LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Finds Purchasers Failed To Show Teething Tablets Do Not Work

LOS ANGELES - A California federal judge on Aug. 16 found that claims for violation of California's unfair competition law (UCL) and for false advertising asserted by purchasers of homeopathic teething tablets and other products failed because the purchasers did not show by a preponderance of the...

Mealey's Litigation Procedure - 9th Circuit Affirms Dismissal Of NuBone California Class Action

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 affirmed dismissal of a NuBone bone putty class action complaint, saying the plaintiff failed to prove there was a contract between him and manufacturer Globus Medical Inc. and negligence per se is not a recognized independent claim under...

Mealey's Litigation Procedure - 2nd Circuit Denies Hearing On Motion To Certify Questions About Chemical Leak

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Aug. 15 denied an en banc hearing to a class of plaintiffs who sought to certify state law questions related to their allegations that they suffered personal injuries from exposure to fugitive chemicals from Union Carbide Corp.'s ...

Mealey's Litigation Procedure - DEA's Subpoena Of Hotmail Account Did Not Violate 4th Amendment, 7th Circuit Rules

CHICAGO - The U.S. Drug Enforcement Agency (DEA) did not violate the Fourth Amendment to the U.S. Constitution in issuing subpoenas on a man's email provider and Internet service provider (ISP) because he had no expectation of privacy in his computer's Internet protocol (IP) address, a Seventh...

Mealey's Litigation Procedure - Class Certification Denied In Suit Alleging Thermostat Didn't Perform As Promised

SAN JOSE, Calif. - A Maryland man who claims that the Nest Learning Thermostat (NLT) didn't live up to claims that it would help him save on energy costs failed to satisfy the commonality, typicality, adequacy or predominance requirements, a California federal judge ruled Aug. 15, denying the consumer's...

Mealey's Litigation Procedure - Judge Finds Amount-In- Controversy Requirement Not Met, Remands UCL Claims

FRESNO, Calif. - After finding that an employer's calculation of the amount in controversy in a class action filed in relation to wage claims was speculative, a Califronia federal judge on Aug. 16 granted a former employee's motion to remand his claims for violation of California labor laws and...

Mealey's Litigation Procedure - Judge Refuses To Dismiss Class Claims Related To Labels On Dairy Beverages

SAN FRANCISCO - A California federal judge on Aug. 16 refused to dismiss a consumer's class action claims for violation of California's unfair completion law (UCL) and other causes of action in relation to allegedly misleading labels on probiotic dairy beverages, denying the manufacturer's...

Mealey's Litigation Procedure - California Federal Judge Says McDonald's Corp. Isn't Joint Employer Of Bay Area Workers

SAN FRANCISCO - A California federal judge on Aug. 16 granted partial summary judgment to McDonald's Corp. in a wage-and-hour putative class action brought by a franchisee's workers, finding that McDonald's does not jointly employ the named plaintiffs because it does not retain or exert direct...

Mealey's Litigation Procedure - Judge Bars Medicine Specialist From Opining On Link Between Emotional Distress, Medications

KANSAS CITY, Kan. - An internal medicine specialist may not offer testimony on how a woman's emotional distress could be linked to medications she was taking at the time of alleged sexual harassment during her employment at Pittsburg State University (PSU), a Kansas federal judge ruled Aug. 17 (Martha...

Mealey's Litigation Procedure - Ashley Madison Operator Calls Data Breach Plaintiffs' Discovery Requests Too Broad

ST. LOUIS - Opposing a motion to compel discovery by the plaintiffs in a putative class action over the 2015 hacking of the Ashley Madison website, the site's operator on Aug. 16 told a Missouri federal court that it already produced everything that falls "within the scope of the 'limited...

Mealey's Litigation Procedure - Judge Orders Interrogatory Of Clinton In FOIA Suit Involving Private Email Use

WASHINGTON, D.C. - A District of Columbia federal judge on Aug. 19 found that a public interest group sufficiently demonstrated that former Secretary of State (SOS) Hillary Clinton has unique firsthand knowledge as to the creation and use of the private email server clintonemail.com to justify the presidential...

Mealey's Litigation Procedure - $100 Million Uber Settlement Denied Preliminary Approval Again, Despite More Info

SAN FRANCISCO - A California federal judge on Aug. 18 denied preliminary approval for a second time of a $100 million settlement between Uber Technologies Inc. and its drivers, who allege in two lawsuits that they have been misclassified as independent contractors, finding that, despite supplemental...

Mealey's Litigation Procedure - Judge Bars ACA Testimony; Jury Awards Defense Verdict In Medical Negligence Case

HARRISBURG, Pa. - A federal jury in Pennsylvania on Aug. 19 found no negligence in a doctor's failure to properly diagnose and treat a woman's herpes zoster virus after a judge ruled that the jury would not hear testimony regarding the potential availability of Patient Protection and Affordable...

Mealey's Litigation Procedure - California Federal Judge Certifies Nike Employee Waiting Time Class

SAN JOSE, Calif. - A California federal judge on Aug. 19 certified a class of Nike Retail Services Inc. workers suing for wages for time spent waiting for and during inspections following their shifts (Isaac Rodriguez v. Nike Retail Services, Inc., No. 14-1508, N.D. Calif.; 2016 U.S. Dist. LEXIS 110961...

Mealey's Litigation Procedure - Nickelodeon Privacy Plaintiffs Oppose Viacom's Summary Judgment Plan On Remand

NEWARK, N.J. - The plaintiffs in a privacy class action against Viacom Inc. and Google Inc. filed a letter in New Jersey federal court Aug. 19, taking issue with Viacom's efforts to file a prediscovery summary judgment motion to dispose of the remaining intrusion upon seclusion claim that was recently...

Mealey's Litigation Procedure - Wahlburgers' Employees File A Class Complaint, Allege Wage Theft

NEW YORK - Five employees of a celebrity-owned hamburger chain filed a class complaint on Aug. 18 in a New York federal court, accusing Wahlburgers Franchising LLC and several franchisees of failing to pay them minimum wages and overtime and withholding tips (Shakeiya Burnett, et al. v. Wahlburgers Franchising...

Mealey's Litigation Procedure - PCA To Hold Hearing In Maritime Case Between Timor-Leste And Australia

THE HAGUE, Netherlands - A commission for the Permanent Court of Arbitration (PCA) on Aug. 22 said it will hold the opening session in a conciliation case filed by the Democratic Republic of Timor-Leste and the Commonwealth of Australia in relation to a maritime boundary dispute (Arbitration under the...

Mealey's Litigation Procedure - Citing A Lack Of Damages, Lenovo Opposes Certification In Laptop Spyware Suit

SAN JOSE, Calif. - In an Aug. 19 brief opposing class certification in a suit over purported spyware that was preinstalled on computers, Lenovo (United States) Inc. told a California federal court that the case is "about a theoretical software security vulnerability that never materialized,"...

Mealey's Litigation Procedure - Only 3 Documents Sought By Insured Must Be Produced, Illinois Federal Judge Says

CHICAGO - An Illinois federal judge on Aug. 18 determined that three of 21 documents sought by an insured in an environmental contamination and chemical exposure coverage lawsuit are not privileged materials and must be produced by the insurer (Velsicol Chemical LLC v. Westchester Fire Insurance Co....

Mealey's Litigation Procedure - Appeals Court Grants Dismissal Of Asbestos-Related Reinsurer Arbitration Row

NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 19 granted the stipulation of dismissal of an appeal between parties to an asbestos personal injury related reinsurance arbitration dispute (Arrowood Indemnity Co. v. Equitas Insurance Limited, et al., No. 15-2756, 2nd Cir.).

Mealey's Litigation Procedure - Split 9th Circuit: Employer May Not Bar Concerted Employee Legal Actions

SAN FRANCISCO - An employer may not condition employment on the requirement that an employee sign an agreement barring employees from coming together to file legal action over work-related claims, a divided Ninth Circuit U.S. Court of Appeals panel ruled Aug. 22, finding that the clause violates National...

Mealey's Litigation Procedure - Class Certification Denied By California Federal Judge In Unsolicited Fax Suit

SAN FRANCISCO - A California federal judge on Aug. 22 denied a motion for class certification filed by the plaintiff in a complaint over alleged unsolicited faxes and, in the same order, denied a motion for stay filed by the defendants as moot (True Health Chiropractic Inc., et al. v. McKesson Corporation...

Mealey's Litigation Procedure - Motions To Compel Arbitration, Remand Filed In Snapchat Biometrics Suit

LOS ANGELES - In an Aug. 22 motion to compel arbitration filed in California federal court, Snapchat Inc. says that the lead plaintiffs in a putative class action brought under Illinois' Biometric Information Privacy Act (BIPA) are bound to arbitrate their dispute with the social network provider...

Mealey's Litigation Procedure - Insurer: Prospective Intervenor Should Not Be Allowed Into Arbitration Suit

NEW YORK - An insurer filed its opposition to a motion to intervene in a reinsurance arbitration dispute in a federal court in New York on Aug. 23, arguing that granting the intervention would undermine the purpose of arbitrating instead of litigating the underlying claims (Certain Underwriting Members...

Mealey's Litigation Procedure - Insurer: Nonparty Should Not Be Allowed To Intervene In Reinsurance Case

SYRACUSE, N.Y. - An insurer told a federal court in New York on Aug. 19 that another insurer has no right to intervene in a reinsurance dispute with the intention of challenging a motion to seal certain discovery documents (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv...