LexisNexis® Legal Newsroom
    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).

    Mealey's Litigation Procedure - Fire Investigator May Opine On Negligent Design In A Toaster, Federal Judge Says

    CHICAGO - A fire and explosion investigator may opine that a negligent design in a toaster caused a fire and that it was unreasonable for the manufacturer to design a toaster that "would indefinitely heat food products to the point of combustion as a result of foreseeable failures and blockages" within the toaster, an Illinois federal judge ruled Nov. 16 (David Ostrinsky, as administrator of the estate of Michael Ostrinsky, deceased v. Black & Decker [U.S.] Inc., et al., No. 15-1545, N.D. Ill.; 2016 U.S. Dist. LEXIS 159447).

    Mealey's Litigation Procedure - Expert's Report On Bankrupt Company's Transfer Of Assets Creates Fact Issue, Judge Finds

    CHICAGO - A valuation expert's estimation of an engineering consulting firm's assets creates a genuine dispute as to whether the firm possessed valuable goodwill that it transferred during bankruptcy to a manufacturing company, an Illinois federal judge ruled Nov. 17, denying summary judgment to the manufacturing company (David Leibowitz, Chapter 7 Trustee of McDonough Associates Inc. v. Bowman International Inc. f/k/a Bowman International LLC and Bowman Consulting Group Ltd., No. 15-3021, N.D. Ill.; 2016 U.S. Dist. LEXIS 159071).

    Mealey's Litigation Procedure - Federal Circuit Denies Mandamus In Discovery Dispute Over Movie Technology Patents

    WASHINGTON, D.C. - Finding that the counterclaimant in a dispute over the ownership of certain motion picture technology "fail[ed] to carry the high burden . . . to overturn [a] district court's discovery determination," a Federal Circuit U.S. Court of Appeals panel on Nov. 17 denied the firm's motion for a writ of mandamus for relief from an order compelling production of purportedly privileged documents (In re: Rearden LLC, et al., No. 16-125, Fed. Cir.; 2016 U.S. App. LEXIS 20637).

    Mealey's Litigation Procedure - Final Approval Sought In Settlement Of Angie's List Paid Reviews Lawsuit

    PHILADELPHIA - The lead plaintiffs in a putative fraud and breach of contract class action against Angie's List Inc. filed a motion in Pennsylvania federal court Nov. 14, seeking final approval of a settlement in their lawsuit over the consumer review site operator's practice of obtaining revenue from service providers that are the subject of such reviews (Janell Moore, et al. v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).

    Mealey's Litigation Procedure - Judge: Investors Failed To Show Post-Acquisition Deal Issues Led To Stock Drop

    SAN JOSE, Calif. - Lead plaintiffs in a securities class action lawsuit against a cyber-attack detection and protection software developer and certain of its executive offices have failed to plead a material misrepresentation, scienter or scheme liability in making their claims that the defendants misrepresented the impact of an acquisition deal's impact on product integration, a federal judge in California ruled Nov. 14 (Vijay Fadia v. FireEye Inc., et al., No. 14-5204, N.D. Calif.; 2016 U.S. Dist. LEXIS 157391).

    Mealey's Litigation Procedure - Man Challenges Asbestos Expert Ruling, Investigation Into Juror In Appeal

    CHICAGO - An asbestos defendant's conduct during a trial threatens to open "floodgates" to parties investigating jurors, a man told the Seventh Circuit U.S. Court of Appeals on Nov. 14. Plaintiff Charles Krik also told the court that had a subsequent judge not misapplied a previous ruling, an expert's testimony that cumulative exposures contributed to his development of lung cancer would have tipped the case in his favor (Charles Krik v. ExxonMobil Oil Corp., et al., No. 15-3112, 7th Cir.).

    Mealey's Litigation Procedure - Australian Tribunal To Hear Arbitration Over Shipping Channel Service Charges

    SYDNEY, Australia - The Australian Competition and Consumer Commission (ACCC) on Nov. 16 said it will oversee an arbitration commenced by a port against a coal asset firm in relation to a recent declaration regarding shipping channel access.

    Mealey's Litigation Procedure - Judge Dismisses Case Filed Over Iraqi Facility Project For Lack Of Standing

    NEW YORK - A New York federal judge on Nov. 14 found that the owner of an Iraqi company that was contracted to build a vehicle maintenance facility in Iraq failed to show that he had standing to sue the International Centre for Dispute Resolution (ICDR) and a company in relation to an arbitral award dismissing his claims (Wameedh Al Azzawi v. International Centre for Dispute Resolution, et al., No. 16-548, S.D. N.Y.; 2016 U.S. Dist. LEXIS 157712).

    Mealey's Litigation Procedure - California Federal Judge: Birth Control Injury Cases Are Not A Mass Action

    LOS ANGELES - A California federal judge on Nov. 14 granted a motion to remand a case alleging injuries caused by birth control, which had originally been filed as seven cases that were consolidated by a California trial court, finding that the sua sponte consolidation was a judicial mandate, not a proposal to have the cases tried jointly (Jacqueline Alexander, et al. v. Bayer Corp., et al., No. 16-6822, C.D. Calif.; 2016 U.S. Dist. LEXIS 157295).

    Mealey's Litigation Procedure - Federal Judge Declines Regulation Of Communications In Wage-And-Hour Class Suit

    ASHEBORO, N.C. - A North Carolina federal judge on Nov. 14 denied a motion by satellite television technicians to regulate communications between their employer and the putative collective members who allege that they were misclassified as independent contractors, finding that the plaintiffs have not shown evidence of abusive communication (Adolpho Beasley, et al. v. Custom Communications, Inc., No. 15-583, E.D. N.C.; 2016 U.S. Dist. LEXIS 157118).

    Mealey's Litigation Procedure - Dollar General Will Pay $300,000 To Settle Wage Class Claims

    SAN FRANCISCO - A California federal judge on Nov. 14 granted preliminary approval of a $300,000 settlement to be paid by Dolgen California LLC to a class of employees who worked at its Dollar General Market stores in California and allege numerous wage violations, including failure to pay overtime and provide meal periods (Julie Sullivan v. Dolgen California, LLC, a Tennessee Limited Liability Company, No. 15-1617, N.D. Calif.; 2016 U.S. Dist. LEXIS 157269).

    Mealey's Litigation Procedure - Class Representative In Jos. A. Bank False Advertising Suit Sanctioned For Lying

    SAN DIEGO - A California federal judge on Nov. 15 ordered the class representative in a class action suit that accused Jos. A. Bank Clothiers Inc. of holding perpetual sales and misrepresenting its sale prices to pay $40,000 to the men's clothing company for lying about his purchases (David M. Lucas, et al. v. Jos. A. Bank Clothiers, Inc., No. 14-1631, S.D. Calif.; 2016 U.S. Dist. LEXIS 158044).

    Mealey's Litigation Procedure - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

    PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers; a federal judge in Pennsylvania approved the final settlement on Nov. 14 (Matthew Schaub, et al. v. Chesapeake & Delaware Brewing Holdings and Iron Hill Brewery, LLC, No. 16-756, E.D. Pa.; 2016 U.S. Dist. LEXIS 157203).

    Mealey's Litigation Procedure - 2nd Circuit Declines Motion For Rehearing En Banc In Vivendi Securities Suit

    NEW YORK - Without providing any detail, the Second Circuit U.S. Court of Appeals on Nov. 10 declined to grant a French company's motion for rehearing or rehearing en banc of the court's previous ruling affirming a jury's verdict against the company for violations of federal securities laws (In re Vivendi S.A. Securities Litigation, No. 15-180, 2nd Cir.).

    Mealey's Litigation Procedure - Surgical Gown California Class Certified; Nationwide Class Denied

    LOS ANGELES - A California federal judge on Nov. 14 certified a refund and injunction class of Californians who purchased allegedly defective surgical gowns from Kimberly-Clark Corp. but denied certifying a nationwide class of purchasers because of differences in state fraud laws (Hrayr Shahinian, et al. v. Kimberly-Clark Corp., et al., No. 14-8390, C.D. Calif., Western Div.).

    Mealey's Litigation Procedure - ICSID Orders Renco And Peru To Pay Costs Of Treaty Arbitration

    PARIS - After issuing a recent award in which it found that Renco Group Inc. failed to show that the Republic of Peru had agreed to arbitrate disputes under a treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 11 released an award in which it ordered the parties to pay their owns costs of the case and half of ICSID's expenses (The Renco Group, Inc. v. Republic of Peru, No. [UNCT/13/1], ICSID).