LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Protective Order, Compel Motions Partly Granted In Accident Coverage Dispute

    OKLAHOMA CITY - In a Feb. 2 discovery order, an Oklahoma federal judge partly granted an injured motorist's motion to compel certain claims and training materials from her employer's insurer, deeming some irrelevant to her underinsured motorist (UIM) claim and finding some to be likely protected by attorney-client privilege (Nickie Amber O'Brien v. Travelers Property Casualty Company of America, et al., No. 5:16-cv-01176, W.D. Okla., 2018 U.S. Dist. LEXIS 17421).

    Mealey's Litigation Procedure - Lead Plaintiff Appointed In Tesla Stock-Drop Investor Class Action

    SAN FRANCISCO - A shareholder was appointed lead plaintiff in a securities class action lawsuit against high-performance electric vehicles manufacturer Tesla Inc. and certain of its current and former executive officers, and his choice of counsel was appointed as lead counsel on Feb. 2 after a federal judge in California ruled that both the shareholder and lead counsel met all requirements to serve in their roles (Gregory Wachos v. Tesla Inc., et al., No. 17-5828, N.D. Calif.).

    Mealey's Litigation Procedure - Drug Maker To Pay Over $17.5M To Settle Claims It Hid Issues With Cancer Drug

    BOSTON - A biopharmaceutical company and certain of its executive officers will pay more than $17.5 million to settle claims that they misrepresented poor clinical trial results for the company's cancer therapy drug tivozanib in violation of federal securities, shareholders claim in a Feb. 2 motion for preliminary approval of settlement filed in Massachusetts federal court (In re AVEO Pharmaceuticals Inc. Securities Litigation, No. 13-11157, D. Mass.).

    Mealey's Litigation Procedure - Bankrupt Reinsurance, Insurance Provider Hit With Suit By Former Employees

    WILMINGTON, Del. - Former employees of a bankrupt insurance and reinsurance services company filed a putative class action complaint on Feb. 1 in the Delaware bankruptcy court, alleging that they were laid off without proper notice under the Workers' Adjustment and Retraining Notice Act (WARN Act) (In re: Patriot National Inc., et al., Chapter 11, No. 18-10189, Michelle L. Cole, et al. v. Patriot National Inc., et al., Adv. Pro. No. 18-5, D. Del. Bkcy.).

    Mealey's Litigation Procedure - Honeywell Will Appeal Temporary Injunction In Early Retirement Benefits Dispute

    MINNEAPOLIS - Honeywell filed a notice of appeal on Jan. 31 in the U.S. District Court for the District of Minnesota, the same day a district court judge issued an amended opinion granting a motion for preliminary injunction filed by a class of retirees seeking to stop the termination of their health care benefits (Augustine Pacheco, et al. v. Honeywell International Inc., No. 17-5048, D. Minn., 2018 U.S. Dist. LEXIS 15699).

    Mealey's Litigation Procedure - D.C. Circuit Allows Hellenic Republic's Appeal Of Order Converting Award

    WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 2 reversed a district court's decision that granted a technology company's request to convert an arbitral award to U.S. dollars based on the currency exchange rate at the time the award was issued in 2013, finding that the award was issued in euros and that all of its previous requests regarding confirmation of the award referenced euros (Leidos Inc., formerly known as Science Applications International Corporation, v. Hellenic Republic, No. 17-7082, D.C. Cir., 2018 U.S. App. LEXIS 2614).

    Mealey's Litigation Procedure - 2nd Circuit Backs Judge's Decision To Bar Expert In Suit Over Saw Injury

    NEW YORK - A Connecticut federal judge did not err in excluding expert testimony for a man's product liability claims against a company that makes saws, the Second Circuit U.S. Court of Appeals held Jan. 31, saying the judge was correct that the expert was not qualified enough to offer his opinions (Eustathios Karavitis v. Makita U.S.A., Inc., No. 17-1008, 2nd Cir., 2018 U.S. App. LEXIS 2328).

    Mealey's Litigation Procedure - New York Court Affirms Refusal To Compel Chinese Arbitration

    BROOKLYN, N.Y. - A New York appeals court on Jan. 31 affirmed a trial court's refusal to compel a breach of contract dispute between clothing makers to arbitration, finding that a U.S. purchaser of the clothing failed to raise its arguments under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards before the lower court (Dongyang Jiutai Clothing Co., Ltd. v Lady Emerald, Inc., No. 2015-09802, N.Y. Sup., App. Div., 2nd Div., 2018 N.Y. App. Div. LEXIS 564).

    Mealey's Litigation Procedure - Outpatient Dialysis Provider To Pay $4M To Settle Stock-Drop Suit

    BOSTON - A provider of outpatient dialysis services will pay $4 million to settle claims that it concealed its involvement in an insurance fraud scheme in violation of federal securities laws, according to a motion for preliminary approval of settlement filed by lead plaintiffs on Jan. 31 in a Massachusetts federal court (Mary Esposito v American Renal Associates Holdings Inc., et al., No. 16-11797, D. Mass.).

    Mealey's Litigation Procedure - Federal Judge Partially Grants Motion To Compel In Premises Liability Suit

    MONTGOMERY, Ala. - A federal judge in Alabama on Feb. 1 partially granted and denied a plaintiff's motion to compel in a premises liability suit and ruled that a company that owns a clinic where a woman fell out of her wheelchair must turn over information related to the plaintiff but that information related to other doctors not involved in her care will not be turned over in discovery (John W. Washington v. Bio-Medical Application of Alabama Inc., No. 2:17-cv-855, M.D. Ala.).

    Mealey's Litigation Procedure - Pennsylvania Federal Judge Allows Class To Add Bad Faith Claim Against Life Insurer

    PHILADELPHIA - In a consolidated class action against a life insurer for breaches of its policies through consideration of lower investment income and higher reinsurance costs, a Pennsylvania federal judge on Feb. 1 allowed the class to amend its complaint to add a tortious breach of good faith and fair dealing claim on behalf of a California sub-class (In re: Lincoln National Co. Litigation, No. 16-06605, E.D. Pa., 2018 U.S. Dist. LEXIS 16355).

    Mealey's Litigation Procedure - 3 Subclasses Certified In ERISA Suit Over Oracle Plan Fees, Investments

    DENVER - A Colorado federal judge on Jan. 30 denied certification of the plaintiffs' proposed class in an Employee Retirement Income Security Act lawsuit accusing Oracle Corp. of making imprudent investments and allowing the collection of excessive fees related to its 401(k) plan but granted certification of more narrow subclasses related to the imprudent investment claims (Deborah Troudt, et al. v. Oracle Corporation, et al., No. 16-175, D. Colo., 2018 U.S. Dist. LEXIS 15151).

    Mealey's Litigation Procedure - D.C. Appeals Panel Says Class Counsel Is Not Entitled To Additional Payment

    WASHINGTON, D.C. - The District of Columbia U.S. Circuit Court of Appeals on Jan. 30 affirmed a district court's finding that class counsel are not entitled to additional fees for locating pension beneficiaries in conjunction with a class action settlement because the terms of the settlement agreement are not ambiguous and clearly provided a 10-year payment period for class counsel (Mary E. Collins, et al. v. Pension Benefit Guaranty Corp., et al., Nos. 16-5310, 16-5318, D.C. Cir., 2018 U.S. App. LEXIS 2282).

    Mealey's Litigation Procedure - Judge Trims Expert's Testimony In Trade Secrets, Patent Dispute Over Antennas

    SHERMAN, Texas - An expert's opinions on the state of mind of defendants in a misappropriation of trade secrets suit and the legal definition of a trade secret are prohibited, although the expert's remaining testimony, as well as that of a second expert regarding damages, is admissible, a Texas federal judge held Jan. 30 (Quintel Technology Ltd. v. Huawei Technologies USA, Inc., et al., No. 4:15-cv-307, E.D. Texas, 2018 U.S. Dist. LEXIS 14485).

    Mealey's Litigation Procedure - Investor Class Certified In Securities Suit Against Medical Technology Company

    MINNEAPOLIS - Shareholders have properly shown that an investor class in a securities class action lawsuit against a medical technology provider and several of its current and former executive officers meets all statutory requirements for certification, a federal judge in Minnesota ruled Jan. 30 in granting class certification, albeit with a shorter class period than proposed (West Virginia Pipe Trades Health & Welfare Fund v. Medtronic Inc., et al., No. 13-1686, D. Minn.; 2018 U.S. Dist. LEXIS 14744).

    Mealey's Litigation Procedure - D.C. Federal Judge: USPTO Satisfied Freedom Of Information Act Request

    WASHINGTON, D.C. - A Freedom of Information Act (FOIA) request for documents relating to the U.S. Patent and Trademark Office (USPTO)'s Sensitive Application Warning System (SAWS) program was adequately fulfilled by the USPTO, according to a Jan. 31 ruling by a District of Columbia federal judge (R. Danny Huntington v. U.S. Department of Commerce, No. 15-2249, D. D.C., 2018 U.S. Dist. LEXIS 15430).

    Mealey's Litigation Procedure - Retaliation Claims Trimmed In Suit Over Allstate Agent Reorganization

    PHILADELPHIA - A Pennsylvania federal judge on Jan. 29 trimmed retaliation claims asserted under the Age Discrimination in Employment Act (ADEA) and the Employee Retirement Income Security Act in a consolidated lawsuit over Allstate Insurance Co.'s reorganization that switched employee agents to independent contractors, finding that the retaliation claims that were based on Allstate's counterclaims cannot proceed because the counterclaims were not objectively baseless (Gene R. Romero, et al. v. Allstate Insurance Company, et al., Nos. 01-3894, 01-6764, 03-6872, 15-1049 and 15-3047, E.D. Pa., 2018 U.S. Dist. LEXIS 14160).

    Mealey's Litigation Procedure - ICC And Miami Arbitral Institute To Collaborate On Cost Study

    PARIS - An international arbitration court and a Miami arbitral institute on Jan. 31 announced that they have agreed to collaborate on a cost study aimed at increasing transparency in international arbitration.

    Mealey's Litigation Procedure - Report Shows 2017 Securities Class Action Filings Most Since PSLRA Enactment

    BOSTON - Federal merger and acquisition (M&A) transaction securities class action lawsuit filings more than doubled in 2017 helping the total number of filings for the year to reach record numbers for the second straight year - the most since the Private Securities Litigation Reform Act of 1995 (PSLRA), 15 U.S.C. 78u-4, was enacted, according to an annual report released by economic and financial consulting firm Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse on Jan. 30.

    Mealey's Litigation Procedure - Judge: Landowner Must Address New Evidence In Asbestos Premises Suit

    WILMINGTON, Del. - A landowner must address new evidence related to whether it had a duty under Louisiana law to protect a contractor from asbestos exposure, a Delaware judge held Jan. 30 (Sandra Kivell, et al. v. Murphy Oil USA Inc., et al., No. N15C-07-093 ASB, Del. Super., New Castle Co.).

    Mealey's Litigation Procedure - 9th Circuit: Undelivered Apple Text Messages Did Not Violate Wiretap Act

    SAN FRANCISCO - Affirming dismissal of a putative Wiretap Act class action against Apple Inc., a Ninth Circuit U.S. Court of Appeals panel on Jan. 29 held that certain misclassified and undelivered text messages from Apple iMessage users were not intercepted in transit and, thus, did not violate the statute (Adam Backhaut, et al. v. Apple Inc., No. 15-17523, 9th Cir., 2018 U.S. App. LEXIS 2207).

    Mealey's Litigation Procedure - 2 Remaining Celexa/Lexapro Class Actions Dismissed On Summary Judgment In MDL

    BOSTON - The Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Jan. 26 granted summary judgment in two remaining class actions (In Re: Celexa and Lexapro Marketing and Sales Practices Litigation, MDL Docket No. 2067, No. 09-2067, Painters and Allied Trades, et al. v. Forest Laboratories, Inc., et al., No. 13-13113, Delana S. Kiossovski, et al. v Forest Laboratories, Inc., et al., No. 14-13848, D. Mass., 2018 U.S. Dist. LEXIS 13579).

    Mealey's Litigation Procedure - Judge Allows UCL, CUTSA Claims Related To Audiology Technology To Proceed

    LOS ANGELES - A California federal judge on Jan. 29 refused to dismiss claims for violations of the California Uniform Trade Secrets Act (CUTSA), California's unfair competition law (UCL) and other claims asserted by the inventor of a tele-audiology technology, who alleged that a California company and its German parent company copied her invention (Deborah M. Manchester, PH.D. v. Sivantos GMBH, et al., No. 2:17-CV-05309, C.D. Calif., 2018 U.S. Dist. LEXIS 14108).

    Mealey's Litigation Procedure - Costa Rican Company Disputes Confirmation Of $29M Award In 11th Circuit

    ATLANTA - A Costa Rican company on Jan. 29 filed a reply in its appeal with the 11th Circuit U.S. Court of Appeals, disputing a district court's decision to confirm a $29,290,400 international arbitration award that was issued for Del Monte International GMBH in a dispute over a contract for the sale of pineapples (Inversiones Y Procesadora Tropical Inprotsa, S.A. v. Del Monte International GMBH, No. 1:16-cv-24275, 11th Cir.).

    Mealey's Litigation Procedure - Class Of Workers Alleges Collusion Between FCA And Auto Workers Union

    ANN ARBOR, Mich. - FCA US LLC and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) colluded when FCA offered bribes and UAW accepted the bribes in exchange for company-friendly positions at the bargaining table and elsewhere, workers allege in a class complaint filed Jan. 26 in the U.S. District Court for the Eastern District of Michigan (Beverly L. Swanigan, et al. v. FCA US, LLC, No. 18-10319, E.D. Mich.).