Mealey's Litigation Procedure - Jury Verdict Reached In Apple's Favor In Antitrust Class Action

OAKLAND, Calif. - In the first day of deliberation after 10 days of oral arguments, a California federal jury on Dec. 16 found that firmware and software updates that Apple Inc. made to its iTunes and iPod products were "genuine product improvements" and, therefore, did not constitute efforts...

Mealey's Litigation Procedure - Former Employees File Class Action Over Sony Data Breach

LOS ANGELES - Two former employees filed a putative class complaint against Sony Pictures Entertainment Inc. in California federal court Dec. 15, asserting that the entertainment giant was negligent in its cyber security, which led to the recent breach of Sony's computer network and the compromising...

Mealey's Litigation Procedure - Massachusetts Federal Judge Denies Summary Judgment On Merchantability Issue

BOSTON - A class of smokers who want Philip Morris USA Inc. to pay for low-dose computer tomography (LDCT) to detect early signs of smoking-related diseases has not produced sufficient evidence to prove that the company could have marketed a safer cigarette, a federal judge in Massachusetts ruled Dec...

Mealey's Litigation Procedure - Daubert, Summary Judgment Motions Denied In Telenovela Copyright Dispute

MIAMI - In a Dec. 15 ruling, a Florida federal judge denied a series of expert testimony challenges under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579 [1993]) in a copyright infringement lawsuit over a Spanish-language soap opera, finding that the parties' objections went to the weight...

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 - Hong Kong Establishes International Arbitration Advisory Committee

HONG KONG - The Hong Kong Department of Justice (DoJ) on Dec. 18 announced the establishment of an advisory committee, as a means of promoting Hong Kong as a leading center for international arbitration.

Mealey's Litigation Procedure - Turner & Newell Can't Depose Asbestos Trust Official, Rhode Island Judge Says

PROVIDENCE, R.I. - Any evidence gleaned from deposing an asbestos trust representative would be cumulative of and more easily obtained through the trust's governing documents, a Rhode Island judge held Dec. 16 (Maureen Gallagher, et al. v. American Insulated Wire Corp., et al., No. PC11-5269, Constance...

Mealey's Litigation Procedure - Illinois Court Denies New Trial Despite Violation Of Evidence Order

SPRINGFIELD, Ill. - A woman's request for a new trial fails because she made a tactical decision to forgo such relief after a defendant violated an evidence order, an Illinois appeals court held Dec. 16 (Carol Holloway v. Sprinkmann Sons Corp. of Illinois, No. 4-13-1118, Ill. App., 4th Dist.).

Mealey's Litigation Procedure - 3rd Circuit: Medical Reports Didn't Meet Asbestos MDL Guidelines

PHILADELPHIA - A medical expert opined that a woman's fatal disease arose from take-home exposures, but he never linked her specific exposures to the disease as required by the asbestos multidistrict litigation guidelines, the Third Circuit U.S. Court of Appeals held in affirming dismissal of the...

Mealey's Litigation Procedure - Illinois Judge Sends NCAA Concussion Class Settlement Back For Revision

CHICAGO - The federal judge overseeing the National Collegiate Athletic Association (NCAA) concussion litigation on Dec. 17 rejected a $75 million settlement of the class action, expressing concerns about the adequacy of the fund and other details of the agreement (In re National Collegiate Athletic...

Mealey's Litigation Procedure - Reconsideration Denied In Securities Lawsuit Against Medical Device Company

SAN JOSE, Calif. - A federal judge in California on Dec. 15 denied a motion for reconsideration filed by defendants in a securities class action lawsuit, ruling that they have failed to show how two Ninth Circuit U.S. Court of Appeals decisions would change the outcome in the instant action (In re Intuitive...

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 - British American Reaches $575 Million Settlement Over Flintkote Asbestos Claims

LONDON - Imperial Tobacco Canada, a subsidiary of British American Tobacco, will pay $575 million to settle asbestos-related litigation involving The Flintkote Co., the company announced Dec. 16 in a news release.

Mealey's Litigation Procedure - Lawsuit Over 401(k) Fees, Investments Settles On Eve Of Trial

EAST ST. LOUIS, Ill. - Participants in two of Lockheed Martin Corp.'s 401(k) plans reached a provisional settlement on their claims that the plans' fiduciaries breached their duties under the Employee Retirement Income Security Act by causing the plans to pay excessive administrative expenses...

Mealey's Litigation Procedure - NLRB Files Consolidated Wage, Working Conditions Complaints Against McDonald's

WASHINGTON, D.C. - The National Labor Relations Board (NLRB) Office of the General Counsel announced Dec. 19 that it has filed multiple consolidated complaints against McDonald's USA LLC and the company's franchisees, as joint employers, alleging violations of employees' rights.

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...

Mealey's Litigation Procedure - Judge Permits Testimony On Intoxication In Tasering Incident Lawsuit

PHILADELPHIA - A doctor may present his report and testimony as to the purported intoxication of the plaintiff in a police excessive force lawsuit, a Pennsylvania federal judge ruled Dec. 17, finding that the report met the criteria of Federal Rule of Evidence 702 and denying the plaintiff's motion...

Mealey's Litigation Procedure - Judgment Denied; Some Expert Testimony Precluded In Drug Pump Negligence Suit

ROANOKE, Va. - Finding that multiple fact issues exist in a negligence lawsuit against the manufacturers of a pain medication analgesia pump, a Virginia federal judge on Dec. 19 declined to grant summary judgment to the defendants, while partly granting and partly denying their motions to exclude the...

Mealey's Litigation Procedure - California Federal Judge Grants Class Status To Vacation Pay Dispute

SAN DIEGO - A federal judge in California on Dec. 17 granted class action status to a case accusing J.C. Penney Corp. Inc. of violating state law, including the unfair competition law (UCL), by failing to pay vacation benefits as required (Raymond Tschudy v. J.C. Penney Corporation Inc., No. 11-1011...

Mealey's Litigation Procedure - MTBE Judge: Dismissal Of Plaintiff Expert 'Premature' At This Stage In The Case

NEW YORK - The federal judge in New York presiding over the methyl tertiary butyl ether (MTBE) products litigation on Dec. 18 ruled that, despite her reservations about a plaintiff expert's plume model, dismissal of the expert at this stage of the case was "premature" (In Re: Methyl Tertiary...

Mealey's Litigation Procedure - English Court Refuses To Set Aside Award For Canadian Energy Firm

VANCOUVER, British Columbia - An energy resource company on Dec. 19 announced that an English high court has refused to set aside an arbitration award that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration.

Mealey's Litigation Procedure - Judge Limits Some Of Experts' Testimony In Arthritis Drug Patent Dispute

WORCESTER, Mass. - Granting in part motions by both parties in a patent infringement case pertaining to method patents for treatment of rheumatoid arthritis, a Massachusetts federal judge on Dec. 19 limited certain expert witness testimony related to lost profits, the patent application process and willful...

Mealey's Litigation Procedure - Judge In Asbestos Exposure Case Declines To Permit 'Any Exposure' Expert Testimony

CHICAGO - An Illinois federal judge on Dec. 22 ruled that expert testimony under the "any exposure" causation theory for asbestos exposure was unsupported by case law and not sufficiently reliable to establish specific causation related to the plaintiff's injury and his negligence claims...

Mealey's Litigation Procedure - Expert Testimony On Functionality Allowed In Gun Replica Trade Dress Case

LAS VEGAS - A Nevada federal judge on Dec. 19 ruled that a firearms functionality expert's testimony would be helpful to the jury in a trade dress infringement lawsuit, finding no case law or compelling reason to grant the plaintiffs' motion to exclude (Cybergun S.A., et al. v. JAG Precision...

Mealey's Litigation Procedure - New York Justice Won't Reconsider Punitive Damages Decision

NEW YORK - A New York justice on Dec. 18 declined defendants' motion to renew, reargue or stay a ruling allowing punitive damages in New York City's asbestos litigation (In re: New York City Asbestos Litigation, No. 40000/88, N.Y. Sup., New York Co.).