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Mealey's Litigation Procedure - Chevron: No Legal Issue In Lago Agrio Case Warrants High Court Review

WASHINGTON, D.C. - Chevron Corp. on May 15 filed a brief in the U.S. Supreme Court arguing that, with regard to the petition for writ of certiorari filed by a group of Ecuadorian residents and their attorney who challenge a fraud ruling with regard to an $18.5 billion judgment they previously won against...

Mealey's Litigation Procedure - Legal Conclusions Out, Rest Of Testimony In, Judge Says In Coverage Row

MOBILE, Ala. - The legal nature of the opinions of one expert witness for an insurer in a coverage dispute over underlying trademark infringement claims precludes the expert from testifying about such opinions, but the expert's other opinions, and those of a second expert for the insurer, are admissible...

Mealey's Litigation Procedure - Summary Judgment Denied In Medical Record Charges Class Suit

ROCHESTER, N.Y. - A New York federal judge on May 15 denied a motion for partial summary judgment and response in opposition to a class certification motion filed by one of four defendants in a proposed class complaint alleging overcharging of patients for copies of their medical records (Ann McCracken...

Mealey's Litigation Procedure - D.C. Circuit Upholds Legality Of Deal Settling Indian Farmers' Bias Claims

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on May 16 affirmed in a divided decision that an amendment to a class settlement of discrimination claims by Native American farmers against the U.S. Department of Agriculture, under which money left over after a second round of...

Mealey's Litigation Procedure - Iowa Supreme Court Upholds Class Certification In Suit Over Corn Mill Hazards

DES MOINES, Iowa - The Iowa Supreme Court on May 12 upheld a trial court's certification of two subclasses of homeowners suing a nearby corn processing company for allegedly emitting hazardous chemicals and damaging their use and enjoyment of their properties (Laurie Freeman, et al. v. Grain Processing...

Mealey's Litigation Procedure - ICSID Rejects Venezuela's 4th Request To Disqualify Arbitrator In Treaty Case

WASHINGTON, D.C. - Two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 15 rejected the fourth request filed by the Bolivarian Republic of Venezuela to disqualify an arbitrator in a case filed by two Venezuelan entities who assert violations of a...

Mealey's Litigation Procedure - Expert Testimony Gets In Due To Missed Deadline, Mississippi Federal Judge Rules

HATTIESBURG, Miss. - A Mississippi federal judge on May 15 rejected competing requests to exclude evidence and testimony in an insurance coverage dispute over storm property damage claims, allowing two experts to testify for the property owner and saying laypersons can testify about the period of restoration...

Mealey's Litigation Procedure - ICSID To Hold Merits Hearing In Guinea Mining Rights Arbitration

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 16 announced that it will hold a hearing on jurisdiction and the merits in an arbitration commenced by a Guernsey mining company against the Republic of Guinea in relation to the alleged revocation of mining...

Mealey's Litigation Procedure - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence...

Mealey's Litigation Procedure - Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue

NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in...

Mealey's Litigation Procedure - Federal Judge Refuses To Compel Insurer To Produce Discovery In Coverage Dispute

WILLIAMSPORT, Pa. - A Pennsylvania federal judge on May 12 denied a modular home builder insured's motions to compel discovery and for sanctions in a commercial general liability insurer's declaratory judgment action disputing coverage for underlying faulty workmanship claims against the insured...

Mealey's Litigation Procedure - Reinsurer Seeks Discovery On Post-Complaint Documents Relating To Coverage Issues

SYRACUSE, N.Y. - In an asbestos coverage dispute, a reinsurer on May 15 asked a New York federal court to reconsider a discovery ruling and to compel an insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance...

Mealey's Litigation Procedure - Panel Affirms Dismissal Of Securities Class Action For Failure To Plead Scienter

BOSTON - A federal district court judge did not err in dismissing a shareholder class action lawsuit because the lead plaintiff failed to plead scienter in making its federal securities law claims against a drug maker and certain of its executive officers, a First Circuit U.S. Court of Appeals panel...

Mealey's IP/Tech - D.C. Circuit Dismisses Backpage.com CEO's Appeal Of Senate Subpoena As Moot

WASHINGTON, D.C. - Because a U.S. Senate subcommittee no longer seeks to enforce an investigatory document productions subpoena on Backpage.com LLC, a District of Columbia U.S. Circuit Court of Appeals panel on May 16 dismissed an appeal of an enforcement order brought by the firm's chief executive...

Mealey's Litigation Procedure - Judge Declines To Strike Expert's Interest Analysis For Tribe's ERISA Claims

BAY CITY, Mich. - If an Indian tribe prevails on its claim that its health care plan administrator violated the Employee Retirement Income Security Act by charging hidden fees and pursues prejudgment interest, its expert on calculating the interest amount can offer his analysis at trial, a Michigan federal...

Mealey's Litigation Procedure - Class Suit Accusing Hershey Of Under-Filling Candy Boxes Survives Dismissal Motion

JEFFERSON CITY, Mo. - A Missouri federal judge on May 16 denied The Hersey Co.'s motion to dismiss a proposed class complaint accusing it of deceiving customers by selling certain candies in slack-filled opaque cardboard boxes (Robert Bratton, et al. v. The Hershey Company, No. 16-432, W.D. Mo.,...

Mealey's Litigation Procedure - Costco FCRA Disclosure Class Suit Is Sent Back To State Court

SEATTLE - A Washington federal judge on May 16 remanded a class suit accusing Costco Wholesale Corp. of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants, finding that a lack...

Mealey's Litigation Procedure - Michigan Governor, Employees Say They Are Immune From Flint Water Crisis Lawsuit

DETROIT - Michigan Gov. Rick Snyder and a group of state employees on May 17 filed a brief in Michigan federal court in support of a renewed motion to dismiss the lawsuit filed against them by residents of Flint, Mich., related to the lead-contaminated water crisis, contending that they are immune from...

Mealey's Litigation Procedure - Elements Of Securities Law Claim Properly Pleaded, GoPro Investor Says

OAKLAND, Calif. - Dismissal of an amended securities class action complaint is not proper because the lead plaintiff in the action has properly pleaded an actionable misrepresentation or omission, scienter and loss causation, the lead plaintiff argues in a May 15 opposition brief (Anton Bielousov v....

Mealey's Litigation Procedure - Artist's Wife's Testimony Excluded As Unreliable In Copyright Infringement Case

ATLANTA - A restaurant owner was awarded summary judgment in Georgia federal court on May 18 on an artist's copyright infringement claims over a drawing he did of the restaurant, with the artist also losing his bid to have his wife testify as an expert witness (Floyd Anthony Fey v. Panacea Management...

Mealey's Litigation Procedure - Consumer Class Again Certified In Target Data Breach Class Action

MINNEAPOLIS - After previous settlement in a class over the 2013 Target Corp. data breaches was rejected by the Eighth Circuit U.S. Court of Appeals, a Minnesota federal judge on May 17 granted a renewed certification motion by a class of consumers whose personally identifiable information (PII) was...

Mealey's Litigation Procedure - Judge: Pension Fund Cured Scienter Pleading Deficiency Against Company, CEO

SAN FRANCISCO - In granting in part and denying in part a motion to dismiss, a federal judge in California on May 17 held that a pension fund has cured its pleading deficiencies and properly shown that a semiconductor producer and its CEO acted with the requisite scienter in misrepresenting the company's...

Mealey's Litigation Procedure - Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims

PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones,...

Mealey's Litigation Procedure - Newspaper's FOIA Suit Over Officers' Mug Shots Denied Certiorari

WASHINGTON, D.C. - In its May 22 order list, the U.S. Supreme Court denied a newspaper's petition for certiorari over privacy rights connected to Freedom of Information Act (FOIA) requests for booking photos, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found an FOIA exemption...

Mealey's Litigation Procedure - Split 9th Circuit Panel Rejects Remand To Narrow Class Definition

SAN FRANCISCO - Plaintiffs may not seek to narrow a class to escape federal jurisdiction after a complaint has already been properly removed to federal court, a split Ninth Circuit U.S. Court of Appeals panel ruled May 18 (Broadway Grill, Inc. v. Visa Inc., et al., No. 17-15499, 9th Cir., 2017 U.S. App...