LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Excessive Taxes Class Suit Dismissed For Failure To State A Claim

NEW YORK - A New York federal judge on Feb. 14 dismissed a class suit accusing a retailer of charging excessive taxes on purchases where coupons are used, holding that the New York Tax Commission has the exclusive responsibility for examining those types of claims (Susan Kupferstein, et al. v. The TJX...

Mealey's Litigation Procedure - Judge Finds Fact Issue On Police Officer's Liability With Admission Of Expert Opinions

MADISON, Wis. - Based on admitted opinions from police practices experts and forensic pathology experts, a Wisconsin federal judge ruled Feb. 13 that what happened between a police officer and a deceased man is "sharply and genuinely disputed" and thus, whether the officer's use of force...

Mealey's Litigation Procedure - Request To Reopen Discovery Denied In Pom Wonderful MDL

LOS ANGELES - A California federal judge on Feb. 14 denied a request to reopen discovery, in an effort by plaintiffs to support a renewed motion for class certification, in a multidistrict litigation challenging the marketing of pomegranate juice, finding that the plaintiffs failed to demonstrate diligence...

Mealey's Litigation Procedure - Judge Denies Objection, Says Magistrate Judge's Discovery Order Was Proper

SALT LAKE CITY - A federal judge in Utah on Feb. 13 denied an insolvent insurer's objection to a magistrate judge's order compelling discovery of certain categories of information sought by a group of the insolvent insurer's former directors and officers (Western Insurance Company v. Dick...

Mealey's Litigation Procedure - Lenovo Spyware Class Defends Standing To Bring New York Consumer Claim

SAN JOSE, Calif. - Opposing a motion for partial dismissal by computer manufacturer Lenovo (United States) Inc. in a Feb. 10 brief, the plaintiffs in a class action over purported laptop spyware told a California federal court that they had standing to bring a New York law deceptive acts claim based...

Mealey's Litigation Procedure - Judge: Claims Processor Must Not Contact Nuclear Waste Settlement Class Members

DENVER - A federal judge in Colorado on Feb. 14 ordered a third-party claims-processing company to cease communications with members of a settlement class in connection with a $375 million deal between residents and Dow Chemical Co. related to injuries suffered from exposure to nuclear waste (Merilyn...

Mealey's Litigation Procedure - 10th Circuit: 'Extreme' Destruction Of Trade Secret Evidence Warrants Sanction

WASHINGTON, D.C. - The International Trade Commission (ITC) properly barred a Turkish company from importing products using opaque paint polymers into the United States for 25 years - the harshest sanction possible - as punishment for destroying computer evidence in violation of a discovery order in...

Mealey's Litigation Procedure - Judge: Securities Investment Adviser's Opinion On Mortgage Lending Practices Is Barred

RALEIGH, N.C. - Excluding a securities investment adviser's testimony because he is not qualified as an expert on mortgage lending practices and policies, a North Carolina federal judge ruled Feb. 14 that genuine issues of fact exist concerning negligence, breach of fiduciary duty and bad faith claims...

Mealey's Litigation Procedure - Judge Dismisses Case Against UAE Company, Rejects Alter-Ego Theory

TACOMA, Wash.- A Washington federal judge on Feb. 14 granted a motion filed by a United Arab Emirates (UAE) company and another entity to dismiss claims related to an underlying dispute under a medical services software agreement, finding that removal of the case was proper because it related to an international...

Mealey's Litigation Procedure - Dana Gas Says London Arbitral Tribunal Issued Award Against Kurdistan

SHARJAH, United Arab Emirates - A United Arab Emirates gas company on Feb. 14 announced that a London tribunal has issued an award in its favor, finding that the Kurdistan Regional Government of Iraq (KRG) breached an underlying agreement and delayed its progress in completing a project.

Mealey's Litigation Procedure - Illinois Federal Judge Won't Exclude Expert In Case About Bone-Lengthening Device

CHICAGO - An Illinois federal judge on Feb. 15 denied a motion by an orthopedic device manufacturer to exclude the testimony of a plaintiff expert about an alleged flaw in the device (Timothy Bellas v. Orthofix, Inc., No. 14-9623, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 21166).

Mealey's Litigation Procedure - Judge Finds Proposed Class Has Standing To Sue Over Defeat Devices

BAY CITY, Mich. - A federal judge in Michigan on Feb. 14 granted in part and denied in part a motion to dismiss a class action lawsuit of purchasers of 2015 Chevrolet Cruze diesel vehicles that contained a defeat device designed to cheat emissions tests, finding that the plaintiffs had standing and that...

Mealey's Litigation Procedure - Judge Says Trade Secret Damages Valuation Expert Testimony Will Be Allowed

DETROIT - A federal judge in Michigan on Feb. 13 adopted a special master's recommendation that the testimony of a certain expert should not be excluded from a trade secrets damages suit (MSC.Software Corporation v. Altair Engineering, Inc., et al., No. 07-cv-12807, E.D. Mich., 2017 U.S. Dist. LEXIS...

Mealey's Litigation Procedure - Investor Failed To Show Lack Of Disclosures Violated Securities Act, Judge Rules

NEW YORK - A lead plaintiff in a securities class action lawsuit against a business intelligence and marketing automation software service provider, certain of its executive officers and underwriters of the company's initial public offering (IPO) failed to show that the defendants violated federal...

Mealey's Litigation Procedure - Judge Restricts Expert From Testifying On Legal Conclusion To Detective's Probable Cause

TAMPA, Fla. - An expert may testify as to his knowledge of police procedures and investigative techniques and whether they were followed by a detective in his mortgage fraud investigation of a married couple, a Florida federal judge ruled Feb. 16; however, the expert may not testify as to the ultimate...

Mealey's Litigation Procedure - Court Affirms Injury To Child Conviction, Finds Testimony On Head Trauma Reliable

AUSTIN, Texas - Expert testimony from three medical doctors on the subject of abusive head trauma was reliable, the Texas Court of Criminal Appeals ruled Feb. 15, upholding a woman's conviction in a bench trial for first-degree-felony injury to a child after an infant under her care sustained serious...

Mealey's Litigation Procedure - United Nations Says Iraq Signs Convention On Transparency In Arbitration

VIENNA - The United Nations on Feb. 14 announced that Iraq has signed the United Nations Convention in Transparency in Treaty-based Investor-State Arbitration.

Mealey's Litigation Procedure - Judge: Investors State No Actionable Misrepresentations In Securities Class Action

HOUSTON - Dismissal of a securities class action lawsuit is proper, a federal judge in Texas ruled Feb. 14, because lead plaintiffs failed to plead any actionable misrepresentations or scienter in arguing that an offshore energy services company and certain of its current and former executive officers...

Mealey's Litigation Procedure - Texas High Court Refuses To Rehear Ruling On Discovery Order In Hailstorm Dispute

AUSTIN, Texas - The Texas Supreme Court refused to revisit its ruling in a hailstorm coverage dispute that directed a lower court to vacate the part of its discovery order compelling production of management reports and emails and to re-evaluate the issue of sanctions against the insurer, according to...

Mealey's Litigation Procedure - Trades Council Appointed Lead Plaintiff In Securities Class Action Lawsuit

SAN FRANCISCO - A shareholder has met all statutory requirements to serve as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain current and former executive officers over their alleged misrepresentations concerning their involvement in a generic drug price...

Mealey's Litigation Procedure - Uber Customer's Gratuity Class Settlement Is Granted Final Approval

SAN FRANCISCO - A California federal judge on Feb. 16 granted final approval of a nearly $344,000 settlement to be paid to a class of Uber Technologies Inc. customers who allege that Uber wrongfully retained a portion of gratuity charges paid by passengers (Caren Ehret, et al. v. Uber Technologies, Inc...

Mealey's Litigation Procedure - 2 Of 4 Wyndham Divisions Dismissed From Hotel Pricing Fraud Class Suit

PITTSBURGH - A Pennsylvania federal judge on Feb. 15 dismissed two of four Wyndham divisions in a class complaint alleging fraud via hidden hotel charges, finding that those two divisions were not provided fair notice (Thomas Luca, Jr. v. Wyndham Worldwide Corp., et al., No. 16-746, W.D. Pa., 2017 U...

Mealey's Litigation Procedure - Russian Railcar Firm Seeks Jurisdictional Discovery Over Trade Secret Defendant

SAN JOSE, Calif. - In conjunction with its pending motion for discovery to establish California jurisdiction over a former employee accused of trade secret violations, a Russian railcar company on Jan. 17 filed a proposed order in California federal court, permitting it to subpoena Google Inc. to obtain...

Mealey's Litigation Procedure - Indian Firm Initiates Arbitration Against Industrial Development Authority

NOIDA, India - An Indian toll bridge company on Feb. 17 said it has initiated arbitration proceedings against a development authority, asserting claims for breach of a concession agreement.

Mealey's Litigation Procedure - Pella Says Plaintiffs' Arguments For Reconsideration Have Already Been Rejected

CHARLESTON, S.C. - Pella Corp. says in an opposition brief filed Feb. 16 that a federal judge in South Carolina should not reconsider his Dec. 12 ruling that plaintiffs' experts' opinions about defects in the company's Architect and Designer Series windows are unreliable because the plaintiffs'...