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Mealey's Litigation Procedure - 7th Circuit Vacates Dismissal Of FACTA Class Suit, Orders Remand

CHICAGO - A district court wrongly dismissed with prejudice a class complaint over a company's printing of credit and debit card expiration dates on receipts because the court lacked jurisdiction, a Seventh Circuit U.S. Court of Appeals panel ruled May 14, vacating the lower court's judgment...

Mealey's Litigation Procedure - Kazakhstan Argues $22B In Frozen Funds Satisfies Swedish Arbitral Award

WASHINGTON, D.C. - The Republic of Kazakhstan on May 14 responded to a motion filed by investors for leave to register a judgment confirming a $497,685,101 arbitral award in other judicial districts in an attempt to obtain payment, arguing that not enough time has passed and that the investors have not...

Mealey's Litigation Procedure - Judge Dismisses UCL, FAL Claims Over Octopus Products For Lack Of Jurisdiction

SAN DIEGO - After finding that a consumer failed to show that her class action claims for violation of California's unfair competition law (UCL) and false advertising in relation to allegedly fake octopus products met the federal amount-in-controversy requirement, a California federal judge on May...

Mealey's Litigation Procedure - Judge Tosses Class Suit Alleging Consumers Believe Diet Pepsi Will Help Weight Loss

NEW YORK - A New York federal judge on May 17 dismissed a class complaint accusing a soda maker of leading customers to believe that its soda would help with weight loss by calling it "diet" soda, ruling that the complaint failed on its merits (Elizabeth Manuel, et al. v. Pepsi-Cola Company...

Mealey's Litigation Procedure - Courier Asserts UCL, PAGA Claims Against Delivery Service In California Court

SAN FRANCISCO - A delivery courier on May 15 filed a class action complaint against a same-day delivery courier service in a California state court, alleging that it violated California's unfair competition law (UCL) and labor code when it misclassified employees as independent contractors (Raef...

Mealey's Litigation Procedure - Washington High Court Majority Finds Emails Between County, Department Privileged

OLYMPIA, Wash. - A 7-2 Washington Supreme Court on May 17 found that emails between a county and the Washington Department of Ecology were protected from disclosure under the Public Records Act (PRA) because they were work product and because the sharing of the information between the parties did not...

Mealey's Litigation Procedure - Motorola Denied Access To Rival's Computers In 2-Way Radio Trade Secret Suit

CHICAGO - Chiding both parties in a trade secret misappropriation suit for "a long, drawn out, pitched battle" over discovery, an Illinois federal magistrate judge on May 17 denied Motorola Solutions Inc.'s motion to compel forensic examination of the defendants' computers, finding...

Mealey's Litigation Procedure - Golden State Warriors Fan Voluntarily Dismisses App Eavesdropping Class Action

OAKLAND, Calif. - After engaging in arbitration, a New York woman filed a stipulation in California federal court May 17, voluntarily dismissing a putative class action under the Electronic Communications Privacy App (ECPA) against National Basketball Association team the Golden State Warriors and a...

Mealey's Litigation Procedure - Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

WASHINGTON, D.C. - A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v...

Mealey's Litigation Procedure - Judge Quashes Subpoenas Seeking Records Of All Of Doctor's Toenail Avulsions

NASHVILLE, Tenn. - A federal judge in Tennessee on May 18 quashed two subpoenas served on rehabilitation centers where a doctor who was found guilty of four counts of health care fraud preformed toenail avulsions, finding that the requests were unduly burdensome and that they were not necessarily relevant...

Mealey's Litigation Procedure - Nebraska Supreme Court Affirms Exclusion Of Accutane Causation Expert

LINCOLN, Neb. - The Nebraska Supreme Court on May 18 affirmed the exclusion of a plaintiff's sole causation expert in an Accutane bowel injury case, saying the expert's methodology failed to meet case law standards (Aimee Freeman v. Hoffman-La Roche Inc., et al., No. 300 Neb. 47, Neb. Sup.).

Mealey's Litigation Procedure - Panel Upholds Class Action Status In Dispute Over Illegal Insurance Transactions

BATON ROUGE, La. - A Louisiana appeals panel on May 16 affirmed certification of a class in a case against state agencies and insurers over illegal transactions made to protect the Louisiana Insurance Guaranty Association (Donald W. Abshire v. The State of Louisiana, et al., No. 2017CA0689 c/w 2017CA0690...

Mealey's Litigation Procedure - Class Certified In Suit Alleging Jailed Voters Were Barred From 2016 Election

FORT WAYNE, Ind. - An Indiana federal judge on May 17 certified a class of individuals who allege that they were in jail during the November 2016 election and were wrongfully kept from voting by the Allen County, Ind., sheriff (Demetrius Buroff, et al. v. David Gladieux, No. 17-124, N.D. Ind., 2018 U...

Mealey's Litigation Procedure - 9th Circuit Vacates Order Requiring Release Of Lichtenstein Assets

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 18 vacated a court's decision ordering a Russian national to turn over assets held in a trust to assist in satisfying a $92 million arbitral award, finding that the order was premature because a Lichtenstein court is reviewing similar...

Mealey's Litigation Procedure - ICSID Rejects Bolivia's Application To Annul $48M Award For Investors

WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on May 18 issued a decision in an arbitration filed by investors in mining concessions, rejecting an application made by the Plurinational State of Bolivia to annul a $48,619,578 award (Quiborax...

Mealey's Litigation Procedure - Wikimedia Says In Camera Review Can Resolve Standing In Upstream Surveillance Suit

BALTIMORE - In a May 18 reply brief in Maryland federal court, Wikimedia Foundation defends its motion to compel documents to establish that its communications were intercepted by the National Security Agency's (NSA) upstream surveillance program, arguing that a statutory in camera review procedure...

Mealey's Litigation Procedure - Federal Judge To Reconsider Settlement Denial In Wine Pricing Class Suit

CAMDEN, N.J. - A New Jersey federal judge is set to reconsider on June 4 an April 17 opinion denying final approval of multi-million settlement in a class lawsuit accusing an online wine retailer of mispresenting pricing and the savings to consumers (Kyle Cannon, et al. v. Ashburn Corporation, et al...

Mealey's Litigation Procedure - California University, Campus Gynecologist Hit With Sexual Abuse Class Suit

LOS ANGELES - A former University of Southern California (USC) student filed a class complaint on May 21 in a California federal court accusing the university, the university's board and the school's campus gynecologist, George Tyndall, M.D., of violating the trust of a class of female students...

Mealey's Litigation Procedure - Houston Texans Cheerleaders File Collective Action Seeking Unpaid Wages

HOUSTON - The Houston Texans football team and its cheerleading coach wrongfully require cheerleaders to work off the clock and fail to pay minimum and overtime wages, one former cheerleader, referred to only by her initials, alleges in her May 21 collective action filed in a Texas federal court (P.G...

Mealey's Litigation Procedure - Former NFL Player Files Class Action, Alleges Plan Breached Fiduciary Duties

NEW YORK - A former National Football League player on May 22 filed suit in New York federal court, alleging that the NFL's retirement plan and its fiduciaries duty violated the Employee Retirement Income Security Act by refusing to reclassify players' disability benefits as football degenerative...

Mealey's Litigation Procedure - California High Court: Public Social Media Posts Discoverable Under SCA

SAN FRANCISCO - The Stored Communications Act (SCA) prohibits a service provider from disclosing only communications that are private or for restricted audiences, the California Supreme Court held May 24, affirming in part an appeals court's reversal of an order requiring three social media provider...

Mealey's Litigation Procedure - Panel Reverses Dismissal Of Expert Report In Nursing Home Negligence Suit

DALLAS - The Fifth District Texas Court of Appeals on May 22 reversed a trial court's dismissal of a plaintiff's amended expert report in a lawsuit alleging that a nursing facility's negligence contributed to the death of one of the facility's residents because the amended expert report...

Mealey's Litigation Procedure - Spring Water Labeling Class Claims Against Extractor Survive Dismissal Motion

PHILADELPHIA - A former spring water extractor who filed a class complaint accusing other companies of damaging his business by falsely labeling their water as "spring water" may proceed with his Lanham Act and state law claims against only another extractor, not three bottling companies, a...

Mealey's Litigation Procedure - No Prejudice Found In Use Of Surgeon As Expert Without Full Disclosure

WEST PALM BEACH, Fla. - A Florida court did not abuse its discretion in allowing a treating physician in a personal injury case to testify as an expert witness about causation and permanency of injuries, even though the doctor was not designated as an expert witness as required by a trial preparation...

Mealey's Litigation Procedure - U.K. Energy Firms Ask D.C. Court To Allow It To Seek Ghana's Assets

Washington, D.C. - Energy firms on May 22 moved a District of Columbia federal court for an order allowing them to begin attachment and enforcement efforts in an attempt to satisfy payment of a $11.75 million award issued by the Permanent Court of Arbitration (PCA) against Ghana (Balkan Energy Limited...