LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Yahoo Moves To Dismiss Data Breach Class Action For Lack Of Standing

    SAN JOSE, Calif. - A consolidated class action over three announced data breach incidents fails for lack of standing because the plaintiffs have not alleged any resulting injury or damages, Yahoo Inc. says in a May 22 motion in California federal court, seeking dismissal for lack of standing under Article III of the U.S. Constitution, U.S. Const. art. 3 (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).

    Mealey's Litigation Procedure - Class' New York State Wage Claims Are Transferred To California Federal Court

    NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).

    Mealey's Litigation Procedure - Frozen Foods Company Will Pay $4.5 Million To Settle Class Wage Claims

    FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona Frozen Foods, et al., No. 15-93, E.D. Calif., 2017 U.S. Dist. LEXIS 76751).

    Mealey's Litigation Procedure - Ohio Appellate Panel Reverses Class Certification In Traffic Camera Suit

    CLEVELAND - The lead named plaintiff in a class complaint accusing the city of Cleveland of using traffic cameras that violate the notice requirements of Cleveland Codified Ordinances (CCO) 413.031 is precluded from seeking judicial review and does not meet the requisite typicality requirement that would allow her to represent the class, an Eighth District Court of Appeals panel ruled May 18 (Allyson Eighmey v. City of Cleveland, et al., No. 104779, Ohio App., 8th Dist., 2017 Ohio App. LEXIS 1887).

    Mealey's Litigation Procedure - 8th Circuit Reverses, Says Report On Spread Of Fracking Waste Is Reliable

    ST. LOUIS - A federal court wrongly excluded an expert witness for an Arkansas couple accusing a hydraulic fracturing company of trespass and improperly awarded summary judgment to the company based on the couple's lack of sufficient evidence, the Eighth Circuit U.S. Court of Appeals held May 22 in reversing and remanding (Robbie Hill, et al. v. Southwestern Energy Company, et al., No. 15-3458, 8th Cir., 2017 U.S. App. LEXIS 8862).

    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. LEXIS 8711).

    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 protecting certain "embarrassing" facts from disclosure (Detroit Free Press Inc. v. U.S. Department of Justice, No. 16-706, U.S. Sup., 2017 U.S. LEXIS 3246).

    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, et al. v. John Does 1-10, et al., No. 16-1101, 3rd Cir., 2017 U.S. App. LEXIS 8695).

    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 key business metrics as required under federal securities laws (Daniel Luna v. Marvell Technology Group Ltd., et al., No. 15-5447, N.D. Calif., 2017 U.S. Dist. LEXIS 75262).

    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 compromised in the breaches, stating that the required "rigorous analysis" confirmed the adequacy of class representation and revealed no intra-class conflict that would render the settlement unfair (In re: Target Corporation Customer Data Security Breach Litigation, No. 14-2522, D. Minn., 2017 U.S. Dist. LEXIS 75455).

    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 Group LLC, et al., No. 1:16-cv-2851, N.D. Ga., 2017 U.S. Dist. LEXIS 75637).

    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. GoPro Inc., et al., No. 16-6654, N.D. Calif.).

    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 suit (Myia McMillian, et al. v. Governor Richard D. Snyder, et al., No. 16-10796, E.D. Mich.).

    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 of subject matter jurisdiction warranted sending it back to state court and not dismissing it (Julius Terrell v. Costco Wholesale Corp., No. 16-1415, W.D. Wash., 2017 U.S. Dist. LEXIS 74567).

    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., 2017 U.S. Dist. LEXIS 74508).

    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 judge ruled May 16, while also blocking the tribe's request for discovery in the interest rate dispute (Saginaw Chippewa Indian Tribe of Michigan, et al. v. Blue Cross Blue Shield of Michigan, No. 1:16-cv-10317, E.D. Mich., 2017 U.S. Dist. LEXIS 56562).

    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 officer as moot (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232 and 16-5274, D.C. Cir., 2017 U.S. App. LEXIS 8558).

    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 ruled May 12 in affirming the lower court's decision (In re Biogen Inc. Securities Litigation, No. 16-1976, 1st Cir., 2017 U.S. App. LEXIS 8475).

    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 Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

    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 (Westfield Insurance Co. v. Icon Legacy Custom Modular Homes and Icon Legacy, No. 15-00539, M.D. Pa., 2017 U.S. Dist. LEXIS 72624).

    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 New Jersey on May 12 (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).

    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 or whether it simply reiterates the existing framework (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

    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 titles (BSG Resources Limited, BSG Resources [Guinea] Limited and BSG Resources] Guinea] SARL v. Republic of Guinea, No. ARB/14/22, ICSID).

    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 for the property and the owner's loss of income (Corinthian Court Holdings, LLC v. State Farm Fire and Casualty Co., Nos. 2:15-cv-111, 2:16-cv-18, S.D. Miss., 2017 U.S. Dist. LEXIS 73395).

    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 bilateral investment treaty, finding that it failed to show that the arbitrator's assistant is employed by a law firm that allegedly represented interests that were adverse to Venezuela (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).