LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Summons Issued On Supplement Seller's Petition To Confirm Chinese Award

CENTRAL ISLIP, N.Y. - A summons was issued on July 13 to a New York entity in relation to a Chinese company's recently filed petition to confirm a $575,922 arbitral award issued in its favor by a Chinese tribunal (Tianjin Port Free Trade Zone: International Trade Service Co., Ltd. v. Tiancheng Chempharm...

Mealey's Litigation Procedure - Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable

CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure"...

Mealey's Litigation Procedure - 9th Circuit Panel Remands ERISA Class Action Over Hourly Contributions

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on July 14 affirmed in part and reversed in part a Washington federal judge's judgment in favor of the plaintiffs in an Employee Retirement Income Security Act class action, saying that an issue regarding hourly contributions to a pension plan...

Mealey's Litigation Procedure - Reinsurer Declines To Oppose Insured's Motion To Intervene In Dispute Over $5M Claim

NEW YORK - A Brazilian reinsurer told a New York federal court on July 14 that it will not oppose a steel maker's request to intervene in an insurer's lawsuit seeking to require the reinsurer to cover a $5 million settlement with the insured under an arbitration award (National Indemnity Co....

Mealey's Litigation Procedure - Class UCL Suit Sent Back To California For Reconsideration Of Forum

TULSA, Okla. - An Oklahoma federal judge on July 14 sent a class complaint alleging unfair business practices back to California for reconsideration of a business contract's forum-selection clause, noting that the case presents an "extraordinary situation where a transfer order is clearly erroneous...

Mealey's Litigation Procedure - Split 5th Circuit Affirms Exclusion Of False Confession Testimony In Murder Case

NEW ORLEANS - A divided Fifth Circuit U.S. Court of Appeals panel on July 17 upheld the denial of federal habeas relief for a man convicted of killing a motorist who stopped to give him a ride, with the majority affirming several trial court rulings, including the exclusion of the defendant's expert...

Mealey's Litigation Procedure - 11th Circuit Finds Questions Of Venue Must Be Determined By Arbitrator

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 17 affirmed a district court's ruling to confirm an arbitral award issued in favor of a U.S. development company, finding that questions of arbitral venue are for an arbitrator to decide (Bamberger Rosenheim Ltd. v. OA Development Inc., No...

Mealey's Litigation Procedure - Bristol-Myers Squibb, Pfizer Cleared In Class Suit Over Unwanted Faxed Ads

ANN ARBOR, Mich. - A Michigan federal judge on July 17 cleared two drug companies of liability in a Telephone Consumer Protection Act (TCPA) suit for unwanted faxed advertisements sent by a third-party, finding that one company had no knowledge of the faxes and that the court lacked jurisdiction over...

Mealey's Litigation Procedure - Class Suing Over Cash For Overtime Is Certified By New York Federal Judge

NEW YORK - A New York federal judge on July 14 certified an employee class suing over improper payroll records and for being paid by check for up to 40 hours per week and by cash, but at their regular hourly wage, for any time worked above 40 and granted a motion to amend the complaint and dismiss named...

Mealey's Litigation Procedure - State Taxotere Class Denied By MDL Court Due To Individual Issues

NEW ORLEANS - A Louisiana federal judge on July 17 denied certification of a class of Louisiana women who permanently lost their hair after undergoing chemotherapy with Taxotere or docetaxel, agreeing with defendant Sanofi-Aventis U.S. LLC that individual issues predominate over common ones (In Re: Taxotere...

Mealey's Litigation Procedure - Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond

NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (In re: MF Global Holdings...

Mealey's Litigation Procedure - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose...

Mealey's Litigation Procedure - PCA Orders Russia To Pay $6.2M For Violations Of U.N. Convention

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on July 18 announced that it has issued an award on compensation in an arbitration commenced by the Netherlands against the Russian Federation in relation to the unauthorized seizure of a vessel, ordering Russia to pay the...

Mealey's Litigation Procedure - Government Seeks Review Of Order Denying Warrants For Email Search, Seizure

MONTGOMERY, Ala. - An Alabama federal magistrate judge erred in declining to issue warrants for the production of emails related to a tax fraud investigation, the U.S. government argues in a July 18 motion asking the court to review and vacate that decision, arguing that its warrant applications comported...

Mealey's Litigation Procedure - Judge: Cumulative Exposure, 'Every Exposure' Theories Are Equally Inadmissible

BALTIMORE - Expert testimony that asbestos "cumulates" in the body and leads to disease is indistinguishable from the theory that every exposure to asbestos leads to disease and is inadmissible under federal rules and Daubert v. Merrell Dow Pharm., Inc., a federal judge in Maryland held July...

Mealey's Litigation Procedure - 2nd Circuit Upholds Decision To Vacate $57M Malaysian Arbitral Award

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 20 affirmed a district court's decision to vacate its previous order confirming a $57 million arbitral award issued against the Government of The Lao People's Democratic Republic, finding that the lower court did not err when it...

Mealey's Litigation Procedure - Federal Judge Orders Production Of Reinsurers' General Ledger Info

ATLANTA - A Georgia federal judge on July 19 ordered the production of general ledger information from reinsurers in an insurer's case over alleged fraudulent transfers of reinsurance funds to avoid paying proceeds to the insurer (Canal Insurance Co., et al. v. Golden Isles Reinsurance Company Ltd...

Mealey's Litigation Procedure - Tribunal Orders Argentina To Pay Investors $324M For Airline Expropriation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 24 released its majority award in a treaty dispute over the expropriation of two airlines in the Argentine Republic, ordering Argentina to pay two investors $324,254,807 in damages and costs...

Mealey's Litigation Procedure - Non-Gmail Users Again Seek Approval Of Privacy Settlement With Google

SAN JOSE, Calif. - Four months after a prior proposed settlement with Google Inc. was rejected by a California federal judge, the lead plaintiffs in a putative class action alleging privacy violations in the scanning and processing of emails of non-Gmail users on July 21 submitted a revised proposed...

Mealey's Litigation Procedure - Centerra Says PCA Has Issued Interim Order In Arbitration With Kyrgyz

TORONTO, Ontario - A Canadian gold mining company on July 19 announced that an arbitrator with the Permanent Court of Arbitration (PCA) has issued an interim order in its case against the Kyrgyz Republic over a mining project.

Mealey's Litigation Procedure - Preemption Summary Judgment Denied In Xarelto Bellwether Trial; All Expert Stay In

NEW ORLEANS - The Louisiana federal judge overseeing the Xarelto multidistrict litigation on July 21 denied the defendant partial summary judgment in the third bellwether case on the basis of federal preemption and on the basis of design defect (In Re: Xarelto Products Liability Litigation, No. 14-md...

Mealey's Litigation Procedure - Trial Court Must Consider Substitute Class Rep In U.S. Marshal's Race-Bias Suit

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 21 directed the U.S. District Court for the District of Columbia to consider motions to substitute absent class members as named plaintiffs in a racial discrimination suit brought on behalf of a class of black deputy...

Mealey's Litigation Procedure - Pennsylvania Federal Judge Decertifies Class, Dismisses Health Aides' Wage Claims

PHILADELPHIA - A Pennsylvania federal judge on July 21 decertified a conditionally certified collective action class and granted an employer's motion for summary judgment in a suit filed by a health aide who alleged that she and other similarly situated workers were denied timely wage payments (Markisha...

Mealey's Litigation Procedure - Pella MDL Judge Refuses To Deny Certification In Remaining Class Actions

CHARLESTON, S.C. - The federal judge in South Carolina overseeing litigation stemming from two models of Pella Corp. windows that are allegedly defective denied the manufacturer's request to deny certification in all remaining class action suits in the multidistrict litigation on July 21, holding...

Mealey's Litigation Procedure - Partial Dismissals Granted In Union's Average Wholesale Drug Price Class Action

PHILADELPHIA - A Pennsylvania federal judge on July 24 granted in part and denied in part motions by several generic drug companies to dismiss claims by a union health fund that they inflated their average wholesale prices (AWPs), costing the union money while providing a "spread" to pharmacies...