LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - 3rd Circuit: 50-And-Older Age Bias Subgroup Is Allowed Under ADEA

PHILADELPHIA - A trial court erred when it ruled that a disparate-impact claim is not cognizable where a subgroup comprises workers 50 years old and older, a Third Circuit U.S. Court of Appeals panel ruled Jan. 10 in an opinion in which it also vacated the exclusion of testimony by the plaintiffs'...

Mealey's Litigation Procedure - Judge: Investor Failed To Show Medical Device Maker Misstated FDA Conditions

BOSTON - A shareholder failed to show that a medical device maker and certain of its current and former executive officers issued material misrepresentations or omissions in connection with the company's statements made regarding the U.S. Food and Drug Administration's approval of a spinal injury...

Mealey's Litigation Procedure - Panel Finds No Error In Accident Reconstruction Expert Testimony Admission

JACKSON, Miss. - Finding no error in the admission of accident reconstruction expert testimony, a Mississippi appeals panel on Jan. 10 affirmed the felony conviction of a woman for her drunken driving, which caused a death (Sara Jane Koch a/k/a Sarah Koch a/k/a Sara J. Koch v. State of Mississippi, No...

Mealey's Litigation Procedure - Federal Judge Refuses General Electric's Request For ICC Arbitration

NEW YORK - A New York federal judge on Jan. 10 refused to compel arbitration before the International Chamber of Commerce (ICC) International Court of Arbitration of a dispute over the purchase of a rail-signaling business, finding that the terms of the agreement require that the case be determined by...

Mealey's Litigation Procedure - Judge Grants Stein Mart's Motion To Compel On 'Compare At' Claims

RIVERSIDE, Calif. - A California federal judge on Jan. 10 granted a retailer's motion to compel supplemental responses to certain discovery requests from a purchaser who asserts claims for violation of California's unfair competition law (UCL), false advertising and other claims related to its...

Mealey's Litigation Procedure - New York Justice Denies Motion Seeking Exclusion Of Every-Exposure Testimony

NEW YORK - Experts in an asbestos case may make qualitative evaluations regarding exposure and need not precisely identify the quantity of exposure, a New York justice held in a Jan. 9 opinion denying defendants' wide-ranging motion (In re New York City Asbestos Litigation, Geraldine Andrews, et...

Mealey's Litigation Procedure - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No...

Mealey's Litigation Procedure - High Court Asks Government To Express Views In ERISA Indemnification Case

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 asked the U.S. solicitor general to file a brief expressing the government's views in a case that asks whether the Employee Retirement Income Security Act permits a cause of action for indemnity or contribution by a person found liable for breach...

Mealey's Litigation Procedure - Judge: Investors Failed To Plead Facts Supporting Misrepresentation Claims

NEW YORK - Lead plaintiffs in a securities class action lawsuit against a Chinese online retailer and others have failed to plead any actionable misrepresentations or omissions in support of their claim that the defendants concealed their intention to shut down the company's beauty supply marketplace...

Mealey's Litigation Procedure - Chevron: Decision By 9th Circuit Supports Its Claim That Class Status Not Proper

SAN FRANCISCO - Chevron Corp. on Jan. 10 filed a brief in California federal court contending that a recent decision handed down by the Ninth Circuit U.S. Court of Appeals supports its contention that a proposed class representing Nigerian residents who contend that they have been injured as a result...

Mealey's Litigation Procedure - Approval Of Wage Class Settlement Denied; Evaluation Of Recovery Requested

NEW YORK - A New York federal judge on Jan. 12 denied preliminary approval of a $290,000 wage-and-hour settlement, finding that the parties failed to provide an evaluation of the range of reasonable recoveries (Sean Patterson, et al. v. Premier Construction Co. Inc., et al., No. 15-662, E.D. N.Y.; 2017...

Mealey's Litigation Procedure - Judge Declines To Bar Expert Testimony In Constitutional Violation Suit Against Officers

FORT WAYNE, Ind. - In deciding a summary judgment motion on constitutional violation and state law claims against a town and police officers, an Indiana federal judge on Jan. 11 refused to exclude expert testimony because it was unnecessary to rule on summary judgment (David Marshall III and LaMisa Marshall...

Mealey's Litigation Procedure - South Carolina High Court Affirms Time-On-The-Risk Allocation Of Insurer's Costs

COLUMBIA, S.C. - The majority of the South Carolina Supreme Court on Jan. 11 affirmed a special referee's finding that coverage under commercial general liability insurance policies was triggered and calculation of an insurer's pro rata portion of the progressive damages based on its time on...

Mealey's Litigation Procedure - U.S. High Court Declines To Hear Appeal Of LIBOR Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied a petition for writ of certiorari filed by the banks accused, in a multidistrict litigation that was reinstated by the Second Circuit U.S. Court of Appeals after being dismissed by the trial court, of an alleged conspiracy to manipulate U.S...

Mealey's Litigation Procedure - Attorneys Waived Privilege Over PowerPoint Presentations, Judge Rules

CHARLESTON, S.C - The contents of two PowerPoint presentations made by attorneys during town hall meetings held to persuade homeowners to join a proposed class action suit against the builders of their homes over alleged construction defects waived any work product protection over the information, a...

Mealey's Litigation Procedure - U.S. Supreme Court Accepts, Consolidates 3 Class Action Waiver Suits

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 granted petitions for writ of certiorari filed in three cases challenging the barring of class or collection action waivers in employment agreements, consolidated the three cases and granted a total of one hour for oral arguments (Epic Systems Corp...

Mealey's Litigation Procedure - Holistic Doctor's Expert Unqualified To Testify, Judge Finds

ALBUQUERQUE, N.M. - A federal judge in New Mexico on Jan. 11 granted the federal government's motion to exclude the testimony of an expert designated to discuss the medical necessity of tests administered by a holistic doctor who is accused of fraudulently billing Medicare and other insurers, after...

Mealey's Litigation Procedure - Supreme Court Agrees To Hear Appeal Challenging American Pipe Tolling

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims...

Mealey's Litigation Procedure - 9th Circuit Deems IPhone App Purchases To Be Direct, Revives Antitrust Suit Against Apple

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 12 determined that Apple Inc. is a distributor of third-party created apps sold in its App Store, leading the panel to find that putative monopolization class claims related to the store could proceed (In re Apple iPhone Antitrust Litigation...

Mealey's Litigation Procedure - PCA Holds Hearing On Jurisdiction, Announces Russia Did Not Participate

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Jan. 13 issued various updates in an arbitration commenced by numerous real estate entities against the Russian Federation in relation to an alleged real estate investment in Crimea, announcing that the Russian Federation did not participate...

Mealey's Litigation Procedure - 11th Circuit Upholds Dismissal Of Payout Claims Against Electric Cooperative

ATLANTA - A rural electric cooperative that paid out excess revenues to members via account credits rather than cash did not violate Alabama law, the 11th Circuit U.S. Court of Appeals ruled Jan. 12, affirming a trial court's dismissal of cooperative members' class complaint (Pamela Caver, et...

Mealey's Litigation Procedure - Blue Shield's Insurance Renewal Calls Found Not To Violate TCPA

SANTA ANA, Calif. - Single calls placed to each health insurance customer about policy renewals were not telemarketing or advertising, a California federal judge ruled Jan. 13, granting summary judgment to the insurance provider in a Telephone Consumer Protection Act (TCPA) class complaint (Shannon Smith...

Mealey's Litigation Procedure - 3rd Request For Class Certification Of Counterclaims Against Sprint Fail

KANSAS CITY, Kan. - A cell phone reseller's third attempt at class certification for counterclaims accusing Sprint Nextel Corp. of restraining trade of preowned phones failed when a Kansas federal judge on Jan. 12 ruled that the motion was filed too late (Sprint Nextel Corporation v. The Middle Man...

Mealey's Litigation Procedure - Samsung Hit With Class Suit Alleging It's Not Fixing Recalled Washers

OKLAHOMA CITY - Despite recalling certain top-load washers, Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. are failing to perform repairs, the only recall option available to consumers that won't cost them anything out of pocket, an Oklahoma man alleges in a class complaint filed...

Mealey's Litigation Procedure - Judge Confirms $1.3M Award For Solar Panel Maker, Refuses To Vacate

NEW YORK - A New York federal judge on Jan. 17 refused to vacate a $1,305,131 arbitral award issued in favor of a maker of solar panels, finding that the award was not ambiguous and that the tribunal did not act in bad faith (Trina Solar US, Inc. v. JRC Services LLC, et al., No. 16-CV-2869, S.D. N.Y...