3rd Circuit Vacates Class Certification In Blood Reagent Case For Daubert Findings

PHILADELPHIA - In light of a U.S. Supreme Court ruling handed down after a trial court certified an antitrust class against the producers of blood reagents, a Third Circuit U.S. Court of Appeals panel on April 8 reversed and remanded the certification ruling, directing the trial court to consider the...

Mealey's Litigation Procedure - 9th Circuit Reinstates Claims In Class Suit Over 'Natural' Cosmetics

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 10 reinstated a quasi-contract cause of action and California state law claims brought by a class of consumers who allege false labeling claims caused them to buy "natural" cosmetics that they would have otherwise not purchased...

Mealey's Litigation Procedure - ICSID Dismisses Case Against Hellenic Republic For Lack Of Jurisdiction

WASHINGTON, D.C. - After finding that Greek government bonds allegedly held by a Slovak bank and a Greek company did not constitute an investment under bilateral investment treaties, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 13 released its decision...

Mealey's Litigation Procedure - ICSID Refuses To Amend Decision Allowing BIT Claims To Proceed Against Ecuador

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 13 released its decision to deny a motion filed by the Republic of Ecuador to amend a decision that upheld certain bilateral investment treaty claims against it (Perenco Ecuador Limited v. The Republic...

Mealey's Litigation Procedure - Bench Trial Concludes In Case Over Coverage For Excess Skin Removal

ALAMEDA, Calif. - The bench trial in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery without first having a physician review...

Mealey's Litigation Procedure - 8th Circuit Upholds Daubert Rulings In Suit Over Lightning Strike Fire

ST. LOUIS - A trial court properly applied the standards of Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579, 592-93 [1993]) in partly excluding an insurer's expert report and in admitting a tubing firm's expert's testimony, an Eighth Circuit U.S. Court of Appeals panel ruled April...

Mealey's Litigation Procedure - 5th Circuit Reverses Decision That Award Violated Public Policy

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 16 found that a district court erred in finding that an arbitration award violated public policy, reversing a decision that refused to enforce the award in a case filed by a seaman, who alleged that he was injured aboard a vessel (Lito Martinez...

Mealey's Litigation Procedure - 3rd Circuit: Trial Court Erred Finding Computer Spying Class Is Not Ascertainable

PHILADELPHIA - A district court erred when it found that proposed classes in a putative class action accusing a retailer of improperly spying on its customers via spyware were not ascertainable, a Third Circuit U.S. Court of Appeals panel ruled April 16 (Crystal Byrd, et al. v. Aaron's Inc., et al...

Mealey's Litigation Procedure - Macy's Delivery Drivers Seek Preliminary Approval Of $2.8M Wage Settlement

NEWARK, N.J. - Independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and Home Delivery Link Inc. moved April 15 in the U.S. District Court for the District of New Jersey to settle their wage claims for $2.8 million (Henry Badia, et al. v. Home...

Mealey's Litigation Procedure - 9th Circuit Panel Partially Upholds Injunction In Racial Profiling Class Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on April 15 upheld in part and vacated in part a permanent injunction issued in a class complaint brought against the Maricopa County, Ariz., Sheriff's Office (MCSO) and the sheriff alleging a widespread policy of racially profiling Latino...

Mealey's Litigation Procedure - PCA Says It Will Consider China's Position Paper As Pleas On Jurisdiction

THE HAGUE, Netherlands - After the People's Republic of China failed to respond to arbitration commenced by the Republic of the Philippines in relation to a maritime dispute, a tribunal for the Permanent Court of Arbitration (PCA) on April 21 ordered that it will consider communications, including...

Mealey's Litigation Procedure - 1st Circuit Vacates Ruling For State In Foster Kids' Suit Over Treatment

BOSTON - The First Circuit U.S. Court of Appeals on April 21 vacated a ruling in favor of the State of Rhode Island in a lawsuit filed on behalf of foster children who allege that the state's failures left them exposed to an unreasonable risk of harm (Danny B., by next of friend Gregory C. Elliott...