LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge: New Hampshire C8 Contamination Case Belongs In Federal Court

CONCORD, N.H. - A federal judge in New Hampshire on Nov. 30 ruled that residents who contend that a company contaminated their drinking water with perfluorooctanoic acid (known as C8) did not satisfy the local-exception requirement to the Class Action Fairness Act (CAFA) and therefore were not entitled...

Mealey's Litigation Procedure - Judge Bars Expert Testimony, Grants Judgment On Fraud, Breach Of Warranty Claims

CLEVELAND - Having excluded an expert's testimony on a pest device based on an unreliable methodology, an Ohio federal judge on Nov. 29 granted summary judgment to the device's manufacturers on fraud and breach of warranty claims in a class action lawsuit (Jeanne Steigerwald, individually and...

Mealey's Litigation Procedure - Damages Expert Barred From Opining On Certain Damages In Agreement Dispute, Judge Says

NEW YORK - A damages expert is excluded from testifying on a credit card company's damages for additional issuing and acquiring opportunities from a termination of a deal with MasterCard International Inc., a New York federal judge ruled Nov. 29, also granting summary judgment in part to MasterCard...

Mealey's Litigation Procedure - Golden State Warriors Fan Defends Standing To Sue Team Over Eavesdropping App

SAN FRANCISCO - In a Dec. 1 brief opposing motions to dismiss her putative class action in California federal court against National Basketball Association team the Golden State Warriors, a plaintiff argues that she has sufficiently alleged a concrete injury under the Electronic Communications Privacy...

Mealey's Litigation Procedure - Policyholder Is Entitled To Limited Number Of Underwriting Files

BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 30 ruled that an insured is entitled to underwriting and claims files for a limited number of its London Market Insurers to determine if nonduplicative documents exists among the policies issued by the London Market Insurers to the insured...

Mealey's Litigation Procedure - Institutional Investor Group Appointed Lead Plaintiff In Securities Class Action

NEW YORK - A group of institutional investors has met all statutory requirements to serve as lead plaintiff in a securities class action against a real estate investment trust and several of its former executive officers and directors, a federal magistrate judge in New York ruled Nov. 29 (Westchester...

Mealey's Litigation Procedure - Supreme Court Declines To Hear Case On Good Faith Exception To Exclusionary Rule

WASHINGTON, D.C. - In its Dec. 5 order list, the U.S. Supreme Court denied certiorari for a case in which a man convicted of tax evasion, which was based on evidence obtained from a mirror image copy of his computer hard drives, had asked the court to consider whether the good-faith exception to the...

Mealey's Litigation Procedure - Judge Denies Exclusion Of Expert Testimony In Fraudulent Misrepresentation Lawsuit

HATTIESBURG, Miss. - A Mississippi federal judge on Nov. 30 declined to exclude expert testimony that will help support fraudulent inducement, fraudulent misrepresentation and negligent misrepresentation claims against a window manufacturer and its retail seller (Joan Cravens Inc. and Jason V. Smith...

Mealey's Litigation Procedure - Federal Judge Finds Seaman's Claims Related To Arbitration Provision

LAKE CHARLES, La. - A Louisiana federal judge on Nov. 30 adopted a report and recommendation that found that a ship employee's injury-related claims were subject to an arbitration agreement in his employment contract and refusing to remand the case to a state court (Ali Imam Shah v. Blue Wake Shipping...

Mealey's Litigation Procedure - Supreme Court Finds No Dismissal Mandate For False Claims Act Seal Violations

WASHINGTON, D.C. - In a unanimous ruling, the U.S. Supreme Court on Dec. 6 held that the False Claims Act (FCA) "does not enact so harsh a rule" as mandating dismissal of a relator's lawsuit under the act for a violation of the statute's requirement that the relator's complaint...

Mealey's Litigation Procedure - No Error In Admission Of Fingerprint Testimony In Criminal Case, Panel Finds

BOSTON - A trial judge did not err in admitting expert testimony concerning the absence of fingerprints on a gun that a jury found a defendant had possessed, the First Circuit U.S. Court of Appeals held Dec. 1, affirming a man's conviction of being a felon in possession of a firearm (United States...

Mealey's Litigation Procedure - Judge Excludes Surgeon From Testifying On Standard Of Care In Medical Malpractice Suit

ANCHORAGE, Alaska - In a medical malpractice case, an Alaska federal judge on Dec. 1 excluded a general and colorectal surgeon from testifying about the standard of care a patient received before and following his diagnosis of colon cancer because the surgeon's board certification in surgery does...

Mealey's Litigation Procedure - Judge Finds FDCPA Claim Against Debt Collector Was Adequately Pleaded

NEWARK, N.J.- A New Jersey federal judge on Dec. 5 refused to grant a motion filed by a debt collector to dismiss claims for violation of the Fair Debt Collection Practices Act (FDCPA), finding that she adequately pleaded her claims in relation to the instructions she was given on obtaining a verification...

Mealey's Litigation Procedure - ICSID Releases Caseload Statistics Focusing On South And East Asia

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Dec. 2 released new caseload statistics for south and east Asia and the Pacific (SEAP Region).

Mealey's Litigation Procedure - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy...

Mealey's Litigation Procedure - 7th Circuit Upholds Ruling That Student Athletes Are Not Employees

CHICAGO - A federal judge was correct when he ruled that student athletes are not employees of the universities where they play, the Seventh Circuit U.S. Court of Appeals ruled Dec. 5 (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 16-1558, 7th Cir.; 2016 U.S. App. LEXIS...

Mealey's Litigation Procedure - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement...

Mealey's Litigation Procedure - Federal Judge Bars Expert's Alternative Design Theory In Personal Injury Lawsuit

FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative...

Mealey's Litigation Procedure - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle...

Mealey's Litigation Procedure - ICSID Grants Dismissal For Indonesia, Orders Mining Company To Pay $9.4M

WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining...

Mealey's Litigation Procedure - Residents Seek Damages For Fracking Earthquakes In Oklahoma

STILLWATER, Okla. - A group of Oklahoma residents on Dec. 5 filed a putative class action lawsuit in state court against five energy companies contending that by disposing of fracking wastewater into the ground, the companies introduced contaminants into the natural environment that caused an adverse...

Mealey's Litigation Procedure - Investor Group Appointed Lead Plaintiff In Lipocine Securities Class Action

TRENTON, N.J. - A federal judge in New Jersey on Dec. 2 appointed an investor group as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers, ruling that the investor group has the largest financial stake in the litigation and meets...

Mealey's Litigation Procedure - Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says

NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that...

Mealey's Litigation Procedure - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company...

Mealey's Litigation Procedure - Judge Rejects Insureds Breach Of Contract Arguments In Bad Faith Suit

LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification...