LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - High Court Won't Hear Appeal In Deepwater Horizon Securities Suit

    WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied an investor's petition for writ of certiorari that sought to overturn a federal district court's dismissal of a securities class action lawsuit as time-barred against Transocean Ltd. and certain of its former executive officers stemming from the Deepwater Horizon explosion and oil spill (DeKalb County Pension Fund v. Transocean Ltd., et al., No. 16-206, U.S. Sup.).

    Mealey's Litigation Procedure - U.S. Supreme Court To Hear SLUSA Jurisdictional Provisions Appeal

    WASHINGTON, D.C. - The U.S. Supreme Court on June 27 agreed to hear an appeal of a California Superior Court ruling that shareholders in a securities class action are not preempted from bringing their claims under the Securities Act of 1933 by the Securities Litigation Uniform Standards Act (SLUSA) (Cyan Inc. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, U.S. Sup.).

    Mealey's Litigation Procedure - Judge Denies Loan Servicer's Request For Amended Answers On Payments

    TAMPA, Fla. - After finding that interrogatories sought by a loan servicer were improper, a Florida federal judge on June 27 denied a request to compel a homeowner, who alleges that the servicer violated the Fair Debt Collection Practices Act (FDCPA) and other laws when it improperly reported that he was delinquent on his loan, to provide amended answers to his previous responses (Joseph C. Suszko v. Specialized Loan Servicing LLC, et al., No. 8:16-cv-2333, M.D. Fla., 2017 U.S. Dist. LEXIS 98788).

    Mealey's Litigation Procedure - ICSID Stays Enforcement Of Award After Mining Firm Agrees To Post Security

    WASHINGTON, D.C. - In exchange for a security pledge, an English mining company on June 28 said an ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) has agreed to stay the enforcement of an award that dismissed an arbitration in favor of the Republic of Indonesia, pending the completion of an annulment proceeding (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

    Mealey's Litigation Procedure - Florida Federal Judge: No Potential Opt-Ins Means No Uber Driver Collective

    MIAMI - A lead plaintiff's failure to show that there are any potential opt-in plaintiffs is fatal to his motion for certification of a misclassification collective action, a Florida federal judge ruled June 27 (Sebastian A. Rojas v. Uber Technologies, Inc., et al., No. 16-23670, S.D. Fla., 2017 U.S. Dist. LEXIS 98716).

    Mealey's Litigation Procedure - Defense Expert Excluded In Case Alleging Illegal Kickbacks For Lab Work

    CHARLESTON, S.C. - An expert for health care defendants accused of running kickback schemes cannot testify because his opinion draws on legal conclusions that should be left to the court to decide, is based on unsound methodology and would mislead a jury, a South Carolina federal judge held June 26 in excluding the expert from the case (United States of America, et al. v. Berkeley Heartlab, Inc., et al., Nos. 9:14-cv-00230, 9:11-cv-1593 and 9:15-cv-2485, D. S.C., 2017 U.S. Dist. LEXIS 98147).

    Mealey's Litigation Procedure - Alabama Federal Judge Finds Prisoner Class Has Been Denied Mental Health Care

    MONTGOMERY, Ala. - The mental health care provided to prisoners by the Alabama Department of Corrections (ADOC) is "horrendously inadequate" and violates the Eighth Amendment to the U.S. Constitution rights of a class of prisoners, an Alabama federal judge ruled June 27 (Edward Braggs, et al. v. Jefferson S. Dunn, et al., No. 14-601, M.D. Ala., 2017 U.S. Dist. LEXIS 98755).

    Mealey's Litigation Procedure - California Federal Judge Finds Wage Claims Exceed $12M, Denies Remand

    RIVERSIDE, Calif. - A California federal judge on June 22 denied a motion to remand a wage-and-hour class complaint seeking, in part, unpaid compensation for missed meal and rest breaks, finding that the amount in controversy exceeds $12 million (Belen Torrez, et al. v. Freedom Mortgage, Corp., et al., No. 17-867, C.D. Calif., 2017 U.S. Dist. LEXIS 97704).

    Mealey's Litigation Procedure - Cellphone Tower Data Expert Allowed For 2 Defendants' Robbery Trial

    NEW ALBANY, Ind. - A police expert can testify about cellphone towers, data dumping, pinging and triangulation during a trial for two men accused of committing a series of retail store robberies, an Indiana federal judge ruled June 23 after finding that the expert is qualified and his methods are sound (United States of America v. Jeffrey Antione Kemp, et al., No. 4:15-cr-00025, S.D. Ind., 2017 U.S. Dist. LEXIS 97230).

    Mealey's Litigation Procedure - Colgate-Palmolive Whitening Claims Class Suit Stayed Pending FTC Investigation

    NEW YORK - A New York federal judge on June 23 denied a motion to dismiss a class suit accusing Colgate-Palmolive Co. of false labeling claims on its whitening toothpaste but agreed to stay the case until an investigation by the Federal Trade Commission is concluded (Lori Canale, et al. v. Colgate-Palmolive Co., No. 16-3308, S.D. N.Y., 2017 U.S. Dist. LEXIS 97506).

    Mealey's Litigation Procedure - Federal Judge Lets VW Franchise Dealers File Amended Complaint Against Bosch

    SAN FRANCISCO - A California federal judge on Jan. 23 denied a motion by Robert Bosch GmbH and Robert Bosch LLC to dismiss Volkswagen-branded franchise dealers' amended and consolidated class action complaint alleging that the Bosch defendants helped the automaker develop the "defeat devices" installed in VW diesel engine vehicles to evade U.S. emissions regulations and gave the dealers leave to amend their complaint by July 24 to "address the identified shortcomings" (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation, MDL No. 2672, N.D. Calif., 2017 U.S. Dist. LEXIS 97767).

    Mealey's Litigation Procedure - Anthem Data Breach Class Seeks Preliminary Approval Of $115 Million Settlement

    SAN JOSE, Calif. - After more than two years of litigation, including two partial dismissal rulings, the plaintiffs suing Anthem Inc. over a 2015 data breach filed a motion in California federal court June 23, seeking preliminary approval of a settlement with the insurer that would establish a $115 million settlement fund and maintain credit-monitoring services (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-md-02617, N.D. Calif.).

    Mealey's Litigation Procedure - Split High Court: American Pipe Doesn't Extend Shareholders' Filing Limits

    WASHINGTON, D.C. - A securities class action lawsuit filed by shareholders after opting out of a settlement class against the same defendants was untimely and properly dismissed, a split U.S. Supreme Court ruled June 26, finding that American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), did not expand the three-year period allowed for in the Securities Exchange Act of 1934, which was found to be a statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).

    Mealey's Litigation Procedure - 9th Circuit: Japanese Nuclear Reactor Radiation Case May Proceed In U.S. Court

    SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on June 22 ruled that a radiation exposure lawsuit brought by U.S. Navy sailors who assisted in relief efforts when the Fukushima Daiichi Nuclear Power Plant (FNPP) melted down in Japan could proceed in a U.S. court, despite the company's argument to the contrary (Lindsay R. Cooper, et al. v. Tokyo Electric Power Company, et al., No. 15-56424, 9th Cir.; 2017 U.S. App. LEXIS 11075).

    Mealey's Litigation Procedure - Brazilian Reinsurer Owes $5M Under Arbitration Award, Insurer Asserts

    NEW YORK - An insurer argues in a June 21 reply brief filed in a New York federal court that a Brazilian reinsurer is obligated to pay $5 million under an arbitration award so that the insurer can pay a settlement it reached with a steel maker in a related dispute (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

    Mealey's Litigation Procedure - New York Federal Judge Dismisses ERISA Lawsuit Over Excessive Advice Fees

    NEW YORK - A New York federal judge on June 21 dismissed an Employee Retirement Income Security Act putative class action that alleged that a record keeper's advice arrangement constituted a breach of fiduciary duty resulting in excessive fees, saying that the plaintiff failed to allege facts showing that the defendants were ERISA fiduciaries with respect to their fees (Lisa Patrico v. Voya Financial Inc., et al., No. 16-cv-7070, S.D. N.Y., 2017 U.S. Dist. LEXIS 95735).

    Mealey's Litigation Procedure - Court: Law Firm, Not Lawyer Retained Privilege Over Attorney's Emails

    SAN FRANCISCO - A law firm retained privilege over a former asbestos attorney's work product and was not required to obtain his permission before disclosing emails between him and a scientific consulting firm, a California appeals court held June 21 (Tucker Ellis v. The Superior Court of City and County of San Francisco, Evan C. Nelson, No. A148956, Calif. App., 1st Dist., 2017 Cal. App. LEXIS 571).

    Mealey's Litigation Procedure - Magistrate Judge Denies Motion To Compel In Trade Secrets Lawsuit

    CHICAGO - A federal magistrate judge in Illinois on June 20 denied a motion to compel filed by defendants in a misappropriation of trade secrets lawsuit, ruling that the plaintiff has agreed to provide certain information to the defendants as soon as it is located (PolyOne Corp. v. Yun Martin Lu, et al., No. 14-10369, N.D. Ill., 2017 U.S. Dist. LEXIS 94508).

    Mealey's Litigation Procedure - Oklahoma Top Court: No Preemption Where ERISA Plan Is 'Factual Backdrop'

    OKLAHOMA CITY - On remand, a trial court must consider whether a woman's class action claiming that a hospital improperly sought collection from her in violation of its contract with her insurer invokes an Employee Retirement Income Security Act plan or whether the plan is merely part of the "factual backdrop" of the case, a divided Oklahoma Supreme Court held June 21 (Elizabeth Cates v. INTEGRIS Health Inc., No. 114314, Okla. Sup., 2017 Okla. LEXIS 53).

    Mealey's Litigation Procedure - Massachusetts Federal Judge Dismisses Remaining Claims In ERISA Class Action

    BOSTON - A Massachusetts federal judge on June 19 dismissed the remaining claims in an Employee Retirement Income Security Act class action, saying that the plaintiffs have failed to show that the defendants breached their duties of loyalty and prudence and failed to make a prima facie showing of loss (John Brotherston, et al. v. Putnam Investments LLC, et al., No. 1:15-cv-13825, D. Mass., 2017 U.S. Dist. LEXIS 93654).

    Mealey's Litigation Procedure - Massachusetts Federal Judge Grants Summary Judgment To Fidelity Management Trust

    BOSTON - A Massachusetts federal judge on June 19 granted Fidelity Management Trust Co.'s motion for summary judgment in a class action alleging that Fidelity breached its fiduciary duties pursuant to the Employee Retirement Income Security Act by mismanaging the Fidelity Group Employee Benefit Plan Managed Income Portfolio Comingled Pool (MIP), saying the plaintiffs did not carry their burden to establish a fiduciary breach (John Ellis, et al. v. Fidelity Management Trust Co., No 1:15-14128, D. Mass., 2017 U.S. Dist. LEXIS 93656).

    Mealey's Litigation Procedure - 4th Circuit: Settlement Agreement Bars Association's Suit Over Defective Windows

    RICHMOND, Va. - A settlement agreement that was approved by a federal judge in South Carolina in 2015 that resolved 18 class action lawsuits filed against the manufacturer of allegedly defective windows barred a condominium owners association's California state court lawsuit against the manufacturer, a Fourth Circuit U.S. Court of Appeals panel ruled June 20 in affirming a ruling that the state court suit violates the Anti-Injunction Act (AIA) (In re: MI Windows and Doors, Inc. Products Liability Litigation, No. 16-1146, 4th Cir., 2017 U.S. App. LEXIS 10886).

    Mealey's Litigation Procedure - PCA To Issue Final Award In Dispute Between Croatia And Slovenia

    THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 19 announced that it will issue its final award in a maritime arbitration pending between the Republic of Croatia and the Republic of Slovenia later this month (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA).

    Mealey's Litigation Procedure - ICSID Invites Amicus Curiae Filings In NAFTA Case Filed Against Canada

    WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on June 20 announced that it is inviting nonparties in an arbitration commenced by a resource company against the government of Canada to submit amicus curiae briefs in accordance with the statement of the North American Free Trade Agreement (NAFTA) Commission (Lone Pine Resources Inc. v. The Government of Canada, No. UNCT/15/2, ICSID).

    Mealey's Litigation Procedure - Judge Orders Parties To Turn Over Information In Trade Secrets Lawsuit

    OKLAHOMA CITY - Parties in a misappropriation of trade secrets lawsuit are required to provide each other with certain discovery information relating to a former employees' departure from a company and subsequent hiring and duties with a direct competitor, a federal judge in Oklahoma ruled June 16 in granting each party's motion to compel in part (Maxum Petroleum Inc. v. Stephen Hiatt, et al., No. 17-287, W.D. Okla., 2017 U.S. Dist. LEXIS 92719).