LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action

ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other...

Mealey's Litigation Procedure - Ogletree Attorney Seeks More Than $300 Million In Equal Pay Act Class Lawsuit

SAN FRANCISCO - Ogletree, Deakins, Nash, Smoak & Stewart favors men in pay, promotions and other opportunities, and leadership fosters an environment where women are marginalized and demeaned, one female attorney and nonequity shareholder of the firm alleges in her class and collective action complaint...

Mealey's Litigation Procedure - Woman Who Kept Girls As Slaves Fails In Attack On 'Trauma Bond' Testimony

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 affirmed the guilty verdicts and six-year prison sentence for a woman who kept illegal Mexicans in her home, where she abused them and forced them to perform slave labor, after finding that the trial court did not abuse its discretion in...

Mealey's Litigation Procedure - Parties Settle Dispute Over $18M ICC Award Issued Over Tunnel Excavation Claims

MIAMI - A Florida federal judge on Jan. 12 granted a joint motion to dismiss a petition to vacate and a cross-petition to confirm a $18,068,685 international arbitral award issued in a dispute over a contract for the excavation of tunnels as part of a project for the construction of a hydroelectric plant...

Mealey's Litigation Procedure - N.J. Federal Judge Sends FACTA Receipt Class Suit Back To Illinois State Court

NEWARK, N.J. - A New Jersey federal judge on Jan. 11 adopted a federal magistrate judge's recommendations and sent a class complaint alleging that the printing of more than five digits of credit card numbers on receipts violated the Fair and Accurate Credit Transactions Act (FACTA) amendment to the...

Mealey's Litigation Procedure - Domino's Franchisor Hit With Class Suit By Delivery Driver For Reimbursements

DENVER - A Domino's Pizza franchisor employs a flawed method to determine its per-trip reimbursement rate for its delivery drivers, causing their wages to fall below minimum wage during some or all workweeks, a former driver alleges in her class complaint filed Jan. 15 in the U.S. District Court...

Mealey's Litigation Procedure - Earnings Call Statements Not Protected By Safe Harbor Provision, Judge Rules

NEWARK, N.J. - Statements made by defendants in a securities class action lawsuit against a pet food company and certain of its executive officers in 2015 investor earnings calls were not forward-looking or protected by the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA...

Mealey's Litigation Procedure - Parties Agree To $110M Accounting Fraud Class Action Settlement

NEW YORK - A data and metrics provider for the media, advertising and marketing industries will pay $110 million to settle claims that it and certain of its current and former officers and directors violated federal securities law by engaging in a massive accounting fraud, lead plaintiffs claim in a...

Mealey's Litigation Procedure - Securities Suit Remanded For Proper Application Of Basic Reliance Standard

NEW YORK - It is unclear whether a federal district court properly applied the correct standard in determining that defendants in a securities class action lawsuit failed to properly rebut the presumption of reliance by a preponderance of the evidence as required pursuant to the U.S. Supreme Court's...

Mealey's Litigation Procedure - Aetna Will Pay $17 Million To End Privacy Class Suit By HIV Patients

PHILADELPHIA - Aetna Inc. and related entities (Aetna, collectively) have agreed to pay $17,161,200 to settle privacy claims by more than 13,400 class members whose HIV status was revealed by the insurer through an indiscreet mailing, according to a motion for preliminary approval of a class action settlement...

Mealey's Litigation Procedure - Magistrate Strikes Some Expert Testimony In Ticket Sales Patent License Row

MARSHALL, Texas - A Texas federal magistrate judge on Jan. 17 granted in part a motion by a patent holder to exclude testimony from a ticket distributor's computer-programming expert in a dispute over a license agreement, ruling that the expert cannot offer opinions about a key term in the agreement...

Mealey's Litigation Procedure -Nursing Home Network Alleges HFS Director Failed To Provide Medicaid Benefits

CHICAGO - A network of nursing home facilities on Jan. 12 filed a class action complaint in an Illinois federal court on behalf of nursing home residents who filed applications for Medicaid benefits, arguing that the director of the Illinois Department of Healthcare and Family Services (HFS) failed to...

Mealey's Litigation Procedure - Residents: Company Should Be Compelled To Produce Expert's Documents In Water Case

GREENVILLE, Miss. - Mississippi residents who sued a company alleging that it is liable for groundwater contamination filed a brief in Mississippi federal court on Jan. 16 seeking to compel the production of documents related to expert testimony (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16...

Mealey's Litigation Procedure - Temporary Restraining Order Bars Communication With Class In Wage-And-Hour Suit

SAN DIEGO - A California federal judge on Jan. 17 granted a motion for a temporary restraining order (TRO) barring the defendants' counsel in a wage-and-hour suit from contacting potential class members, finding that there could be irreparable harm (Tyrell Glass, et al. v. FMM Enterprises, Inc.,...

Mealey's Litigation Procedure - Company: Chemical Injury Claims Barred By Statute Of Limitations

NEW YORK - A chemical company filed a brief in New York federal court on Jan. 16 arguing that the district court should reconsider its ruling that determined that personal injury claims related to chemical exposure allegedly suffered on banana plantations were not barred by the statute of limitations...

Mealey's Litigation Procedure - U.S. Supreme Court Denies Follow-Up Certiorari In Spokeo

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 22 denied a petition for certiorari filed by an online data aggregator seeking review of a follow-up question related to standing under Article III of the U.S. Constitution that it claimed was not resolved in a 2016 ruling by the Supreme Court in the...

Mealey's Litigation Procedure - Sheppard Mullin, Saudi Arabia-Based Firm Agree To Work As Team

LOS ANGELES - Sheppard, Mullin, Richter & Hampton on Jan. 19 announced that it has entered into a cooperative agreement with a law firm in Saudi Arabia.

Mealey's Litigation Procedure - Blank Rome Hires Complex Business Dispute Partner In Pittsburgh

PITTSBURGH - Blank Rome on Jan. 18 announced that a new partner has joined its commercial litigation group in Pittsburgh.

Mealey's Litigation Procedure - Parties Debate Class Action Status At Delaware High Court In Chemical Injury Case

DOVER, Del. - Attorneys for two chemical companies and those representing a class of plaintiffs on Jan. 17 debated before the Delaware Supreme Court the question of whether a long-standing class action related to alleged injuries from chemical exposure on banana plantations was still active (Luis Antonio...

Mealey's Litigation Procedure - Ruling Over Discovery Scope In DACA Suit Delayed Pending Negotiations

SAN FRANCISCO - Noting a request for additional negotiation time by a group of plaintiffs opposing rescission of the Deferred Action for Childhood Arrivals (DACA) program, a California federal judge on Jan. 22 allowed the plaintiffs and the U.S. government to take several days to try to agree on potential...

Mealey's Litigation Procedure - Judge Grants PETA's Request For Sanctions For Untimely Discovery

TAMPA, Fla. - After a zoo and its owners failed to submit timely discovery responses in relation to allegations that they violated the Endangered Species Act (ESA), a Florida federal judge on Jan. 19 partially granted a motion filed by the People for Ethical Treatment of Animals Inc. (PETA) for sanctions...

Mealey's Litigation Procedure - Facebook IPO Class Action Barred By Professional Services Exclusion, Panel Affirms

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 22 held that a directors and officers (D&O) liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit, affirming a lower court's ruling...

Mealey's Litigation Procedure - McDonald's Argues That It's Not A Joint Employer Of Franchisees' Workers

SAN FRANCISCO - McDonald's Corp. and McDonald's U.S.A. LLC (collectively, McDonald's) are not joint employers under California's wage-and-hour law as they don't meet any one of the three tests sent out in Martinez v. Combs, 231 P.3d 259 (Cal. 2010), McDonald's argues in its appellee...

Mealey's Litigation Procedure - Magistrate Judge Partially Grants Motion To Compel In Lead Paint Coverage Suit

BALTIMORE - A Maryland federal magistrate judge on Jan. 19 determined that an insurer is required to produce documents related to its knowledge of any lead paint conditions at its insured's buildings prior to the date on which the insured's insurance application and endorsement became effective...

Mealey's Litigation Procedure - 4th Circuit Won't Enforce Arbitration Agreements Signed After Class Suit Was Filed

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 18 declined to enforce arbitration agreements distributed by a gentlemen's club to its exotic dancers after a wage-and-hour class complaint was already filed (Alexis Degidio, et al. v. Crazy Horse Saloon and Restaurant Inc., et...