LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Iowa Supreme Court Vacates Stay Of Chiropractors' Price-Fixing Class Suit

    DES MOINES, Iowa - An Iowa trial court erred when it stayed a price-fixing class complaint filed by chiropractors against the state's largest health insurer pending resolution of a federal multidistrict litigation in Alabama, the Iowa Supreme Court ruled April 21, vacating the order staying the action and remanding for further proceedings (Bradley A. Chicoine, et al. v. Wellmark, Inc., et al., No. 16-0364, Iowa Sup., 2017 Iowa Sup. LEXIS 38).

    Mealey's Litigation Procedure - Judge: Expert Unqualified To Testify On Dewatering Industry's Standard Practices

    OMAHA, Neb. - A proposed expert who planned to testify on the standard of care for dewatering companies in Council Bluffs, Iowa, is unqualified to offer his opinion in support of claims brought by a construction company, a federal judge in Nebraska ruled April 20, finding that the man only worked for the company that was subsequently hired by the plaintiff company to provide dewatering services for a construction site (Judds Brothers Construction Co. v. Mersino Dewatering, Inc., No. 16CV1, D. Neb., 2017 U.S. Dist. LEXIS 60367).

    Mealey's Litigation Procedure - Magistrate: Disclosure Of Foreigner-Stored Google Data Permissible Under SCA

    SAN FRANCISCO - In an April 19 ruling, a California federal magistrate judge denied Google Inc.'s motion to quash a warrant, issued under the Stored Communications Act (SCA), for foreign-stored data, concluding that the warrant on California-based Google constituted a domestic application of the statute that does not run afoul of the presumption against extraterritorial application of U.S. laws (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif., 2017 U.S. Dist. LEXIS 59990).

    Mealey's Litigation Procedure - D.C. Circuit Finds CFPB's Investigative Demand On Accrediting Group Unenforceable

    WASHINGTON, D.C. - Affirming a trial court's ruling, a District of Columbia Circuit U.S. Court of Appeals panel on April 21 found an investigative demand served by the Consumer Financial Protection Bureau (CFPB) on a college accreditation organization to be unenforceable because it did not comply with the notification requirements of the Consumer Financial Protection Act (CFPA) (Consumer Financial Protection Bureau v. Accrediting Council for Independent Colleges and Schools, No. 16-5174, D.C. Cir., 2017 U.S. App. LEXIS 6966).

    Mealey's Litigation Procedure - Supreme Court Declines To Review FOIA 'Agency Record' Question

    WASHINGTON, D.C. - In its April 24 order list, the U.S. Supreme Court denied certiorari to the American Civil Liberties Union in the organization's request for clarification of the standard for when a document becomes an "agency record" that is subject to Freedom of Information Act (FOIA) requests (American Civil Liberties Union, et al. v. Central Intelligence Agency, et al., No. 16-629, U.S. Sup.).

    Mealey's Litigation Procedure - Wells Fargo Increases Settlement For Unauthorized Accounts To $142 Million

    SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to increase their settlement payment to $142 million, $32 million more than the settlement proposed in March, to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent, according to a motion for preliminary approval filed by the plaintiffs on April 20 in the U.S. District Court for the Northern District of California (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).

    Mealey's Litigation Procedure - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

    PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of the plan's investment options breached their fiduciary duties because new material in the complaint is insufficient to permit an inference of imprudence and dismissed the complaint with prejudice (Mary Barchock, et al. v. CVS Health Corp., et al., No. 1:16-cv-00061, D. R.I., 2017 U.S. Dist. LEXIS 59083).

    Mealey's Litigation Procedure - Energy Supplier Seeks Assistance In Obtaining Discovery In Arbitration

    NEW YORK - An English energy supplier on April 18 filed an ex parte application in a New York federal court, seeking assistance in obtaining certain evidence held by a bank for use in an international arbitration commenced by it in relation to a dispute over the alleged forced taking of power-generating equipment by the Commonwealth of Australia (In re Application of APR Energy Holdings Limited for Judicial Assistance in obtaining Evidence in this District for Use in a Foreign and International Proceeding Pursuant to 28 U.S.C. 1782, No. 1:17-cv-02784, S.D. N.Y.).

    Mealey's Litigation Procedure - Privacy Class Action Filed Over Medical App's Health Information Sharing

    FORT LAUDERDALE, Fla. - A Utah woman filed a putative class complaint April 18 against the provider of a physician consultation smartphone app, telling a Florida federal court that the app shares users' sensitive medical information with a third-party firm, breaching the app maker's duty to keep this information confidential (Joan Richards v. MDLive Inc., No. 0:17-cv-60760, S.D. Fla.).

    Mealey's Litigation Procedure - Bose Sued For Collecting, Sharing User Data Via Wireless Headphone, Speaker App

    CHICAGO - Bose Corp. was hit with a putative eavesdropping class complaint in Illinois federal court April 18, when a customer alleged that the stereo equipment manufacturer has been collecting and sharing, via a smartphone application, records of its customers' private music and audio selections (Kyle Zak v. Bose Corp., No. 1:17-cv-02928, N.D. Ill.).

    Mealey's Litigation Procedure - Hungary Seeks To Annul $24.6M Award For French Benefit Company

    WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).

    Mealey's Litigation Procedure - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

    NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided the retirees with medical benefits without violating federal law (Barnes Group, Inc. v. International Union United Automobile Aerospace & Agricultural Implement Workers of America, et al., No. 16-559, D. Conn., 2017 U.S. Dist. LEXIS 59761).

    Mealey's Litigation Procedure - Harman International To Pay More Than $28M To Settle Securities Class Action Suit

    WASHINGTON, D.C. - Audio products and electronic systems manufacturer Harman International Industries Inc. will pay more than $28 million to settle claims that it and certain of its current and former executive officers concealed issues with the company's line of personal navigation devices (PND) in violation of federal securities laws, according to a motion for preliminary approval of settlement filed April 19 in the District of Columbia federal court (In re Harman International Industries Inc. Securities Litigation, No. 07-1757, D. D.C.).

    Mealey's Litigation Procedure - Judge Allows Fingerprint Specialist Expert Testimony In Government's Criminal Case

    ATLANTA - A fingerprint specialist may testify based on his qualifications and reliable method on the identification of a man charged with the violation of procuring naturalization and citizenship contrary to U.S. law, a Georgia federal judge held April 18 (United States of America v. Olu Kanni Sanyaolu, No. 16-cr-126, N.D. Ga., 2017 U.S. Dist. LEXIS 59294).

    Mealey's Litigation Procedure - EEOC Sues Miami Beach Hotel For Firing Black Haitian Kitchen Workers

    MIAMI - The Equal Employment Opportunity Commission filed suit on April 18 against the owners, operators and managers of SLS Hotel South Beach in Florida federal court on behalf of a class of black Haitian kitchen workers claiming that the defendants fired them because of their national origin, race and/or color (Equal Employment Opportunity Commission v. SBEEG Holdings, LLC, et al., No. 17-21446, S.D. Fla.).

    Mealey's Litigation Procedure - Waffle House Job Applicants Sue Over Background Reports

    ORLANDO, Fla. - Waffle House Inc. and WH Capital LLC (together, Waffle House) and other companies violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, by obtaining and using information from background reports for job applicants without providing proper disclosures to the applicants before taking adverse actions against them by not hiring them, more than a dozen applicants allege in an April 17 class complaint filed in Florida federal court (Alex Holt, et al. v. Waffle House, Inc., et al., No. 17-693, M.D. Fla.).

    Mealey's Litigation Procedure - Venezuela Requests Annulment Of $161M Award For Energy Product Supplier

    WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered a request filed by the Bolivarian Republic of Venezuela to annul a $161.6 million arbitral award issued in favor of investors in two Venezuelan entities (Tenaris S.A. and Talta - Trading e Marketing Sociedade Unipessoal Lda. v. Bolivarian Republic of Venezuela, No. ARB/12/23, ICSID).

    Mealey's Litigation Procedure - Suit Over Legitimacy Of Online University Program Is Dismissed With Prejudice

    WASHINGTON, D.C. - A District of Columbia federal judge on April 18 issued an opinion finding that a class complaint over the legitimacy of a university's online-only program belongs in federal, not state, court and then dismissed the complaint with prejudice, finding that it was time-barred (Brice Bradford, et al. v. The George Washington University, No. 16-858, D. D. C., 2017 U.S. Dist. LEXIS 58590).

    Mealey's Litigation Procedure - Company: Causation Lacking In Lawsuit Related To Cancer From Benzene Exposure

    ASHEVILLE, N.C. - A company being sued by a North Carolina man who contends that he contracted cancer as a result of groundwater contamination for which the man says the company is liable on April 17 filed a brief in North Carolina federal court, arguing that the case should be dismissed because the plaintiffs cannot show causation (Kent Stahle v. CTS Corporation, No. 14-48, W.D. N.C.).

    Mealey's Litigation Procedure - New York Federal Judge Unseals Order Certifying J.P. Morgan ERISA Class

    NEW YORK - A New York federal judge on April 17 unsealed a two-week-old order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying he found evidence of a possible causal link between alleged breaches of fiduciary duties and the underperformance of the funds (In re J.P. Morgan Stable Value Fund ERISA Litigation, No. 1:12-cv-2548, S.D. N.Y.).

    Mealey's Litigation Procedure - Magistrate Judge Denies Discovery Requests In Trade Secrets Lawsuit

    CEDAR RAPIDS, Iowa - A fertilizer company's discovery requests in a subpoena of the owner of a competitor in a misappropriation of trade secrets lawsuit seek irrelevant information and create an undue burden on the owner, a federal magistrate judge in Iowa ruled April 17 in granting the owner's motion to quash (Nachurs Alpine Solutions Corp., f/k/a Na-Churs Plant Food Co., v. Nutra-Flo Co., et al., No. 15-4015, N.D. Iowa, 2017 U.S. Dist. LEXIS 58094).

    Mealey's Litigation Procedure - Special Agent Is Excluded From Testifying On Drug Code, Federal Judge Says

    ALBUQUERQUE, N.M. - In a criminal case, a Drug Enforcement Agency special agent may not provide expert opinion testimony regarding drug code generally because the agent was not properly designated as an expert witness, a New Mexico federal judge ruled April 17; however, the special agent may provide lay opinion testimony "limited to his personal perceptions of the investigation and intercepted communications" (United States of America v. Fidal Abdeljawad and Ashley Watson, No. 15-cr-3394, D. N.M., 2017 U.S. Dist. LEXIS 58122).

    Mealey's Litigation Procedure - Damages Testimony Is Barred In Patent Infringement Suit Against IBM, Judge Says

    WILMINGTON, Del. - An expert did not offer any developed damages theory relating to International Business Machines Corp.'s (IBM) use of its website, and there were "serious methodological and reliability problems" in his assumptions, a Delaware federal judge held April 17, excluding testimony in a patent infringement lawsuit (Parallel Networks Licensing LLC v. International Business Machines Corp., No. 13-2072, D. Del., 2017 U.S. Dist. LEXIS 58394).

    Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

    SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No. 16-6652, N.D. Calif., 2017 U.S. Dist. LEXIS 58481).

    Mealey's Litigation Procedure - Supreme Court Hears Oral Argument In American Pipe Tolling Challenge

    WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).