LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class Certification Partly Granted In Privacy Suit Over Apple Device Contacts

SAN FRANCISCO - Although a California federal judge on July 15 found the primary proposed class in a dispute over the purported unauthorized sharing of users' address book information to be too broad to support class certification, he granted certification of a subclass of users of Apple Inc.'s...

Mealey's Litigation Procedure - Federal Magistrate Judge Excludes Partial Expert Testimony In Admiralty Suit

CHICAGO - In an admiralty case, an Illinois federal magistrate judge on July 14 excluded an expert from testifying that boat captains could have requested that gates again be closed as they were approaching the protection cells (In the matter of the complaint of Ingram Barge Co. as owner of the M/V Dale...

Mealey's Litigation Procedure - Pennsylvania Federal Judge: Employee Waived Class Claims In Severance Agreement

PITTSBURGH - A Pennsylvania federal judge on July 14 granted summary judgment in favor of an employer in a wage-and-hour class complaint filed by a former employee finding that employee's severance agreement included a bar on participation in a class or collective action (Jonathan Kubischta, et al...

Mealey's Litigation Procedure - California Appellate Panel Reverses Approval Of Weight Loss Pills Settlement

SAN DIEGO - A Fourth District California Court of Appeal, Division One, panel in an order published July 15 reversed a superior court's approval of a class settlement in a case over supplements that allegedly provide weight loss benefits, finding that the online claim form misstated the settlement...

Mealey's Litigation Procedure - ICSID Establishes Procedures For Discovery Case Filed Against Costa Rica

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 14 released its order in an arbitration commenced by a group of investors against the Republic of Costa Rica, establishing procedures for the production of documents in the case (David R....

Mealey's Litigation Procedure - 2nd Circuit Says Court Did Not Err In Decertifying Class Of Borrowers

NEW YORK - The Second Circuit U.S. Court of Appeals on July 15 affirmed a district court's decision to decertify a class of claimants that asserted a claim for breach of contract against lenders in relation to alleged late fees, finding that it had the authority to decertify the class after a jury...

Mealey's Litigation Procedure - Yahoo, Message Recipient Debate Article III Standing In TCPA Class Action

CHICAGO - Yahoo Inc. and the lead plaintiff in a lawsuit brought under the Telephone Consumer Protection Act (TCPA) filed simultaneous briefs in Illinois federal court July 15, debating whether the plaintiff had sufficiently pleaded damages to establish standing under Article III of the U.S. Constitution...

Mealey's Litigation Procedure - Class Seeks Preliminary Approval For Antivirus Auto-Renewal Suit Settlement

SAN JOSE, Calif. - The plaintiffs in two putative class actions against antivirus software designer McAfee Inc. filed a motion in California federal court on July 14, seeking preliminary approval of a settlement of their claims related to the auto-renewal program associated with subscriptions for the...

Mealey's Litigation Procedure - Company Tells 3rd Circuit Dismissal Of Injury Claims Against It Was Proper

PHILADELPHIA - A power company that was sued by a group of Pennsylvania residents who contend that it is liable for their injuries, including cancer, that stem from exposure to radioactive materials filed a brief in the Third Circuit U.S. Court of Appeals on July 15, arguing that it should let stand...

Mealey's Litigation Procedure - ICSID Dismisses Renco's Treaty Claims Against Peru For Lack Of Jurisdiction

PARIS - After determining that the Renco Group Inc. failed to establish that the Republic of Peru consented to arbitration under a treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 19 released its award dismissing all of the group's claims against...

Mealey's Litigation Procedure - 10th Circuit Affirms Denial Of Petition To Confirm $1.6 Million Award

DENVER - The 10th Circuit U.S. Court of Appeals on July 19 affirmed dismissal of a Chinese company's petition to confirm an arbitral award issued in its favor, finding that the other party did not receive sufficient notice of the arbitration in China, rendering the arbitration invalid under the Convention...

Mealey's Litigation Procedure - No Error In Exclusion Of Testimony On Profile Of Sex Abuser, Panel Affirms

BOSTON - A trial court did not err in excluding expert testimony that a defendant's personality was inconsistent with the profile of a sex abuser, a Massachusetts appeals panel ruled July 15 (Commonwealth v. Ryan Coates, No. 14-P-1547, Mass. App.; 2016 Mass. App. LEXIS 86).

Mealey's Litigation Procedure - ICSID Declares Its Exclusive Jurisdiction Over Cases Against Bangladesh

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 20 released a declarative decision, stating that tribunals appointed in an investment dispute filed by a resource company against the People's Republic of Bangladesh and others have exclusive...

Mealey's Litigation Procedure - Widow: Shipyard Contractor's Shifting Position On Evidence Constitutes 'Fraud'

LOS ANGELES - A defendant's "befuddlement" over the conclusion that it destroyed evidence ignores the differing stories the defendant told throughout the litigation, a widow told a federal judge in California July 18 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif....

Mealey's Litigation Procedure - Judge Grants Preliminary Approval Of $23.5M Securities Class Action Settlement

SAN FRANCISCO - A federal judge in California on July 18 granted preliminary approval of a $23.5 million settlement between shareholders and a semiconductor company and others in a securities class action lawsuit, appointing shareholders as class counsel and approving the proposed settlement class (Keith...

Mealey's Litigation Procedure - D.C. Circuit Deems DOJ's 'Blue Book' Not Discoverable Under FOIA As Work Product

WASHINGTON, D.C. - A discovery guide created by the U.S. Department of Justice and used by federal prosecutors qualifies as attorney work product, a District of Columbia U.S. Court of Appeals panel ruled July 19, affirming a trial court's finding that the DOJ did not need to produce the manual in...

Mealey's Litigation Procedure - 7th Circuit Partly Affirms Discovery Sanctions Against Attorney In File-Sharing Suit

CHICAGO - In a July 19 ruling, a Seventh Circuit U.S. Court of Appeals panel affirmed discovery sanctions against an attorney in a "porno-trolling collective" for what it called egregious and obstructive behavior in failing to comply with a trial court's sanctions awards against it in the...

Mealey's Litigation Procedure - 10th Circuit: Causation Testimony Reliable For Insurance Collision Suit

DENVER - A trial court properly allowed expert testimony on causation in an insurance coverage dispute over injuries suffered in an auto collision, the 10th Circuit U.S. Court of Appeals held July 19, affirming that the insured presented evidence that a reasonable jury could find that his claim for benefits...

Mealey's Litigation Procedure - Ohio Appeals Panel Majority Says No Error In Admission Of Medical Malpractice Testimony

WARREN, Ohio - A trial court did not err in allowing expert testimony as to causation for an injury to the femoral nerve in a medical malpractice lawsuit, a majority of an Ohio appeals panel ruled July 18 (Jane L. Gordon v. Trumbull Memorial Hospital c/o National Registered Agents, Inc., et al., No....

Mealey's Litigation Procedure - 8th Circuit: Federal Court Must Consider St. Louis Rams' Post-Removal Evidence

ST. LOUIS - A district court erred when it refused to reconsider post-removal evidence filed by the St. Louis Rams LLC and other associated entities (collectively, Rams) before ruling that a class complaint accusing the defendants of violating the Missouri Merchandising Practices Act in connection with...

Mealey's Litigation Procedure - Art Historian May Testify To Market Value Of Work, Illinois Federal Judge Finds

CHICAGO - An art historian may opine that if a signature were authenticated, the market value for a piece of art would be between $6 million and $8 million, an Illinois federal judge ruled July 21, declining to exclude the historian's testimony (Robert Fletcher and Bartlow Gallery Ltd. v. Peter Doig...

Mealey's Litigation Procedure - Judge Grants Leave To Amend Cause Of Action In Petition To Confirm

SAN JOSE, Calif. - A California federal judge on July 20 dismissed a petition to confirm an arbitral award, finding that the claimant invoked the wrong cause of action, but granted him leave to refile to properly invoke 9 U.S. Code Section 207 (Xiangkai Xu v. China Sunergy [US] Clean Tech Inc., et al...

Mealey's Litigation Procedure - Judge Refuses To Remand Case, Finds Arbitration Clause Could Provide Defense

DALLAS - After finding that it is possible that an arbitration clause falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards could provide a defense to claims asserted by two entities against former employees, a Texas federal judge on July 21 refused to remand the...

Mealey's Litigation Procedure - 9th Circuit Affirms Pandora Privacy Suit Dismissal Per Michigan High Court Ruling

SAN FRANCISCO - Two weeks after the Michigan Supreme Court determined that the lead plaintiff in a putative class action against Pandora Media Inc. did not constitute a customer of Pandora's online streaming service per Michigan's Video Rental Privacy Act (VRPA), a Ninth Circuit U.S. Court of...

Mealey's Litigation Procedure - Drug Maker Agrees To Pay $95M To Settle Federal Securities Law Claims

LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities...