LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Judge Refuses To Remand Construction Defects Suit, Trims Claims

    LAS VEGAS - A proposed class of Nevada homeowners who are suing the builder and developer of allegedly defective homes must pursue their claims in federal court and cannot seek damages for strict liability and breach of implied warranty under Nevada Revised Statute (NRS) Chapter 116.4114, a federal judge ruled Nov. 27 (Brittany Lopez, et al. v. U.S. Homes Corporation, et al., No. 16-cv-01754-GMN-CWH, D. Nev.; 2016 U.S. Dist. LEXIS 163571).

    Mealey's Litigation Procedure - ICSID Issues 1st Order In Treaty Dispute Over Mining Project Filed Against Romania

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 29 issued its first procedural order in an arbitration brought by a Canadian resource company against Romania over a gold and silver project, establishing the procedural rules of the case (Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania, No. ARB/15/31, ICSID).

    Mealey's Litigation Procedure - Illinois Federal Judge Trims Claims In Protein Supplement Labeling Suit

    CHICAGO - An Illinois federal judge on Nov. 28 partially granted a motion to dismiss filed by a nutritional supplement manufacturer in a class complaint in which the company is accused of falsely labeling its whey protein supplements (Ryan Porter, et al. v. NBTY, Inc., et al., No. 15-11459, N.D. Ill.; 2016 U.S. Dist. LEXIS 163352).

    Mealey's Litigation Procedure - Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit

    CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing Inc. d/b/a NDY MFG Inc. v. Pride Solutions LLC and May Wes Manufacturing, No. 13-3418, N.D. Ill.; 2016 U.S. Dist. LEXIS 163756).

    Mealey's Litigation Procedure - Suit Over 'Natural' Products To Be Remanded After Class Scope Is Clarified

    SAN FRANCISCO - A California federal judge on Nov. 28 agreed to send a class complaint alleging false promotion of cleaning and personal care products as "natural" back to state court after the lead plaintiff amends his complaint to clarify that the scope of the class is limited to California residents (Carlo Labrado v. Method Products, PBC, No. 16-5905, N.D. Calif.; 2016 U.S. Dist. LEXIS 163718).

    Mealey's Litigation Procedure - Injured Pipeline Protesters Sue County, City Police Over Clash At Bridge

    BISMARCK, N.D. - County and city police officers who "unleashed a violent, unjustified, and unprovoked physical attack" on Dakota Access Pipeline (DAP) protestors should be stopped from using excessively violent means of crowd control and should pay for injuries they inflicted on the protesters, a group of protesters, including several Native Americans, assert in a Nov. 28 class complaint and motion for a temporary restraining order (TRO) filed in North Dakota federal court (Vanessa Dundon, et al. v. Kyle Kirchmeier, et al., No. 16-406, D. N.D.).

    Mealey's Litigation Procedure - Lawyer In File-Sharing Case Again Sanctioned For Discovery Violations

    EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions to be civil contempt and sanctioned him in amount equivalent to the defendant's remaining costs related to the misconduct (Lightspeed Media Corp. v. Anthony Smith, et al., No. 3:12-cv-00889, S.D. Ill.; 2016 U.S. Dist. LEXIS 162981).

    Mealey's Litigation Procedure - Reinsurer Says It May Need To Depose 20 Current And Former Insurance Employees

    SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Nov. 28 to intervene in a number of discovery disputes with an insurer, notably asking that the court allow it to depose up to 20 current and former employees and agents of the insurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).

    Mealey's Litigation Procedure - Policyholder Is Entitled To Documents Sought In Contamination Dispute

    BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 23 granted an insured's motion to compel the production of documents in an environmental contamination coverage dispute after determining that the insured has shown a need for the requested documents and that the request was not overly burdensome (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 16-2778, E.D. N.Y.; 2016 U.S. Dist. LEXIS 162783).

    Mealey's Litigation Procedure - ICSID Releases Order On Hearings In Costa Rican Development Arbitration

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 28 released a fifth procedural order in relation to the organization of upcoming hearings in an arbitration commenced by investors in a residential development project against the Republic of Costa Rica (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).

    Mealey's Litigation Procedure - Class Complaint Alleges Phone Maker, Software Firm Shared Personal Information

    MIAMI - In a putative class complaint filed Nov. 22 in Florida federal court, a smartphone owner alleges that his phone's manufacturer and a firmware provider violated privacy and warranty laws by intercepting and transmitting his personal information without authorization to a Chinese server (Aaron Bonds v. Blu Products Inc., et al., No. 1:16-cv-24892, S.D. Fla.).

    Mealey's Litigation Procedure - Illinois Federal Judge Sends Class Hacking Suit Back To State Court

    EAST ST. LOUIS, Ill. - A class suit accusing an accounting firm of failing to safeguard individuals' personal information after an email account was hacked belongs in state court because the firm failed to provide evidence supporting its prediction that the unidentified amount in controversy exceeds the Class Action Fairness Act's (CAFA) threshold, an Illinois federal judge ruled Nov. 22 (Jennifer Bohnenstiehl, et al. v. McBride, Lock, and Associates, LLC, No. 16-306, S.D. Ill.; 2016 U.S. Dist. LEXIS 161900).

    Mealey's Litigation Procedure - Viacom Seeks Judgment On Remanded Intrusion Claim Over Nickelodeon Websites

    NEWARK, N.J. - In a Nov. 22 reply brief in New Jersey federal court, Viacom Inc. argues that it is entitled to summary judgment on the sole remaining intrusion upon seclusion claim in a remanded putative class action over purported collection of personally identifiable information (PII) from minors because the evidence clearly shows that it did not collect any "real-world identifying details" about users of its Nickelodeon websites (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).

    Mealey's Litigation Procedure - 11th Circuit: Federal Jurisdiction Remains Under CAFA Even Without Class

    ATLANTA - A federal trial court erred when it ruled that the Class Action Fairness Act (CAFA) does not vest a federal court with original jurisdiction over state law claims after the class claims are dismissed, an 11th Circuit U.S. Court of Appeals panel ruled Nov. 22 (Wright Transportation, Inc. v. Pilot Corporation, et al., No. 15-15184, 11th Cir.; 2016 U.S. App. LEXIS 20937).

    Mealey's Litigation Procedure - Judge Orders Volkswagen To Pay Class Members Despite Attorney Liens

    SAN FRANCISCO - A California federal judge on Nov. 22 ordered Volkswagen Group of America Inc., Volkswagen AG, Audi of America LLC and Audi AG (collectively, Volkswagen) to pay class members in the clean diesel multidistrict litigation their settlement compensation directly, despite notification of liens placed by attorneys on their clients' recovery and invoked his authority under the All Writs Act to enjoin any state court proceedings regarding the attorneys' lien (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, No. 15-2672, N.D. Calif.; 2016 U.S. Dist. LEXIS 162339).

    Mealey's Litigation Procedure - Bank, Payment Processing Subsidiary Settle RICO Class Suit For $37.5M

    PHILADELPHIA - A Pennsylvania federal magistrate judge on Nov. 21 granted final approval of a $37.5 million settlement to be paid by Zions National Bank and its former payment processing subsidiary to end a class complaint accusing the companies of knowingly processing payments for fraudulent telemarketers (Reynaldo Reyes, et al. v. Zions First National Bank, et al., No. 10-345, E.D. Pa.).

    Mealey's Litigation Procedure - Texas Federal Judge Withholds Ruling On Proposed $8.8 Million ERISA Class Action Settlement

    FORT WORTH, Texas - A Texas federal judge on Nov. 18 withheld ruling on a plaintiffs' motion for conditional certification and preliminary approval of an $8.8 million Employee Retirement Income Security Act class action settlement, saying that he did not have enough information to conclude that the proposed settlement should be approved as being fair, reasonable and adequate to the members of the proposed class (Salvador Ortiz, et al. v. American Airlines Inc., et al., No. 4:16-cv-151, N.D. Texas; 2016 U.S. Dist. LEXIS 160588).

    Mealey's Litigation Procedure - DuPont Says It Should Not Be Forced To Disclose Documents In C8 Injury Litigation

    COLUMBUS, Ohio - E.I. du Pont de Nemours and Co. on Nov. 21 filed a brief in the perfluorooctanoic acid (known as C8) injury multidistrict litigation, arguing that the MDL court should deny the plaintiffs' motion to compel the production of underlying data the company used to create witness summaries for a cancer registry used in the first bellwether trial (In re E.I. du Pont de Nemours and Co. C8 Personal Injury Litigation, MDL No. 2433, No. 13-2433, S.D. Ohio).

    Mealey's Litigation Procedure - Ashley Madison Members Oppose Dismissal Of Data Breach Class Action

    ST. LOUIS - In a Nov. 18 brief filed in Missouri federal court, the lead plaintiffs in a lawsuit against the operator of the Ashley Madison website oppose dismissal of their putative class action over a 2015 data breach that exposed their personal information, contending that they never assented to an arbitration clause within the site's terms and conditions (T&C) (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).

    Mealey's Litigation Procedure - Medical Examiner's Opinion Shows Death By Gunshots, Texas Appeals Panel Finds

    CORPUS CHRISTI, Texas - Expert testimony by a medical examiner showed that a defendant's fired gunshots, along with a victim's genetic medical condition, caused the victim's death, a Texas appeals panel ruled Nov. 17, also holding that accomplice witness testimony corroborated by evidence supported the finding that the defendant committed the alleged offense (Johnny Juarez v. The State of Texas, No. 13-15-00248, Texas App., 13th Dist.; 2016 Tex. App. LEXIS 12299).

    Mealey's Litigation Procedure - Summary Judgment For Purina Is Granted In Alleged Toxic Pet Food Case

    SAN FRANCISCO - A California federal judge on Nov. 17 granted a summary judgment motion filed by Nestle Purina Petcare Co. and ordered the file closed in a proposed class complaint accusing the pet food maker of using toxic substances in its Beneful brand dog food (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 15-569, N.D. Calif.; 2016 U.S. Dist. LEXIS 159569).

    Mealey's Litigation Procedure - New York Federal Judge Recommends Settlement Of Flushable Wipes Suits

    NEW YORK - A New York federal judge issued a memorandum on Nov. 18 recommending that the parties in six individual class action lawsuits addressing sewage issues caused by flushable wipes consider settlement (D. Joseph Kurtz, et al. v. Kimberly-Clark Corporation, et al., No. 14-1142, Anthony Belfiore, et al. v. The Procter & Gamble Company, No. 14-4090, Desmond R. Armstrong, et al. v. Costco Wholesale Corporation, et al., No. 15-2909, Gladys Honigman, et al. v. Kimberly-Clark Corporation, No. 15-2910, Steven and Ellen Palmer, et al. v. CVS Health, et al., No. 15-2928, Eugene and Victoria Richard, et al. v. Wal-Mart Stores, Inc., et al., No. 15-4579, E.D. N.Y.; 2016 U.S. Dist. LEXIS 160363).

    Mealey's Litigation Procedure - New York Attorney General: Trump University Will Pay $25M To Settle Fraud Claims

    NEW YORK - New York Attorney General Eric T. Schneiderman on Nov. 18 announced that a $25 million settlement had been reached ending claims that Trump University - which was owned by President-elect Donald Trump and marketed itself as a university to train, educate and mentor entrepreneurs involved in real estate investing - was actually a sham and defrauded its students out of millions of dollars.

    Mealey's Litigation Procedure - 3rd Circuit: Opt-In Plaintiffs Lack Standing To Appeal Collective Action Ruling

    PHILADELPHIA - Three hospital employees who opted in to the second round of wage litigation against their employer have no standing to appeal the trial court's denial of collective action certification after the lead named plaintiff settled his individual claims, a Third Circuit U.S. Court of Appeals panel ruled Nov. 18 (Steven Halle, et al. v. West Penn Allegheny Health System Inc., et al., No. 15-3089, 3rd Cir.; 2016 U.S. App. LEXIS 20655).

    Mealey's Litigation Procedure - Appellate Panel Says New York Is Correct Place For Reinsurance Arbitration

    NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 16 affirmed a lower court ruling that a reinsurance dispute should be arbitrated in New York and not London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 16-306, 2nd Cir.; 2016 U.S. App. LEXIS 20529).