LexisNexis® Legal Newsroom
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 - U.S. Supreme Court Applies Reasonable Basis Standard For Statements Of Opinion

WASHINGTON, D.C. - The U.S. Supreme Court on March 24 reversed and remanded a Sixth Circuit U.S. Court of Appeals opinion in a securities class action lawsuit that determined that a company's executive officers may be held liable for statements made to investors that later turned out to be false...

Mealey's Litigation Procedure - Judge Denies Insurer's Post-Trial Motion To Exclude Trust's Expert Witness

GREENBELT, Md. - In light of a damages expert's qualifications and methods, as well as a jury's acceptance of his calculations, a Maryland federal judge on March 24 denied a defendant's motion to exclude, while holding that the defendant's expert's post-trial declaration was untimely...

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 - Sex Offenders' Witnesses May Testify On Treatment, Standards, Judge Rules

ST. LOUIS - A psychologist and social worker will be permitted to provide expert testimony on behalf of a group of declared sexually violent predators (SVPs) in their claims of constitutional violations against leaders in the Missouri Department of Mental Health (DMH) and its Sex Offender Rehabilitation...

Mealey's Litigation Procedure - New York Federal Judge Adopts Recommendation To Order Arbitration In UCL Suit

BROOKLYN, N.Y. - A New York federal judge on March 23 adopted a magistrate judge's recommendation to compel arbitration in a class action complaint accusing a manufacturer and distributor of video games of violating California's unfair competition law (UCL) by misleading consumers as to the ability...

Mealey's Litigation Procedure - Judge Denies Retailer's Summary Judgment Motion In Deceptive Pricing Suit

SANTA ANA, Calif. - A federal judge in California on March 23 denied J.C. Penney Corp.'s (JCPenney) summary judgment motion in a class action lawsuit accusing the retailer of deceptive advertising in violation of state laws, including the unfair competition law (UCL) (Cynthia E. Spann v. J.C. Penney...

Mealey's Litigation Procedure - 5th Circuit Finds No Discovery Abuse In Fraud Case Against Bank

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 23 affirmed a trial court's decision to grant summary judgment for a bank and found no evidence to support a finding of discovery abuse (Chong H. Choe, et al. v. Bank of America, N.A., No. 14-10826, 5th Cir.; 2015 U.S. App. LEXIS 4741...

Mealey's Litigation Procedure - Report: Securities Class Action Settlements Hit Lowest Levels Since 1998

BOSTON - Total settlement dollars in securities class actions dropped to their lowest point in 16 years in 2014, while the average settlement amount dropped to its lowest level since 2000, even though the "number of settlements remained largely unchanged," according to a report released March...

Mealey's Litigation Procedure - Magistrate Orders DuPont To Produce Discovery Documents In C8 Groundwater Case

COLUMBUS, Ohio - An Ohio federal magistrate judge presiding over a water company's lawsuit against E.I. du Pont de Nemours & Co. for the costs associated with remediating drinking water that was contaminated with perfluorooctanoic acid (known as C8) and other perfluorinated compounds (PFCs),...

Mealey's Litigation Procedure - Magistrate Judge Says Man Can Have Limited Access To Insurer's Documents

BATON ROUGE, La. - A man accused of misrepresenting information on his disability benefits insurance policy application can have limited access to Massachusetts Mutual Life Insurance Co.'s (MassMutual) underwriting and administration procedures because the information is relevant to the man's...

Mealey's Litigation Procedure - Company Providing Virtual Assistants Hit With Wage-And-Hour Collective Action

NEW YORK - A Tennessee woman filed a collective action complaint on March 24, accusing her employer of violating Fair Labor Standards Act (FLSA) minimum and overtime wage provisions by paying its employees who work as virtual assistants (VAs) on a per-task basis but grossly underestimating the amount...

Mealey's Litigation Procedure - Canadian Firm Provides Update On Payment Of PCA Award Against Mongolia

TORONTO - A resource company on March 26 issued an update on settlement negotiations with the government of Mongolia in relation to an approximately $100 million award recently issued in its favor by the Permanent Court of Arbitration (PCA).

Mealey's Litigation Procedure - MDL Judge Denies NHL's Motion To Dismiss Former Players' Brain-Injury Suit

MINNEAPOLIS - The federal judge overseeing the brain-injury multidistrict litigation against the National Hockey League on March 25 denied the NHL's motion to dismiss the plaintiffs' class action complaint (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D...

Mealey's Litigation Procedure - Privacy, Unfair Competition Class Claims May Proceed Against Apple, App Makers

SAN FRANCISCO - A California federal judge on March 23 mostly denied motions by Apple Inc. and a group of application (app) developers to dismiss a class action alleging privacy and other violations related to purported misappropriation of information in the address books of certain Apple devices (iDevices...

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 - Adult Film Company Denied Unrestricted Access To Defendants' Computer Drives

TAMPA, Fla. - A Florida federal magistrate judge on March 26 granted a motion by an online file-sharing defendant and his parents for a protective order against "a broadly worded subpoena duces tecum" served on them by a copyright infringement plaintiff, stating that 11th Circuit U.S. Court...

Mealey's Litigation Procedure - Federal Judge Refuses To Exclude Expert Testimony On Mold Exposure

INDIANAPOLIS - After finding that consumers who allege that a defective washing machine caused flooding and mold that made them ill did not disclose their experts in bad faith, an Indiana federal judge on March 26 denied a motion by the maker of the machine to exclude their experts' testimony (Matthew...

Mealey's Litigation Procedure - Judge Orders Insurer To Supply Reinsurance Consultant Communications

LANSING, Mich. - A federal judge in Michigan on March 25 granted a reinsurer's motion to compel its reinsured to produce certain documents that the reinsured contended were privileged (Michigan Millers Mutual Insurance Company v. Westport Insurance Corporation, No. 14-cv-00151, W.D. Mich.).

Mealey's Litigation Procedure - Shareholders Failed To Plead Scienter Against Officer, Auditor, Panel Rules

ATLANTA - A federal judge did not err in dismissing claims in a securities class action lawsuit against a company's executive officer and outside auditor because lead plaintiffs in the action failed to properly plead scienter, an 11th Circuit U.S. Court of Appeals panel ruled March 25 (Christopher...

Mealey's Litigation Procedure - Judge: Lead Plaintiff Properly Pleaded Elements Of Securities Law Claim

OAKLAND, Calif. - Dismissal of a securities class action lawsuit is not proper because the lead plaintiff has properly pleaded each of all elements of his federal securities law claims against an online social media game developer and certain of its officers and directors, a federal judge in California...

Mealey's Litigation Procedure - Judge: Investors Failed To Properly Plead Scienter Against Company's Officers

MINNEAPOLIS - Shareholders in a securities class action lawsuit have failed to plead scienter in making their federal securities law claims, a federal judge in Minnesota ruled March 25 in dismissing the shareholders' amended complaint (Rand-Hart of New York Inc., et al. v. James P. Dolan, et al....