LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ICC Amends Practice Note On Conduct Of International Arbitration

NEW YORK - The International Chamber of Commerce (ICC) on Sept. 22 said it has amended its practice note provided to parties and arbitral tribunals on the conduct of arbitration.

Mealey's Litigation Procedure - Split 3rd Circuit Affirms Class Certification In Case Against Jani-King

PHILADELPHIA - A split Third Circuit U.S. Court of Appeals panel on Sept. 21 affirmed that a Pennsylvania federal judge properly certified a class of franchisees suing one of the largest commercial cleaning franchisors over their employment classification, saying the claims in this case are "susceptible...

Mealey's Litigation Procedure - Drug Agent's Testimony On Code Language Was Properly Allowed, 11th Circuit Finds

ATLANTA - A special drug agent's testimony regarding the fact that drug dealers use coded language was lay testimony that was properly allowed, the 11th Circuit U.S. Court of Appeals ruled Sept. 21, upholding a man's conviction for one count of conspiracy to distribute cocaine and one count of...

Mealey's Litigation Procedure - Magistrate Judge Excludes Gastroenterologist's Opinion On Psychiatric Standard Of Care

NEW YORK - A gastroenterologist may testify regarding an incarcerated woman's standard of care to support negligence and medical malpractice claims, a New York federal magistrate judge ruled Sept. 21; however, the gastroenterologist may not testify as to the standard of psychiatric care or postoperative...

Mealey's Litigation Procedure - $500,000 Wage Settlement By Hair Club For Men Granted Partial Approval

SAN FRANCISCO - A California federal judge on Sept. 22 granted final approval of a $500,000 settlement to be paid by Hair Club for Men LLC to settle employees' wage claims; however, the judge denied a request for incentive awards for the two named plaintiffs and awarded amounts for attorney fees...

Mealey's Litigation Procedure - 3rd Circuit Vacates Dismissal, Class Certification Rulings In Deportation Suit

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Sept. 22 vacated a trial court's partial dismissal and denial of class certification rulings issued in a lawsuit by foreign nationals who claim that attempts to deport them following criminal convictions are unconstitutional (Garfield...

Mealey's Litigation Procedure - 6th Circuit Declines To Dismiss Appeal Of Privacy Class Action Against Time

CINCINNATI - A motion by Time Inc. to dismiss the appeal of a ruling in its favor in a privacy class action was denied Sept. 22, with a Sixth Circuit U.S. Court of Appeals panel finding that the magazine publisher's arguments went to the jurisdiction of the trial court, not the appeals court (Rose...

Mealey's Litigation Procedure - 7th Circuit: Insurer May Conduct Discovery As To Defendant's Status As Insured

CHICAGO - Illinois law permits an insurer seeking declaratory judgment as to its coverage obligations to conduct discovery for evidence outside the underlying complaints as to whether a claimant qualifies as an insured, a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 22, reversing a trial court's...

Mealey's Litigation Procedure - Ohio Federal Judge Grants Final Approval To Whirlpool Mold Settlement

CLEVELAND - An Ohio federal judge on Sept. 23 granted final approval of a class settlement reached between Whirlpool and its consumers who allege that a defect caused mold and mildew to grow inside their front-load washing machines, which will provide consumers with the option of a cash payment, rebate...

Mealey's Litigation Procedure - Toxicologist May Testify On Cause Of Woman's Death, Federal Magistrate Judge Says

OMAHA, Neb. - A toxicology expert may testify on his opinion regarding the alleged wrongful death of a woman as a result of negligent drug prescription care, a Nebraska federal magistrate judge held Sept. 22, refusing to exclude the testimony because it is not speculative (Brian Crawford as personal...

Mealey's Litigation Procedure - Kentucky High Court Finds No Error In Exclusion Of Testimony On Gender Transformation

FRANKFORT, Ky. - A trial judge did not err in excluding testimony of a victim's alleged prior acts of violence and sexual misconduct or by barring a psychologist's testimony regarding transgender identity transformation, the Kentucky Supreme Court ruled Sept. 22, upholding a murder conviction...

Mealey's Litigation Procedure - Wells Fargo Employee Class Seeks $2.6B, Alleges Firings For Not Engaging In Fraud

LOS ANGELES - Two Wells Fargo Bank employees filed a class complaint in the Los Angeles County Superior Court on Sept. 22 accusing the banking giant's leaders of creating a fraudulent scheme that cheated customers and drove up the stock price and then firing the low-level employees who refused to...

Mealey's Litigation Procedure - Federal Class Actions Filed In Wake Of Yahoo Data Breach Announcement

SAN JOSE, Calif. - With the filing of a New York man's Sept. 24 complaint against Yahoo! Inc. in California federal court, at least five class action lawsuits have been filed against the Internet giant in the week since it announced a data breach affecting 500 million accounts (Edward McMahon v....

Mealey's Litigation Procedure - Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case

NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of...

Mealey's Litigation Procedure - PCA Commission Will Hear Maritime Boundary Dispute Commenced By Timor-Leste

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 26 said a commission appointed in a maritime boundary conciliation between the Democratic Republic of Timor-Leste, and the Commonwealth of Australia has issued a decision that it has the authority to continue with hearing the...

Mealey's Litigation Procedure - Class Certification Granted To Ford Focus Owners In Suspension Defect Suit

SACRAMENTO, Calif. - A California federal judge on Sept. 23 certified a class of Ford Focus owners who claim that a defect in the rear suspension of 2005 to 2011 models caused premature tire wear (Margie Daniel, et al. v. Ford Motor Company, No. 11-2890, E.D. Calif.; 2016 U.S. Dist. LEXIS 130745).

Mealey's Litigation Procedure - New York Federal Judge Consolidates 3 Wage Suits Against Italian Restaurant

NEW YORK - A New York federal judge on Sept. 23 agreed to consolidate three wage-and-hour suits filed against a New York City Italian restaurant, granted the plaintiffs' motion for class certification and agreed to toll the claims of absent class members (Raul Pichardo, et al. v. Carmine's Broadway...

Mealey's Litigation Procedure - Romanian Agency Reverses $13.7M Tax Assessment, Gabriel Resources Reports

WASHINGTON, D.C. - A Canadian resource company on Sept. 27 said the Romanian National Agency for Fiscal Administration (ANAF) has reversed a tax assessment in which it sought $13.7 million in value added tax and penalties and announced updates in a related arbitration currently pending before the International...

Mealey's Litigation Procedure - International Tribunal For The Law Of The Sea Celebrates 20 Years

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 27 announced that it will host two events in celebration of its celebrate its 20th anniversary.

Mealey's Litigation Procedure - Judge Finds Replacement Windows Do Not Extend Warranty

CHARLESTON, S.C. - A federal judge in South Carolina on Sept. 26 awarded summary judgment to Pella Corp. on a man's breach of express warranty claim, ruling that replacement windows the company installed to remedy allegedly defective ones did not extend the 10-year limited warranty (In re: Pella...

Mealey's Litigation Procedure - Judge Grants Final Approval Of $219M Settlement In Genworth Securities Suit

RICHMOND, Va - A federal judge in Virginia on Sept. 26 granted final approval of a $219 million securities class action settlement, ruling that the settlement and plan of allocation are fair, reasonable and accurate (In re Genworth Financial Inc. Securities Litigation, No. 14-682, E.D. Va.).

Mealey's Litigation Procedure - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred...

Mealey's Litigation Procedure - 11th Circuit Allows FLSA Collective Action, State Law Class Action In 1 Suit

ATLANTA - A Fair Labor Standards Act (FLSA) collective action and Federal Rule of Civil Procedure 23(b)(3) state law class action are permitted in the same proceeding, an 11th Circuit U.S. Court of Appeals panel ruled Sept. 28, reversing a ruling by the trial court finding that those two types of actions...

Mealey's Litigation Procedure - Federal Judge Confirms $1.6M Award For Liberian Vessel Owner

SALT LAKE CITY - After a Utah-based charterer failed to respond to a Liberian vessel owner's petition to confirm a $1,669,221 arbitral award that was issued in London in its favor, a Utah federal judge on Sept. 27 found that the award must be confirmed under the Convention on the Recognition and...

Mealey's Litigation Procedure - Alabama Federal Judge Allows Most Retiree Claims In Suit Over Canceled Life Insurance

MONTGOMERY, Ala. - An Alabama federal judge on Sept. 27 allowed most claims to proceed in consolidated class actions alleging that Allstate Insurance Co. improperly ended retirees' promised lifetime benefits, saying the plaintiffs have stated a claim that Allstate's plan did not include, or was...