LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Judge Denies Objection, Says Magistrate Judge's Discovery Order Was Proper

    SALT LAKE CITY - A federal judge in Utah on Feb. 13 denied an insolvent insurer's objection to a magistrate judge's order compelling discovery of certain categories of information sought by a group of the insolvent insurer's former directors and officers (Western Insurance Company v. Dick L. Rottman, et al., No. 13-cv-00436, D. Utah, 2017 U.S. Dist. LEXIS 20709).

    Mealey's Litigation Procedure - Request To Reopen Discovery Denied In Pom Wonderful MDL

    LOS ANGELES - A California federal judge on Feb. 14 denied a request to reopen discovery, in an effort by plaintiffs to support a renewed motion for class certification, in a multidistrict litigation challenging the marketing of pomegranate juice, finding that the plaintiffs failed to demonstrate diligence (In re: Pom Wonderful LLC Marketing and Sales Practices Litigation, No. 10-2199, C.D. Calif., 2017 U.S. Dist. LEXIS 20854).

    Mealey's Litigation Procedure - Judge Finds Fact Issue On Police Officer's Liability With Admission Of Expert Opinions

    MADISON, Wis. - Based on admitted opinions from police practices experts and forensic pathology experts, a Wisconsin federal judge ruled Feb. 13 that what happened between a police officer and a deceased man is "sharply and genuinely disputed" and thus, whether the officer's use of force was objectively unreasonable is an issue that must be resolved at trial (The Estate of Tony Robinson Jr., ex rel. personal representative Andrea Irwin v. The City of Madison, Wis., and Matthew Kenny, No. 15-502, W.D. Wis., 2017 U.S. Dist. LEXIS 20733).

    Mealey's Litigation Procedure - Excessive Taxes Class Suit Dismissed For Failure To State A Claim

    NEW YORK - A New York federal judge on Feb. 14 dismissed a class suit accusing a retailer of charging excessive taxes on purchases where coupons are used, holding that the New York Tax Commission has the exclusive responsibility for examining those types of claims (Susan Kupferstein, et al. v. The TJX Companies, Inc., No. 15-5881, E.D. N.Y., 2017 U.S. Dist. LEXIS 20720).

    Mealey's Litigation Procedure - 8th Circuit Upholds $22M Document Fees Award, Reverses Attorney Fees Decision

    ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 13 affirmed an award of nearly $22 million in treble damages in a class suit over document fees; however, the panel reversed a $2.4 million attorney fee award from the common fund and remanded for enforcement of a fee-shifting provision (Robert McKeage, et al. v. TMBC, LLC, et al., No. 15-3191, 8th Cir., 2017 U.S. App. LEXIS 2491).

    Mealey's Litigation Procedure - Judge Substantially Denies Dismissal Of Claims In Securities Class Action

    DENVER - Shareholders have pleaded a majority of their claims against defendants in a securities class action lawsuit against a drug maker, certain of its current and former executive officers and others, a federal judge in Colorado found Feb. 9 in ruling on three different dismissal motions (Sonny P. Medina, et al. v. Clovis Oncology Inc., et al., No. 15-2546, D. Colo., 2017 U.S. Dist. LEXIS 18795).

    Mealey's Litigation Procedure - 2nd Circuit Panel Says Pension Plan Participant Has Standing To File Suit

    NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 10 issued a summary order vacating a New York federal judge's ruling that a pension plan participant does not have standing to sue on behalf of himself, his pension plan and other similarly situated Employee Retirement Income Security Act plans over alleged improper fiduciary conduct (Landol Fletcher v. Convergex Group LLC, et al., No. 16-734, 2nd Cir., 2017 U.S. App. LEXIS 2459).

    Mealey's Litigation Procedure - Judge Enforces $16.6M Award, Finds Morocco Was Not Primary Jurisdiction

    WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 10 granted a petition to confirm a $16,666,677 international arbitral award issued in a dispute over an agreement for a construction project, finding that the Kingdom of Morocco failed to show that it was the primary jurisdiction for the case (Salini Costruttori S.P.A. v. Kingdom of Morocco, No. 14-cv-2036, D.D.C.; 2017 U.S. Dist. LEXIS 19044).

    Mealey's Litigation Procedure - ICSID Issues Order Terminating DR-CAFTA Claims Against Costa Rica

    WASHINGTON, D.C. - After investors opted to not pursue any remaining claims against the Republic of Costa Rica in relation to their investments in a land development project, the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 10 issued an order terminating the case without prejudice (Spence International Investments, et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).

    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).