LexisNexis® Legal Newsroom
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...

Mealey's Litigation Procedure - Federal Judge Allows Expert Testimony On Project Survey, Alleged Improper Plans

WASHINGTON, D.C. - A federal claims judge on July 21 allowed expert testimony on the topographical survey for a project showing that it was incomplete and that the project plans and specifications were improperly copied from a prior project (Magnus Pacific Corp. v. The United States, No. 13-859 C, Fed...

Mealey's Litigation Procedure - Accidental Pistol Discharge Class Suit Is Settled For Millions

MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them...

Mealey's Litigation Procedure - Reporter's Motion To Compel Early Disclosure Of DNC Finance Records Denied

PHILADELPHIA - Finding that the Federal Election Campaign Act (FECA) governs the timing for public release of finance records for the July 2016 Democratic National Convention (DNC), a Pennsylvania judge on July 25 denied a reporter's motion to compel early disclosure of the records, finding Pennsylvania's...

Mealey's Litigation Procedure - California Federal Judge Dismisses Class Suit Alleging Inflated Outlet Prices

SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371...

Mealey's Litigation Procedure - Judge Enforces FAA's Investigatory Subpoenas On Weaponized Drone Owners

NEW HAVEN, Conn. -

Mealey's Litigation Procedure - Judge Permits Testimony On Use Of Scaffolding In Work Negligence Lawsuit

NEW ORLEANS - An expert may testify that a scaffolding should have been erected to provide workers a safe platform to work from as they attempted to catch leaking oil from a pipe, a Louisiana federal judge ruled July 21, finding that he will be in a better position at trial to assess whether the expert...

Mealey's Litigation Procedure - Company Alleging Ownership Of Insurer Moves To Intervene In Reinsurance Dispute

NEW YORK - A company claiming to be the owner of an insurer being sued by Certain Underwriting Members at Lloyd's, London over an arbitration award moved to intervene in the proceedings in a federal court in New York on July 22 (Certain Underwriting Members at Lloyd's, London Subscribing to Treaty...

Mealey's Litigation Procedure - Lenovo Laptop Purchasers Seek Certification Of Fraud, Privacy Claims Over Adware

SAN JOSE, Calif. - A group of consumers who purchased laptops that were preinstalled with purported malware filed a motion for class certification in California federal court on July 22 of their unlawful access, consumer protection and related claims against the computer manufacturer and the software...

Mealey's Litigation Procedure - Judge Permits Experts To Opine On Heat Age Testing In Patent Infringement Suit

MINNEAPOLIS - Experts may testify on heat age testing using the "dome" method and opinions relying on certain indirect evidence in a patent infringement lawsuit, a Minnesota federal judge ruled July 22, also denying summary judgment to defendants on claims of noninfringement, invalidity and...

Mealey's Litigation Procedure - ICSID Denies Venezuela's 6th Challenge To Arbitrator In Treaty Dispute

WASHINGTON, D.C. - After finding that Venezuela submitted no new information in its sixth proposal to disqualify and arbitrator, two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 26 denied its request to disqualify the arbitrator in the case...

Mealey's Litigation Procedure - California Federal Judge Refuses To Decertify Class In Rounding Time Suit

SAN DIEGO - A California federal judge on July 25 denied a motion to decertify a class of workers suing over their employer's rounding practices based on a recent decision by the Ninth Circuit U.S. Court of Appeals in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership (821 F.3d 1069...

Mealey's Litigation Procedure - California Federal Judge: Employee Info Theft Class Suit Belongs In Federal Court

RIVERSIDE, Calif. - A California federal judge on July 25 denied a motion to remand a class complaint over the disclosure of employee information to a scammer, finding that the amount in controversy exceeds the minimum necessary for removal pursuant to the Class Action Fairness Act (CAFA) (Beverly Porras...

Mealey's Litigation Procedure - Investors Notify Romania Of Potential Arbitration Over Asset Seizures

BUCHAREST, Romania - Two investors on July 27 said they have sent a notice of investment arbitration to the government of Romania in relation to the seizure of assets of its Romanian subsidiaries by the government.

Mealey's Litigation Procedure - Securities Class Action Filings Well Above Historical Average, Report Shows

BOSTON - Federal securities class action filings climbed to higher than historical averages in the first half of 2016, up 27 percent from the semiannual average observed between 1997 and 2015, according to a semiannual report released July 26 by economic and financial consulting firm Cornerstone Research...

Mealey's Litigation Procedure - Alleged Misstatements Were Forward-Looking, Nonactionable, Judge Rules

SANTA ANA, Calif. - Dismissal of claims in a securities class action lawsuit is proper because alleged false and misleading statements made by a quick-service restaurant chain, several of its executive officers and directors and others in a 2015 press release were forward-looking and protected under...

Mealey's Litigation Procedure - Investors Appeal Dismissal Of Claims In Securities Class Action To 2nd Circuit

NEW YORK - Shareholders on July 25 filed a notice of appeal in a securities class action lawsuit against a pharmaceutical company and its former CEO, seeking Second Circuit U.S. Court of Appeals review of a federal judge's ruling dismissing the action for failure to plead an actionable misrepresentation...

Mealey's Litigation Procedure - D.C. Circuit: Trial Court Lacks Jurisdiction Over ZIP Code Collection Suit

WASHINGTON, D.C. - A district court had no jurisdiction to rule on a class complaint filed by two consumers accusing two retailers of violating District of Columbia consumer protection laws when they requested customers' ZIP codes in connection with credit card purchases, the District of Columbia...

Mealey's Litigation Procedure - Tata Issues Response To Ex Parte Order, Says It Will Pay $1.17 Billion Award

MUMBAI, India - An Indian telecommunications company on July 28 issued a statement in response to a recent order issued by an English court in relation to the payment of a $1.17 billion arbitral award issued against it for breach of a shareholders agreement.

Mealey's Litigation Procedure - Judge Finds Class Claims Can Proceed Against Kate Spade For False Advertising

SAN FRANCISCO - After finding that a group of consumers who allege that a designer makes inferior quality products for its outlets stores and advertises them as being boutique quality pleaded their class action claims with the required particularity, a California federal judge on July 26 refused to dismiss...

Mealey's Litigation Procedure - Judge: Investors Pleaded Falsity, Scienter In Making Securities Law Claims

BROOKLYN, N.Y. - Dismissal of an amended complaint in a securities class action lawsuit is not proper because the lead plaintiffs have pleaded falsity, materiality and scienter in making their federal securities law claims by arguing that a research manufacturing company and certain of its current and...

Mealey's Litigation Procedure - Mirena IUD Judge Rejects Alternative Causation Claims, Dismisses All 1,377 Cases

WHITE PLAINS, N.Y. - A New York federal judge on July 28 granted summary judgment and dismissed all 1,377 Mirena intrauterine device (IUD) multidistrict litigation cases, saying the plaintiffs cannot prove without an expert that the device can move about the body after insertion and that the plaintiffs...