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Mealey's Litigation Procedure - 1st Circuit Denies Rehearing In Securities Suit Against Drug Company

BOSTON - The First Circuit U.S. Court of Appeals denied a petition for rehearing and rehearing en banc in a securities class action filed by a pharmaceutical company's shareholders who alleged that the company and certain of its executive officers misrepresented the likelihood of U.S. Food and Drug...

Mealey's Litigation Procedure - Supreme Court To Hear Case On Foreign Application Of Stored Communications Act

WASHINGTON, D.C. - Over the opposition of Microsoft Corp., the U.S. Supreme Court on Oct. 16 granted the U.S. government's petition for certiorari to decide whether a warrant issued under the Stored Communications Act (SCA) can be applied extraterritorially to require an email provider to produce...

Mealey's Litigation Procedure - 3rd Circuit Affirms Dismissal Of Variable Electricity Pricing Class Suit

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Oct. 12 affirmed a trial court's decision to dismiss with prejudice a breach of contract class claim brought by a Pennsylvania resident who claimed that an energy company violated its service contract by raising the rates each month (John...

Mealey's Litigation Procedure - 8th Circuit Affirms Remand Of Class Suit Alleging Slack-Filled Red Hot Candy

ST. LOUIS - The maker of Red Hot candy failed to show that the amount being sought by a class of consumers alleging "slack-filled" packages or the cost of complying with a potential injunction exceeds the Class Action Fairness Act's (CAFA) $5 million threshold, an Eighth Circuit U.S. Court...

Mealey's Litigation Procedure - 6th Circuit Reinstates Collective Suit Over Hhgregg's Commission-Only Pay

CINCINNATI - A split Sixth Circuit U.S. Court of Appeals panel on Oct. 12 reversed a trial court's dismissal of a collective action accusing hhgregg Inc. and Gregg Appliances Inc., owner and operator of more than 220 appliance and electronic stores across the country, of violating federal and state...

Mealey's Litigation Procedure - Expert For Bankruptcy Fraud Defendant Cannot Testify, Federal Judge Rules

CHICAGO - An expert witness for a man charged with criminal bankruptcy fraud was barred from testifying at trial on Oct. 14 by an Illinois federal judge, who found that the expert's opinions are unreliable due to a lack of any methodology and amount to "legal conclusions that are not within...

Mealey's Litigation Procedure - Uber Seeks To Prevent Waymo From Reopening Discovery In Trade Secrets Suit

SAN FRANCISCO - The plaintiff in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others has failed to show that discovery should be reopened for the plaintiff to determine whether Uber used the plaintiff's source code to develop its autonomous vehicle source code, Uber...

Mealey's Litigation Procedure - PCA Says Timor-Lest, Australia Agree On Treaty Terms In Maritime Dispute

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 15 announced that Timor-Lest and Australia have agreed on the language of a treaty regarding maritime boundaries in the Timor Sea (Timor-Leste v. Australia, No. 2013-16, PCA).

Mealey's Litigation Procedure - California Federal Judge Keeps Rest Break Class Suit In Federal Court

SACRAMENTO, Calif. - A class complaint accusing an ambulance service company of rest break violations belongs in federal court because the employer has shown that the claims are preempted and that federal question jurisdiction exists, a California federal judge ruled Oct. 12 (Meghan Silva, et al. v....

Mealey's Litigation Procedure - PCA Finds Swiss Unions' Claims Under Bangladesh Accord Are Admissible

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 16 announced that it has issued a procedural order finding that claims asserted by labor union federations against global fashion brands under a Bangladesh safety treaty are admissible, among other decisions (IndustriALL Global...

Mealey's Litigation Procedure - EpiPen MDL Judge Allows Document Discovery But Stays Depositions

TOPEKA, Kan. - The Kansas federal judge overseeing the EpiPen multidistrict litigation on Oct. 13 agreed to partially lift a discovery stay on documents but kept in place his stay of depositions (In Re: EpiPen Marketing, Sales Practices and Antitrust Litigation, MDL Docket No. 2785, No. 17-md-2785, D...

Mealey's Litigation Procedure - Waymo's Request To Reopen Discovery In Trade Secrets Suit Denied

SAN FRANCISCO - It is too late in the litigation in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others to require Uber to turn over all of its source code for its self-driving vehicle technology, and a plaintiff's motion to compel Uber to turn over the source code...

Mealey's Litigation Procedure - ADT Agrees To Settle Class Suits Over Wireless Systems' Vulnerabilities For $16M

SAN FRANCISCO - A California federal judge on Oct. 16 granted preliminary approval of a $16 million settlement to be paid by ADT LLC to end several class action suits accusing the home security system company of failing to disclose that its wireless systems are unencrypted and vulnerable to attack (Michael...

Mealey's Litigation Procedure - Kentucky Panel Upholds Exclusion Of Expert Testimony In Suit Against Nursing Home

FRANKFORT, Ky. - The Kentucky Court of Appeals on Oct. 13 shot down all of an estate's challenges to a jury's verdict in favor of a nursing home on the estate's wrongful death claims, including the estate's argument that the trial court abused its discretion by limiting testimony from...

Mealey's Litigation Procedure - ACLU Files Class Complaint Over Immigrant Minors' Access To Abortions

WASHINGTON, D.C. - The American Civil Liberties Union filed a class complaint against federal government officials on Oct. 13 in the U.S. District Court for the District of Columbia, alleging that unaccompanied immigrant minors, many of whom have been sexually abused or assaulted, are being denied access...

Mealey's Litigation Procedure - Venezuelan Ministry Says Crystallex Cannot Obtain Trust Assets To Satisfy Award

NEW YORK - The Ministry of Defense of the Bolivarian Republic of Venezuela on Oct. 16 moved a New York federal court to dismiss a petition filed by a Canadian company that seeks to obtain payment from a trust held by a bank to satisfy a $1.2 billion arbitral award, arguing that the requested assets are...

Mealey's Litigation Procedure - Woman: Class's Claims Against Home Sellers, Contractor Identical To State Suit

BEAUFORT, S.C. - A woman seeking to represent a proposed class of homeowners claiming that a general contractor, Del Webb Communities Inc., and Pulte Homes Inc. are liable for damages stemming from improperly installed stucco says in an Oct. 13 motion filed in South Carolina federal court that her class...

Mealey's Litigation Procedure - Bon Secours Health Will Pay $98M To 7 Plans To Settle Underfunding Claims

BALTIMORE - Bon Secours Health System Inc. (BSHSI) will contribute $14 million annually for the next seven years, for a total of $98 million, to seven defined-benefit plans operating as "church plans" to settle claims that it improperly operated the plans as exempt from the Employee Retirement...

Mealey's Litigation Procedure - Hawaii Federal Judge Partly Grants Sanctions In Copyright Case

HONOLULU - Although refusing to dismiss a copyright infringement case outright as a sanction for providing insufficient discovery responses, a Hawaii federal judge on Oct. 17 ordered a plaintiff to supplement the discovery responses, attend a status conference and be deposed, as well as pay all court...

Mealey's Litigation Procedure - Reinsurance Facultative Certificates Cover Defense Costs In Excess Of Cap

HARRISBURG, Pa. - Reinsurance facultative certificates covered defense expenses in excess of a liability cap, a Pennsylvania appeals panel ruled Oct. 17, affirming that insurers were entitled to interest on certain proofs of loss for asbestos claims issued before 2013 (Century Indemnity Co. v. OneBeacon...

Mealey's Litigation Procedure - High Court Removes Securities Suit Oral Arguments From Calendar

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 17 removed from the calendar oral arguments in an appeal of a securities class action ruling regarding Securities and Exchange Commission Regulation S-K Item 303's duty to disclose provision for federal securities law claims and stayed the action...

Mealey's Litigation Procedure - Final Approval Granted To Class Action Over University Records Theft

ROME, Ga. - Five months after granting preliminary approval of the settlement of a class action over the theft of student records that a group of alumni said exposed their personally identifiable information (PII), a Georgia federal judge on Oct. 17 granted final approval of the parties' agreement...

Mealey's Litigation Procedure - Mom Loses Suit Over Son's Death After Police Expert's Opinions Allowed

TOLEDO, Ohio - An Ohio federal judge on Oct. 17 awarded summary judgment to the city of Toledo and several of its police officers on a mother's claims that the officers violated her son's civil rights by getting him killed for being a drug informant, after finding that an expert for the city...

Mealey's Litigation Procedure - ICSID Registers Petroleum Firms' Arbitration Case Against Gambia

WASHINGTON, D.C. - A British petroleum company on Oct. 18 announced that an international arbitration center has registered its request for arbitration against the Republic of Gambia (African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia, No. ARB/17/38, ICSID).

Mealey's Litigation Procedure - Tibble Defendants Will Pay $5.8 Million For Attorney Fees

LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et...