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Mealey's Litigation Procedure - Federal Judge Orders Nigerian Petroleum Corp. To Produce Documents

NEW YORK - A New York federal judge on Aug. 7 ordered the Nigerian National Petroleum Corp. (NNPC) to produce certain documents in a case in which a Nigerian entity seeks to confirm a $1,779,000,000 arbitral award (Esso Exploration and Production Nigeria Limited et al v. Nigerian National Petroleum Corporation...

Mealey's Litigation Procedure - 11th Circuit: Arbitration Agreement Signed After Class Suit Is Valid

ATLANTA - An arbitration agreement signed by an employee after he already filed a class complaint against his employer over a background check is valid and prevents the lawsuit from proceeding, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (William Jones, et al. v. Waffle House, Inc., et al., No...

Mealey's Litigation Procedure - Judge Axes Expert's Late Report, Dismisses Negligence Claims Against Doctor

ALBUQUERQUE, N.M. - A New Mexico federal judge on Aug. 8 awarded summary judgment to a doctor and his employer on an estate's wrongful death claims after excluding a late-filed expert report as untimely and, therefore, prejudicial (John Faure v. Community Health Systems Professional Services Corporation...

Mealey's Litigation Procedure - Viacom Faces Class Suit Alleging Violations Of Child Online Privacy Laws

SAN FRANCISCO - Several days after filing a complaint accusing The Walt Disney Co. and its partners of violating the Children's Online Privacy Protection Act (COPPA), a California woman on Aug. 7 filed a second nearly identical class action lawsuit in the U.S. District Court for the Northern District...

Mealey's Litigation Procedure - Asbestos Defendants Seek New Discovery Master Due To Apparent Conflicts

NEWARK, N.J. - Defendants in a seven-year-old asbestos lawsuit on Aug. 8 asked a New Jersey federal judge to replace a special discovery master due to conflict of interest from his past and current law firm associations (Kimberlee Williams, et al. v. BASF Catalysts LLC., et al., No. 11-1754, D. N.J....

Mealey's Litigation Procedure - Pennsylvania Federal Judge Says 401(k) Lawsuit Cannot Proceed As Class Action

PHILADELPHIA - A Pennsylvania federal judge on Aug. 7 ruled in an issue of first impression for the Third Circuit that a 401(k) plan participant's lawsuit against a company, its retirement plan and its administrators may not proceed as a class action because the plaintiff has failed to allege that...

Mealey's Litigation Procedure - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369...

Mealey's Litigation Procedure - 5th Circuit Finds Arbitrability Questions Must Be Decided By Arbitrators

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 9 affirmed a decision in favor of Chevron USA Inc. and others to deny a motion to remand a company's claims for fraud, finding that the court did not err in finding that a confidentiality agreement's arbitration provision...

Mealey's Toxic Tort/Environmental - Michigan Residents Sue Ford Motor Company, Allege Groundwater Contamination

DETROIT - A group of Michigan residents on Aug. 8 filed a class action against Ford Motor Co. in Michigan state court contending that the company is liable for groundwater contamination as a result of leaking "highly toxic chemicals" from its facility in Livonia, Mich. (Bruce Tenniswood, et...

Mealey's Litigation Procedure - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and...

Mealey's Litigation Procedure - 7th Circuit Reverses Ruling, Finds Insurers Owe Defense For Insured's Leaky Windows

CHICAGO - Insurers have a duty to defend an insured against class action claims of leaks in windows because neither the economic loss doctrine nor the "your work" exclusion precludes coverage, the Seventh Circuit U.S. Court of Appeals held Aug. 8, reversing an underlying judgment and remanding...

Mealey's Litigation Procedure - With Jurisdiction Lacking, Writ Compelling Discovery Denied In Patent Case

WASHINGTON, D.C. - An appeal by a patent owner seeking to compel discovery in an infringement action governed by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, 124 Stat. 119, 804 (2010), was dismissed Aug. 10 by the Federal Circuit U.S. Court of Appeals, which...

Mealey's Litigation Procedure - Michigan Residents Sue Ford Motor Company, Allege Groundwater Contamination

DETROIT - A group of Michigan residents on Aug. 8 filed a class action against Ford Motor Co. in Michigan state court contending that the company is liable for groundwater contamination as a result of leaking "highly toxic chemicals" from its facility in Livonia, Mich. (Bruce Tenniswood, et...

Mealey's Litigation Procedure - Judge Bars Wal-Mart's Use Of Discovery Obtained From Deposition Of Physician

TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's...

Mealey's Litigation Procedure - Extended Warranty Company Deemed Not Liable For Marketing Calls That Violated TCPA

SAN FRANCISCO - A company that provides vehicle service contracts (VSC), also known as extended warranties, cannot be held vicariously liable for telephone calls by telemarketers from All American Auto Protection Inc. (AAAP) that violated the Telephone Consumer Protection Act (TCPA) because the telemarketers...

Mealey's Litigation Procedure - Texas Federal Judge Finds No Injury Dooms FACTA Class Suit

DALLAS - A lead plaintiff's class suit under the Fair and Accurate Credit Transactions Act (FACTA) that accuses a supermarket of not properly truncating customers' information on its receipts fails due to no showing of injury in fact, a Texas federal judge ruled Aug. 9 (Sumeet Batra, et al. v...

Mealey's Litigation Procedure - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving...

Mealey's Litigation Procedure - Singapore International Arbitration Centre Opens New Office In India

SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Aug. 10 announced that it has opened a new office in India.

Mealey's Litigation Procedure - California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL

SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an...

Mealey's Litigation Procedure - Bayer, Plaintiffs Say They've Agreed To Settle Mirena IUD Perforation Claims

NEW YORK - Despite the parties' Aug. 11 disclosure that they have agreed to resolve Mirena intrauterine device (IUD) secondary perforation claims, the Second Circuit U.S. Court of Appeals that day denied a motion to adjourn Aug. 14 oral arguments about the exclusion of all plaintiffs causation experts...

Mealey's Litigation Procedure - 7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607...

Mealey's Litigation Procedure - Wage Class Suit Parties Ordered To Accept Surveys Filed Up To 1 Month Late

CLEVELAND - The parties in a class suit over the misclassification of door-to-door salespeople that ended with a jury finding for the plaintiffs on the issue of liability for unpaid wages must accept surveys regarding the hours the affected employees worked during the overtime pay period that were filed...

Mealey's Litigation Procedure - Apple Extended Warranty Class Suit Partially Survives Dismissal Motion

LOS ANGELES - A consumer suing Apple Inc. for allegedly shortchanging him several days on the extended warranty he purchased has standing to bring suit, but must resolve some deficiencies in his complaint, a California federal judge ruled Aug. 10, granting in part and denying in part Apple's motion...

Mealey's Litigation Procedure - Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters

DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative...

Mealey's Litigation Procedure - Texas Federal Judge Orders New Deposition In Patent Case

SHERMAN, Texas - A plaintiff will be permitted another opportunity to depose the author of a patent opinion letter at the expense of an infringement defendant "as a remedy" for conduct by defense counsel, a Texas federal judge ruled Aug. 11 (Tech Pharmacy Services LLC v. Alixa Rx LLC, No. 15...