LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - New York Federal Judge Sends Glassdoor Users' Privacy Class Claims To Arbitrator

NEW YORK - A New York federal judge on Sept. 12 granted a motion to compel arbitration filed by Glassdoor Inc. in a class lawsuit filed by users who claim that their email addresses were publically disclosed (Paulo Pincaro, et al. v. Glassdoor, Inc., No. 16-6870, S.D. N.Y., 2017 U.S. Dist. LEXIS 147517...

Mealey's Litigation Procedure - Tribunal Formed To Hear Claims Over Mining Rights Asserted Against Colombia

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) was constituted Sept. 11 in an arbitration commenced by a precious metals exploration and development company against the Republic of Colombia (Eco Oro Minerals Corp. v. Republic of Colombia, No....

Mealey's Litigation Procedure - PCA Reaches Cooperation Agreement With Arbitration Center In Nairobi

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Sept. 11 announced a cooperation agreement that will allow it to now host PCA hearings in Nairobi, Kenya.

Mealey's Litigation Procedure - Judge: Insureds Sufficiently Allege Insurer Considered Higher Reinsurance Costs

PHILADELPHIA - A class of owners of life insurance policies adequately alleged that a life insurer's admitted consideration of lower investment income and higher reinsurance costs constituted breaches of the policies, a Pennsylvania federal judge ruled Sept. 11 (In re: Lincoln National Co. Litigation...

Mealey's Litigation Procedure - First Securities Class Action Filed In Wake Of Equifax Data Breach

ATLANTA - Following credit monitoring and reporting firm Equifax Inc.'s Sept. 7 announcement of a massive data breach involving 143 million consumers and numerous consumer class action filings, a securities class action complaint was filed on Sept. 8 in Georgia federal court (Hampden Kuhns v. Equifax...

Mealey's Litigation Procedure - Class Suit Over Lost Medical Records Is Sent Back To State Court

MONTGOMERY, Ala. - Defendants who removed a class complaint over lost medical records failed to show that the Class Action Fairness Act's (CAFA) amount in controversy requirement is satisfied, an Alabama federal judge ruled Sept. 12, sending the suit back to state court (Dawn Cobb Carrigan, et al...

Mealey's Litigation Procedure - Black & Decker Loses Out On $54M Trademark Verdict Due To Expert's Flawed Survey

CHICAGO - Two companies got a $54 million trademark infringement verdict against them tossed Sept. 11 when an Illinois federal judge granted them a new trial based on the unreliability and irrelevance of expert testimony regarding the likelihood of consumer confusion about the products at issue, which...

Mealey's Litigation Procedure - Nurses Granted Certification In Suit Seeking Pay For Auto-Deducted Meal Breaks

COLUMBUS, Ohio - An Ohio federal judge on Sept. 11 granted a motion for certification filed by a class of nurses who allege that their employer erred by automatically deducting 30 minutes from their pay per day for a meal break even though the nurses often had to work during those breaks (Lynnett Myers...

Mealey's Litigation Procedure - Greek Ministries File Arbitration Against Mining Firm Over Technical Study

VANCOUVER, British Columbia - A gold mining company on Sept. 14 announced that two Greek ministries have filed a formal notice of arbitration against it in Greece, asserting claims related to a technical study for a metallurgical plant.

Mealey's Litigation Procedure - Judge Refuses To Strike Class Allegations, Finds UCL Claims Are Representative

SAN FRANCISCO - Since a construction company seeks to assert claims for violation of California's unfair competition law (UCL) as representative claims under state law, rather than as class claims under federal law, a California federal judge on Sept. 12 denied an insurer's motion to strike parts...

Mealey's Litigation Procedure - Judge: Reliance On Erroneous Information In Securities Suit Fatal To Claims

OAKLAND, Calif. - The lead plaintiff in a securities class action lawsuit against a clinical stage biopharmaceutical company relied on erroneous information in arguing that the company and certain of its senior executives concealed from investors certain adverse events observed in a phase III clinical...

Mealey's Litigation Procedure - Certification Revoked For Disabled Class That Wants To Move Out Of Nursing Homes

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 13 rescinded certification of a class of people who allege that they have been denied effective transition services by the District of Columbia, resulting in them being stuck in nursing facilities in violation of the integration mandate...

Mealey's Litigation Procedure - Judge Grants Investors' Motion To Amend In BlackBerry Securities Class Action

NEW YORK - Newly uncovered evidence that could show that mobile device manufacturer BlackBerry Ltd. and certain of its former executive officers concealed declining sales of its new Z10 smartphone and other 10 series mobile devices is enough to warrant amendment of a shareholder class action complaint...

Mealey's Litigation Procedure - Kentucky Appellate Panel Vacates Class Certification In Contract Breach Suit

STANTON, Ky. - A Kentucky Court of Appeals panel on Sept. 15 vacated certification of a class of customers suing United Propane Gas Inc. for breach of contract and other violations, finding the trial court's certification was deficient under Kentucky Rules of Civil Procedure 23.01, 23.02 and 23.03...

Mealey's Litigation Procedure - Company Awarded Judgment After Expert For Insurer Seeking Subrogation Excluded

GREENBELT, Md. - A Maryland federal judge on Sept. 15 awarded summary judgment to a utility contractor on an insurance company's claim that the contractor's negligence caused a house fire, after excluding the insurer's expert from testifying about the standard of care for the work at issue...

Mealey's Litigation Procedure - Noting Limited Resources, California Federal Judge Dismisses EFTA Class Suit

FRESNO, Calif. - A U.S. District Court for the Eastern District of California judge on Sept. 14 dismissed a class complaint accusing several gyms and their franchisor of violating the Electronic Funds Transfer Act (EFTA) following the transfer of memberships, but gave the plaintiffs one more opportunity...

Mealey's Litigation Procedure - Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit

SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs ...

Mealey's Litigation Procedure - Google Seeks Contempt Order To Appeal SCA Extraterritorial Warrant Ruling

SAN JOSE, Calif. - Voicing its intention to appeal a California federal judge's ruling ordering it to comply with a warrant issued under the Stored Communications Act (SCA) seeking production of foreign-stored user emails, Google Inc. on Sept. 13 moved for an order of civil contempt related to its...

Mealey's Litigation Procedure - ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics

ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.

Mealey's Litigation Procedure - Class Suit Over Shutterfly's Facial Recognition Software Survives Motion To Dismiss

CHICAGO - An Illinois federal judge on Sept. 15 denied a motion to dismiss a class complaint accusing Shutterfly Inc. of violating Illinois' Biometic Information Privacy Act (BIPA) by using facial recognition software to scan faces in uploaded images and then storing that data (Alejandro Monroy,...

Mealey's Litigation Procedure - Judgment Bid Snuffed By Admission Of Experts In MRSA Damages Action

COLUMBUS, Ohio - A cosmetics company is not entitled to summary judgment on a woman's claim that she contracted a methicillin-resistant Staph aureus (MRSA) infection from a makeover at one of the company's stores, an Ohio federal judge held Sept. 15 after finding that the opinions of the woman's...

Mealey's Litigation Procedure - 9th Circuit Reverses Class Decertification In Aphrodisiac Supplement Suit

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court's decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion...

Mealey's Litigation Procedure - Fla. Federal Judge Won't Allow Class Certification Motion To Be Sealed In TCPA Suit

TAMPA, Fla. - A Florida federal judge on Sept. 14 denied an unopposed motion by the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to file the motion for class certification under seal, ruling that claims that information in the motion was declared confidential by the defendant is insufficient...

Mealey's Litigation Procedure - Judge Refuses To Dismiss UCL, Warranty Claims Regarding Coconut Oil Labeling

SAN DIEGO - After finding that a consumer sufficiently pleaded that she relied on various representations regarding the health benefits of coconut oil, a California federal judge on Sept. 18 denied a motion filed by the maker of the product to dismiss the purchaser's claims for violation of California's...

Mealey's Litigation Procedure - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from...