LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Unfair Competition Claim Over Google AdWords Program Again Dismissed

    SAN JOSE, Calif. - A small business owner who sued Google LLC over alleged misrepresentations about click fraud in its AdWords program, saw his claims of false advertising and unfair competition dismissed a second time Feb. 20, with a California federal judge finding that the plaintiff failed to plead the necessary economic injury to support his claims (Gurminder Singh v. Google LLC, No. 5:16-cv-03734, N.D. Calif., 2018 U.S. Dist. LEXIS 27111).

    Mealey's Litigation Procedure - Judge Finds Carwash Charges Were Deceptive, Refuses To Dismiss UCL Class Claims

    SANTA ANA, Calif. - A California federal judge on Feb. 20 refused to dismiss a carwash customer's class action claims for violations of California's unfair competition law (UCL) and other California laws, finding that a carwash owner's failure to disclose that its customers who declined to be signed up for a monthly service would automatically be signed up anyway was misleading and deceptive (Dan DeForest, et al. v. Pepper Tree Inc., et al., No. 17-02092, C.D. Calif., 2018 U.S. Dist. LEXIS 26937).

    Mealey's Litigation Procedure - Casino Will Issue Settlement Checks To End Fan Club Members' Excessive Fees Claims

    MIAMI - A Florida federal judge on Feb. 20 granted final approval to a settlement by a Florida casino to issue $15 or $30 settlement checks to fan club members to end a class complaint alleging that the casino charged excessive fees to those members who placed a winning buy bet in certain machines while playing craps (Daniel A. Brna, et al. v. Isle of Capri Casinos Inc., et al., No. 17-60144, S.D. Fla., 2018 U.S. Dist. LEXIS 26662).

    Mealey's Litigation Procedure - Consumer Sufficiently Alleges Direct Fraud Against Tax Prep Franchisor, Subsidiary

    LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct fraud by the franchisor and its subsidiary (Luis Lomeli v. Jackson Hewitt, Inc., et al., No 17-02899, C.D. Calif., 2018 U.S. Dist. LEXIS 27087).

    Mealey's Litigation Procedure - AT&T, Time Warner Denied Discovery Of DOJ Privilege Logs In Antitrust Suit

    WASHINGTON, D.C. - AT&T Inc. and Time Warner Inc. were denied discovery of certain privilege logs listing governmental communications over their proposed merger from the U.S. Department of Justice (DOJ) on Feb. 20, when a District of Columbia federal judge found that the companies failed to establish evidence of the DOJ's selective enforcement of antitrust claims against them to justify such discovery (United States v. AT&T Inc., et al., No. 1:17-cv-02511, D. D.C., 2018 U.S. Dist. LEXIS 27004).

    Mealey's Litigation Procedure - Judge Finds Majority Of Claims Against Composite Deck Maker Are Untimely

    BOSTON - A federal judge in Massachusetts on Feb. 15 dismissed breach of implied warranty claims brought by three of four leading plaintiffs in a class action suit over allegedly faulty composite decking that prematurely swells and cracks, finding that the claims were untimely because they accrued at the time the plaintiffs discovered the defects (Anthony Pagliaroni, et al. v. Mastic Home Exteriors Inc., et al., No. 12-10164-DJC, D. Mass., 2018 U.S. Dist. LEXIS 250096).

    Mealey's Litigation Procedure - Interlocutory Appeal Denied In Stolen Data Suit Against Intuit

    SAN JOSE, Calif. - Plaintiffs alleging negligence by Intuit Inc. related to incidents of fraudulent tax return filings were denied the opportunity to pursue an interlocutory appeal of an order compelling arbitration on Feb. 16, when a California federal judge concluded that an appeal would not serve to advance resolution of the case (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).

    Mealey's Litigation Procedure - Ukraine Claims Russia Violated Maritime Rights In New PCA Arbitration

    KYIV, Ukraine - The Foreign Ministry of Ukraine on Feb. 19 announced that it has commenced arbitration against the Russian Federation with the Permanent Court of Arbitration (PCA), alleging that it has violated its maritime rights.

    Mealey's Litigation Procedure - Uber Driver Class Certified In Suit Over 'Upfront Pricing'

    SAN FRANCISCO - A California federal judge in an order filed Feb. 16 certified a class of drivers suing Uber Technologies Inc. and its subsidiary Rasier LLC (collectively, Uber) for changing the pricing policy in 2016 and keeping a larger percentage of each fare, allegedly violating its agreement with the drivers (Martin Dulberg, et al. v. Uber Technologies, Inc., et al., No. 17-850, N.D. Calif., 2018 U.S. Dist. LEXIS 26222).

    Mealey's Litigation Procedure - Allergan Reports It Settled TNS Cosmeceuticals Case Ahead Of Class Motion

    SANTA ANA, Calif. - Allergan plc and subsidiary SkinMedica on Feb. 16 said they settled a purported class action lawsuit alleging that certain "cosmeceuticals" contain undeclared and unapproved human growth factors (Josette Ruhnke, et al. v. SkinMedica, Inc., et al., No. 14-420, C.D. Calif.).

    Mealey's Litigation Procedure - Supreme Court Won't Hear Foot Locker Pension Plan Charges Appeal

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by Foot Locker Inc. asking the high court to decide whether a class of pension plan participants could be certified in a case alleging violations of the Employee Retirement Income Security Act when Foot Locker failed to disclose a temporary freezing of benefits after the Foot Locker Retirement Plan was transitioned to a cash-balance plan (Foot Locker, Inc., et al. v. Geoffrey Osberg, et al., No. 17-690, U.S. Sup.).

    Mealey's Litigation Procedure - U.S. High Court Reverses 6th Circuit Ruling On Retirees' Lifetime Benefits

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 issued a per curiam decision in an appeal over retiree's health care benefits and reversed a ruling by a Sixth Circuit U.S. Court of Appeals panel majority for the retirees, referencing a dissenting opinion that called the decision "Yard-Man [UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983)] re-born, re-built, and re-purposed for new adventures" (CNH Industrial N.V., et al. v. Jack Reese, et al., No. 17-515, U.S. Sup.).

    Mealey's Litigation Procedure - Supreme Court Vacates, Remands Jurisdiction Issue In Oklahoma Asbestos Case

    WASHINGTON, D.C. - The Supreme Court on Feb. 20 vacated a ruling finding jurisdiction in Oklahoma over a Texas-based asbestos defendant and the resulting $6 million verdict and remanded the case for further consideration in light of recent precedent on the issue. In its petition, the drywall materials company had portrayed the Oklahoma court's ruling as "indefensible" and argued that it evidenced the state's continuing disregard for Supreme Court precedent (Murco Wall Products Inc. v. Michael D. Galier, No. 17-733, U.S. Sup.).

    Mealey's Litigation Procedure - PCA Holds Merits Hearing In Arbitration Over Russian Banking Operations

    THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Feb. 19 said it has completed a hearing on the merits of an arbitration commenced by two financial institutions against the Russian Federation pursuant to the United Nations Commission on International Trade Law (UNCITRAL) (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

    Mealey's Litigation Procedure - Financial Institutions Defend Attorney Fees Award In Home Depot Data Breach Suit

    ATLANTA - In a Feb. 16 brief to the 11th Circuit U.S. Court of Appeals, a group of financial institutions (FIs) that achieved a successful settlement of their claims related to the 2014 Home Depot Inc. data breach oppose the home improvement chain's appeal of a subsequent $15.3 million attorney fees award, calling the amount reasonably calculated and in line with the efforts undertaken by class counsel (Northeastern Engineers Federal, et al. v. Home Depot Inc., et al., No. 17-14741, 11th Cir.).

    Mealey's Litigation Procedure - Fired Employee May Conduct Discovery Into Confidential Data Breach Suit Documents

    PHOENIX - Granting a joint discovery resolution motion filed by the parties in a wrongful termination suit, an Arizona federal magistrate judge on Feb. 14 found that an employee who was purportedly terminated for whistleblowing related to data breaches experienced by his former employer was entitled to conduct discovery into why documents related to lawsuits over those breaches were designated as confidential (Miguel Corzo v. Maricopa County Community College District, et al., No. 2:15-cv-02552, D. Ariz.).

    Mealey's Litigation Procedure - Supreme Court Declines To Consider Data Breach Article III Standing Appeal

    WASHINGTON, D.C. - In its Feb. 20 order list, the U.S. Supreme Court denied a petition for certiorari by a health insurer that argued that the District of Columbia Circuit U.S. Court of Appeals did not apply the proper actual or imminent harm standing in determining class members' standing under Article III of the U.S. Constitution related to the exposure of their personally identifiable information (PII) in a 2014 data breach (CareFirst Inc., et al. v. Chantal Attias, et al., No. 17-641, U.S. Sup., 2018 U.S. LEXIS 1356).

    Mealey's Litigation Procedure - U.S. High Court Declines Appeal On FCC's Opt-Out Notice For Solicited Faxes

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari that was filed by corporations that were intervenors on the side of the Federal Communications Commission in proceedings below and that challenged a decision by a split District of Columbia Circuit U.S. Court of Appeals panel that held that the FCC's 2006 Solicited Fax Rule was unlawful to the extent that it required opt-out notices on solicited faxes and vacated an FCC order filed in response to a request for a declaratory ruling filed by a generic drug company that was the defendant in a $150 million class complaint (Bais Yaakov of Spring Valley, et al. v. Anda, Inc., et al., No. 17-351, U.S. Sup.).

    Mealey's Litigation Procedure - Cert Denied For Ruling On Causation Expert In Nuclear Facility Injury Case

    WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for a writ of certiorari filed by 137 residents of a Pennsylvania town who say that illegal releases of radioactive materials from a nearby plant caused their cancers and the deaths of their family members and that a federal appeals court erred in ruling on the admissibility of expert testimony in their case (Michelle McMunn, et al. v. Babcock & Wilcox Power Generation Group, Inc., et al., No. 17-907, U.S. Sup.).

    Mealey's Litigation Procedure - Class: Life Insurer, Private Investment Firm Unlawfully Raised Prices In Policies

    NEW YORK - A life insurer and a private investment firm, which acquired the insurer, unlawfully increased the cost of premiums to recoup costs associated with the acquisition, among other reasons, plaintiffs allege in a Feb. 13 class action filed in a New York federal court (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).

    Mealey's Litigation Procedure - Florida Appeals Panel Reinstates $2 Million Tobacco Verdict

    WEST PALM BEACH, Fla. - A panel of Florida's Fourth District Court of Appeal on Feb. 14 affirmed a trial court's decision to allow a plaintiff's expert to testify and reinstated the full $2 million verdict in an Engle progeny suit after finding that the court erred by reducing the award based on comparative fault (Philip Morris USA Inc., et al. v. Robert A. Gore Sr., No. 4D15-3892, Fla. App., 4th Dist., 2018 Fla. App. LEXIS 2274).

    Mealey's Litigation Procedure - Federal Judge Grants Class Certification In NYU Retirement Plan Dispute

    NEW YORK - A New York federal judge on Feb. 13 granted a motion for class certification in a lawsuit alleging that New York University (NYU) breached its duty of prudence under the Employee Retirement Income Security Act in its administration and management of its retirement plan (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 16-6284, S.D. N.Y., 2018 U.S. Dist. LEXIS 23540).

    Mealey's Litigation Procedure - 2nd Circuit Denies Petition For Appeal Of Class Certification Grant

    NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 13 denied a retirement plan's administrative and investment committees' petition for permission to appeal the grant of class certification in a breach of fiduciary duty case in which the investors claim that the defendants selected company-affiliated mutual funds as plan investments rather than other better-performing mutual funds, finding that immediate appeal is unwarranted (Marya J. Leber v. Citigroup, Inc., et al., No. 07-9329, 2nd Cir.).

    Mealey's Litigation Procedure - Mining Firm Replies To Indonesia In ICSID Annulment Case; Hearing Set

    WASHINGTON, D.C. - An English mining company on Feb. 16 said it has filed a reply to Indonesia's opposition to a case in which the company seeks to annul an award issued by the International Centre for Settlement of Investment Disputes (ICSID), which dismissed its treaty claims related to a coal mining project (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

    Mealey's Litigation Procedure - Expert's Prior Exclusion Not Relevant To Admissibility Inquiry, Magistrate Says

    NEW YORK - A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert's testimony (Craig Thomas v. YRC Inc., et al., No. 16-cv-6105, S.D. N.Y., 2018 U.S. Dist. LEXIS 24384).