LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Class Suit Over Supplement Labels Is Dismissed; 30 Days Granted For Amendment

    CHICAGO - An Illinois federal judge on Feb. 13 dismissed a class complaint over supplement labeling, in part for lack of personal jurisdiction based on alleged violations of non-Illinois consumer fraud statutes, and granted the named plaintiff 30 days to amend his complaint (David DeMedicis v. CVS Health Corp., et al., No. 16-5973, N.D. Ill., 2017 U.S. Dist. LEXIS 19589).

    Mealey's Litigation Procedure - Judge Bars Testimony On Education Lead-Generation Industry's Customs, Practices

    TAMPA, Fla. - A lawyer is not qualified to opine on the educational lead-generation industry's customs and practices because the lawyer failed to explain why her experience is a sufficient basis for her opinion and how her experience is reliably applied to the facts of a trade secrets and breach of contract case, a Florida federal judge ruled Feb. 13, excluding the testimony (Connectus LLC v. Ampush Media Inc., et al., No. 15-2778, M.D. Fla., 2017 U.S. Dist. LEXIS 19829).

    Mealey's Litigation Procedure - Data Breach Class Claims Against Premera Mostly Survive Dismissal Motion

    PORTLAND, Ore. - Although an Oregon federal judge on Feb. 9 found that some fraud and contract-based claims related to a 2014 data breach experienced by Premera Blue Cross merited dismissal, he held that the plaintiffs cured some previous deficiencies and concluded that their claims are not preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (In Re: Premera Blue Cross Customer Data Security Breach Litigation, No. 3:15-md-02633, D. Ore., 2017 U.S. Dist. LEXIS 18322).

    Mealey's Litigation Procedure - Judge Refuses To Bifurcate Merits And Class Certification Discovery

    CHICAGO - An Illinois federal judge on Feb. 9 denied a motion to bifurcate discovery issues in a case filed against lenders in relation to a property inspection, finding that bifurcating the issues could lead to additional disputes as to whether certain discovery requests related to merits or class certification (Thomas Quinn, et al. v. Specialized Loan Servicing LLC, No. 16-2021, N.D. Ill., 2017 U.S. Dist. LEXIS 18351).

    Mealey's Litigation Procedure - Trader, CEO Concealed Subsidiary's Fraudulent Scheme, Investor Argues

    NEW YORK - An online foreign exchange trading services provider and its CEO concealed that the company's American subsidiary had engaged in "false and misleading solicitations of its foreign exchange customers" in violation of federal securities laws, an investor argues in a Feb. 8 securities class action complaint filed in New York federal court (Ying Zhao v. FXCM Inc., et al., No. 17-0955, S.D. N.Y.).

    Mealey's Litigation Procedure - Judge: Pension Funds Failed To Show That Company Misstated Financial Condition

    WEST PALM BEACH, Fla. - Two pension funds failed to plead any material misrepresentations or omissions or scienter in arguing that a company and certain of its executive officers issued misstatements regarding the company's financial condition in the wake of an industry downturn, a federal judge in Florida ruled Feb. 8 in granting the defendants' motion to dismiss (In re KLX Inc. Securities Litigation, No. 16-80023, S.D. Fla., 2017 U.S. Dist. LEXIS 17764).

    Mealey's Litigation Procedure - Judge: Investors' Commodities Exchange Act Claims Don't Meet Morrison Standard

    NEW YORK - A federal judge in New York on Feb. 8 dismissed an amended complaint filed by investors who alleged that a financial services firm and its CEO engaged in a scheme to manipulate prices at which certain futures contracts traded on the Chicago Mercantile Exchange Global Platform (CME Globex), ruling that the investors failed to show that the alleged transactions took place on an American exchange as required pursuant to U.S. Supreme Court precedent in Morrison v. National Australia Bank, Ltd. (Myun-Uk Choi, et al. v. Tower Research Capital LLC, et al., No. 14-9912, S.D. N.Y., 2017 U.S. Dist. LEXIS 18174).

    Mealey's Litigation Procedure - Panel Affirms Conviction For Cocaine Possession, Finds Lack Of Objection To Testimony

    TOPEKA Kan. - Affirming a man's conviction for possession of cocaine, the Kansas Court of Appeals ruled Feb. 10 that the man failed to timely object at trial to the admission of expert testimony and a lab report that both established that the white powdery substance discovered in his wallet was cocaine (State of Kansas v. Oscar C. Rodriguez-Mendez, No. No. 114,985, Kan. App., 2017 Kan. App. Unpub. LEXIS 82).

    Mealey's Litigation Procedure - 7th Circuit Reinstates Suit Claiming Electric Company Falsely Advertised Prices

    CHICAGO - A federal trial court erred when it dismissed, for lack of subject matter jurisdiction, a class suit accusing an alternative retail electric supplier of attracting new customers by advertising one price and charging them another, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 8 (Peggy Zahn v. North American Power & Gas, LLC, No. 15-2332, 7th Cir., 2017 U.S. App. LEXIS 2256).

    Mealey's Litigation Procedure - Ohio Federal Judge Rules On Remand In 5 MedMal Class Suits

    CINCINNATI - An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al., No. 16-853, S.D. Ohio, 2017 U.S. Dist. LEXIS 17899; Jacob Durham, et al. v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 17897; Heather McCann, et al. v. West Chester Hospital, LLC, et al., No. 15-440, S.D. Ohio, 2017 U.S. Dist. LEXIS 17902; Lyndsey Middendorf, et al. v. West Chester Hospital, LLC, et al., No. 15-439, S.D. Ohio, 2017 U.S. Dist. LEXIS 17901; Dana Setters, et al. v. Journey Lite of Cincinnati, LLC, et al., No. 15-487, S.D. Ohio, 2017 U.S. Dist. LEXIS 17900).

    Mealey's Litigation Procedure - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

    SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

    Mealey's Litigation Procedure - Judge Quashes Insurer's Subpoena On Google Seeking Firm's Emails

    SEATTLE - A federal judge in Washington on Feb. 7 quashed a subpoena served on Google Inc. by Allstate Insurance Co., finding that the insurer's request for documents related to records from email accounts associated with a law firm accused of submitting fraudulent insurance claims are shielded from discovery by the Stored Communications Act (SCA) (Allstate Insurance Co. v. Lighthouse Law P.S. Inc., et al., No. C15-1976RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 17284).

    Mealey's Litigation Procedure - Fracking Company: Royalty Owner Seeks 'Two Bites At The Apple' In Payment Dispute

    OKLAHOMA CITY - A hydraulic fracturing company filed a brief in Oklahoma federal court on Jan. 25, arguing that a company that purchases royalties and mineral rights is attempting to get "two bites at the apple" on its claim that the fracking company has underpaid royalties to a group of mineral rights owners (Chieftain Royalty Company v. SM Energy Company, et al., No. 11-177, W.D. Okla.).

    Mealey's Litigation Procedure - Data Breach Class Action Filed On Behalf Of Yahoo Small Business Clients

    SAN JOSE, Calif. - A customer of Yahoo! Inc.'s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers' personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).

    Mealey's Litigation Procedure - Illinois Appellate Panel Holds Foam Company Liable For Faxes Sent On Its Behalf

    CHICAGO - A foam company whose independent contractor ordered a third party to send unsolicited faxed advertisements on the foam company's behalf is liable under the Telephone Consumer Protection Act (TCPA), an Illinois appeals panel ruled Feb. 7 (Loncarevic and Associates, Inc., et al. v. Stanley Foam Corporation, No. 09 CH 15403, Ill. App., 1st Dist., 2nd Div., 2017 Ill. App. LEXIS 53).

    Mealey's Litigation Procedure - Panel Finds No Error In Admission Of Medical Examiner's Testimony

    CORPUS CHRISTI, Texas - Finding no error in the admission of a medical examiner's testimony based on reliable evidence, a Texas appeals panel on Feb. 9 affirmed a woman's conviction for injury to a child causing bodily injury (Smita Chakravarthy v. The State of Texas, No. 13-14-00086-CR, Texas App., 13th Dist., 2017 Tex. App. LEXIS 1114).

    Mealey's Litigation Procedure - Judge Halts Multiple Wage Suits By Exotic Dancers Pending $6.5M Settlement

    DETROIT - A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich., 2017 U.S. Dist. LEXIS 18369).

    Mealey's Litigation Procedure - ICSID Awards Resource Companies $379M In Damages For Treaty Violations

    PARIS - After rejecting grounds for reconsideration of a liability ruling submitted by the Republic of the Ecuador, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 released its award on damages in a case filed by a group of resource companies, awarding them $379,802,267 for breaches of a bilateral investment treaty (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).

    Mealey's Litigation Procedure - Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

    LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).

    Mealey's Litigation Procedure - Boston University CTE Center Opposes Handing Over Autopsy Reports To NHL

    MINNEAPOLIS - The trustees of Boston University on Feb. 6 told the federal judge overseeing the National Hockey League concussion multidistrict litigation that the league has failed to "demonstrate with specificity" why it needs the research and autopsy reports conducted by the Boston University Chronic Traumatic Encephalopathy Center (CTE Center) and that compelling those documents would violate the privacy of the research subjects (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

    Mealey's Litigation Procedure - 8th Circuit Finds Class Member Lacks Standing To Challenge $25.7M Settlement

    ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 8 found that a member of a class action lacked standing to appeal a district court's final approval of a $25,750,000 settlement of claims asserted against a bank in relation to fees it automatically charged for property inspections (Edward Huyer, et al. v. Rhadiante Van de Voorde, No. 16-1694, 8th Cir., 2017 U.S. App. LEXIS 2290).

    Mealey's Litigation Procedure - Magistrate Judge: Information Created During ADR Process Is Not Discoverable

    NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 7 denied a motion to compel filed by a third-party defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit seeking information from another third party, holding that information created as part of an alternative dispute resolution (ADR) process is not discoverable (New Jersey Department of Environmental Protection, et al. v. American Thermoplastics Corp., et al., No. 98-CV-4781, D. N.J., 2017 U.S. Dist. LEXIS 16743).

    Mealey's Litigation Procedure - Judge Orders European Reinsurer To Proceed With Arbitration Of Dispute

    NEW YORK - A federal judge in New York on Feb. 7 granted an insurer's motion to stay a $5.4 million reinsurance dispute and compel a European reinsurer to the arbitration table, holding that the reinsurer cannot avoid an arbitration clause in a reinsurance agreement by arguing that the reinsurance agreement is void (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).

    Mealey's Litigation Procedure - Federal Judge Enforces Ruling Confirming $20M Arbitral Award Against Belize

    WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 6 granted a petition to enforce a judgment confirming a $20,106,100 arbitral award that was issued in London in favor of two companies, finding that actions taken by the government of Belize to prohibit enforcement do not affect the district court's jurisdiction (BCB Holdings Limited, et al. v. The Government of Belize, No. 14-1123, D. D.C., 2017 U.S. Dist. LEXIS 17070).

    Mealey's Litigation Procedure - Judge Bars Insurance Claims Consultant's Opinions On If Insurer Acted 'Unreasonably'

    DENVER - An insurance claims consultant may offer testimony about an auto insurer's industry standards and practices but may not offer legal conclusions about whether the insurer acted "unreasonably" in its claims handling, a Colorado federal judge ruled Feb. 7, granting in part and denying in part the insurer's motion to exclude the expert testimony (Donald O'Sullivan v. Geico Casualty Co., No. 15-1838, D. Colo., 2017 U.S. Dist. LEXIS 17186).