LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Google, Oracle Spar Over Post-Judgment Sanctions For Financial Info Disclosure

    SAN FRANCISCO - In an Aug. 8 opposition brief filed in California federal court, Oracle America Inc. calls a post-trial motion for civil contempt and sanctions by Google Inc. "unprecedented," asserting that the discovery trial statements that purportedly disclosed confidential information "were responsive" to arguments from Google and probing questions from the presiding magistrate (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).

    Mealey's Litigation Procedure - GM MDL Bellwether Plaintiff Seeks To Exclude Expert Testimony

    NEW YORK - The plaintiff in the final bellwether trial in the General Motors ignition switch multidistrict litigation says in an Aug. 2 brief that the automaker should not be able to present expert testimony from a doctor who claims that she was under the influence of drugs when she crashed her car (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, Amy Ladon Norville v. General Motors LLC, No. 14-cv-8176 S.D. N.Y.).

    Mealey's Litigation Procedure - Pennsylvania Federal Judge Says Motor Vehicle Statute Saves Claim From Preemption

    SCRANTON, Pa. - A Pennsylvania federal judge on Aug. 2 partially denied a life insurance company's motion to dismiss a putative class action for benefits under an Employee Retirement Income Security Act plan, finding that a section of a state motor vehicle statute "regulates insurance" and is therefore saved from ERISA preemption (Eric Yost, et al. v. Anthem Life Insurance Co., No. 3:16-cv-00079, M.D. Pa.; 2016 U.S. Dist. LEXIS 101202).

    Mealey's Litigation Procedure - Judge: Treating Physician May Testify On Relationship Between Accident, Surgeries

    HATTIESBURG, Miss. - A treating physician is qualified to testify as to the causal relationship between a car accident and a man's subsequent surgeries, a Mississippi federal judge ruled Aug. 3, finding that it does not matter that the physician is unable to decide whether the man's need for surgery was the result of the accident (Kelvin Anderson v. United States of America, No. 15-55, S.D. Miss.; 2016 U.S. Dist. LEXIS 101758).

    Mealey's Litigation Procedure - Trucking Safety Expert May Opine On Company's Power Carrier Program, Judge Says

    HARRISBURG, Pa. - In a personal injury lawsuit arising out of an auto collision, a trucking industry safety expert may testify that a trucking company's power carrier program did not act as a freight broker, a Pennsylvania federal judge ruled Aug. 3, finding that the expert qualifies to testify on the Federal Motor Carrier Safety Regulations (FMCSRs) related to brokers of property (Francisco Ramos-Becerra and Louisa Ramos v. Ricky L. Hatfield, et al., No. 14-0917, M.D. Pa.; 2016 U.S. Dist. LEXIS 101579).

    Mealey's Litigation Procedure - Judge Certifies Class In Hailstorm Coverage Suit Challenging Insurance Practices

    KANSAS CITY, Mo. - A Missouri federal judge on Aug. 1 granted insureds' motion to certify a class in a lawsuit alleging that their homeowners insurer unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.; 2016 U.S. Dist. LEXIS 99980).

    Mealey's Litigation Procedure - PCA Says Russia Did Not Participate In Hearing In Petrol Station Seizure Case

    THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Aug. 3 issued a statement giving various updates in two arbitrations commenced against the Russian Federation, noting that a hearing on jurisdiction has been held and that Russia did not participate in the hearing (PJSC Ukrnafta v. the Russian Federation, No. 2015-34, PCA; [i] Stabil LLC, [ii] Rubenor LLC, [iii] Rustel LLC, [iv] Novel-Estate LLC, [v] PII Kirovograd-Nafta LLC, [vi] Crimea-Petrol LLC, [vii] Pirsan LLC, [viii] Trade-Trust LLC, [ix] Elefteria LLC, [x] VKF Satek LLC, [xi] Stemv Group LLC v. The Russian Federation, No. 2015-35, PCA).

    Mealey's Litigation Procedure - Lao Holdings Files Amended Request For Arbitration With ICSID Against Laos

    WASHINGTON, D.C. - Lao Holdings N.V. on Aug. 3 announced that it has filed an amended request for arbitration with the International Centre for Settlement of Investment Disputes (ICSID), seeking damages from the government of Laos in relation to alleged breaches of a 2014 settlement agreement that resolved a dispute over an investment in the Laos gaming industry.

    Mealey's Litigation Procedure - Panel: No Error In Use Of Testimony On Murder Defendant's Demeanor

    RALEIGH, N.C. - A trial judge did not err in allowing the admission of an investigator's testimony concerning a man's demeanor when questioned about a murder, the North Carolina Court of Appeals ruled Aug. 2 (State of North Carolina v. Travis Lamont Daughtridge, No. COA15-1160, N.C. App.; 2016 N.C. App. LEXIS 805).

    Mealey's Litigation Procedure - Motion To Dismiss Partially Granted, Partially Denied In Data Breach Class Suit

    PORTLAND, Ore. - A class of consumers suing a health care benefits provider over a data breach must clarify and replead several fraud-based and contract-based claims if they wish to proceed with them, an Oregon federal judge ruled Aug. 1, granting in part and denying in part a motion to partially dismiss the suit (In Re: Premera Blue Cross Customer Data Security Breach Litigation, No. 15-2633, D. Ore.; 2016 U.S. Dist. LEXIS 100198).

    Mealey's Litigation Procedure - Illinois Panel Dismisses Appeal, Cross-Appeal For Lack Of Jurisdiction

    CHICAGO - An Illinois appeals panel on Aug. 1 dismissed an insurer's appeal and insureds' cross-appeal for lack of jurisdiction in a coverage dispute over a racial discrimination lawsuit filed against the insureds (Country Mutual Insurance Co. v. Best Pallet Company, LLC, et al., No. 1-14-1269, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 1575).

    Mealey's Litigation Procedure - N.J. Man Sues Pokemon Go Developer For Placing Stops On Private Property

    OAKLAND, Calif. - The developer of Pokemon Go, a popular "augmented reality" game that is played on smartphones, is liable for nuisance for placing virtual parts of the game known as "Pokestops" and "Pokemon gyms" on or adjacent to private property, a New Jersey man alleges in a class complaint filed July 29 in a California federal court (Jeffrey Marder, et al. v. Niantic, Inc., et al., No. 16-4300, N.D. Calif.).

    Mealey's Litigation Procedure - Judge Bars Nurse's Opinion Of $3M In Future Health Needs In Wal-Mart Slip-And-Fall Case

    LAS VEGAS - A registered nurse may not testify that a woman injured in a slip and fall at a Wal-Mart store will need a life-care plan valued at more than $3 million because the nurse did not consult with the woman's treating physicians, a Nevada federal judge ruled July 29, excluding the testimony (Robbin L. Lologo and Vincent J. Lologo v. Wal-Mart Stores, Inc. and Advantage Sales & Marketing, LLC, No. 13-1493, D. Nev.; 2016 U.S. Dist. LEXIS 100559).

    Mealey's Litigation Procedure - Federal Judge Allows Detective's Testimony On Drug Deal Code Language

    LOS ANGELES - A police detective may testify on interpreting coded language in conversations between an alleged drug dealer and a confidential informant (CI), a California federal judge ruled July 29, refusing to exclude his testimony (United States of America v. Brian Sawyers, No. 15-00070, C.D. Calif.; 2016 U.S. Dist. LEXIS 99688).

    Mealey's Litigation Procedure - ICSID Finds Cyprus Company Is Not Investor Under BIT, Dismisses Claims

    PARIS - After finding that a Cyprus company was not an investor under the terms of a bilateral investment treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 2 released an award, finding that it lacked jurisdiction over an arbitration commenced against Montenegro in relation to its investment in an aluminum facility (CEAC Holdings Limited v. Montenegro, No. ARB/14/8, ICSID).

    Mealey's Litigation Procedure - 2nd Circuit Affirms $400M Award, Disregards Annulment By Mexican Court

    NEW YORK - Despite an annulment ruling in a Mexican court, the Second Circuit U.S. Court of Appeals on Aug. 2 affirmed a district court's decision to confirm a $400 million award issued in favor of a Mexican corporation in a dispute over underlying contracts for the construction of offshore platforms (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y, No. 13-4022, 2nd Cir.).

    Mealey's Litigation Procedure - GM MDL Judge Will Allow Results Of Blood Test In Trial

    NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on Aug. 1 partially granted and partially denied motions to exclude filed by the automaker and the plaintiff in the fifth bellwether trial by saying that the automaker will be allowed to present testimony about the results of a blood test that indicates that the plaintiff may have had alcohol in her system when her car crashed (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).

    Mealey's Litigation Procedure - Split California High Court: Classwide Arbitration Is A Procedural Matter

    SAN FRANCISCO - Pursuant to California law, an arbitrator is the appropriate party to decide whether an arbitration agreement allows arbitration on a classwide basis, a divided California Supreme Court ruled July 28, holding that the question is a procedural matter, not a gateway question of arbitrability (Timothy Sandquist v. Lebo Automotive, Inc., et al., No. S220812, Calif. Sup.; 2016 Cal. LEXIS 6246).

    Mealey's Litigation Procedure - Judge: Doctors Allowed To Testify On Use Of Medicine In Wrongful Death Suit

    LAS VEGAS - Doctors may testify that by not instructing a patient to discontinue Probenecid or nonsteroidal anti-inflammatory drugs (NSAIDs), the government and one of its Veterans Affairs doctors reduced a substantial chance for a more favorable recovery, a Nevada federal judge ruled July 28, denying a request to exclude the testimony in a medical malpractice lawsuit (Rosa Carrion, as surviving spouse and heir of Jose Carrion, deceased v. United States of America and Dr. William Dodge, No. 13-00419, D. Nev.; 2016 U.S. Dist. LEXIS 99519).

    Mealey's Litigation Procedure - Massachusetts Federal Judge: Domino's Driver Class Actions Can Proceed

    BOSTON - A Massachusetts federal judge on July 29 allowed two separate but related putative class actions filed on behalf of Domino's pizza delivery drivers against their Domino's franchise employers to proceed, although limited to one class that signed an arbitration agreement and one class that did not (Atila Adolfo Tigges, et al. v. AM Pizza Inc., et al., No. 1:16-cv-10136, and Tylor Reeves, et al. v. PMLRA Pizza, et al., No. 1:16-cv-10474, D. Mass.; 2016 U.S. Dist. LEXIS 100366).

    Mealey's Litigation Procedure - Insurer Asks To Intervene In Reinsurance Case To Challenge Motion To Seal

    SYRACUSE, N.Y. - Century Indemnity Co. moved in a federal court in New York on July 28 to intervene in an asbestos reinsurance billing dispute for the purpose of opposing a reinsured's motion to seal certain documents (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).

    Mealey's Litigation Procedure - Judge Finds 2nd Affidavit Does Not Resolve Question Of Materiality

    BATON ROUGE, La. - A second affidavit from an insurance company's property product manager did not resolve questions concerning the materiality of misrepresentations that were made on a policy holder's application, a federal judge in Louisiana ruled July 28 in denying Century Surety Co.'s second motion for summary judgment (Century Surety Company v. Bassam Nafel, et al., No. 14-CV-00101-JWD-EWD, M.D. La.; 2016 U.S. Dist. LEXIS 98620).

    Mealey's Litigation Procedure - Attorney In Whirlpool Suit Must Produce Documents Of Prior Class Action Objections

    ST. LOUIS - An attorney representing a party objecting to the proposed settlement in a product defects class action must provide responsive discovery documents related to his representation of objecting class members in other suits, a Missouri federal judge ruled July 27 in denying the attorney's motion to quash a subpoena, finding the requested documents to be relevant and amply protected from unnecessary disclosure.(In Re: Jonathan E. Fortman, No. 4:16-mc-00421, E.D. Mo.; 2016 U.S. Dist. LEXIS 97911).

    Mealey's Litigation Procedure - Mirena IUD Judge Rejects Alternative Causation Claims, Dismisses All 1,377 Cases

    WHITE PLAINS, N.Y. - A New York federal judge on July 28 granted summary judgment and dismissed all 1,377 Mirena intrauterine device (IUD) multidistrict litigation cases, saying the plaintiffs cannot prove without an expert that the device can move about the body after insertion and that the plaintiffs cannot rely on lay understanding by jurors or infer admission by defendant Bayer Healthcare Pharmaceuticals Inc. (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, No. 13-mc-2434, S.D. N.Y.).

    Mealey's Litigation Procedure - Judge: Investors Pleaded Falsity, Scienter In Making Securities Law Claims

    BROOKLYN, N.Y. - Dismissal of an amended complaint in a securities class action lawsuit is not proper because the lead plaintiffs have pleaded falsity, materiality and scienter in making their federal securities law claims by arguing that a research manufacturing company and certain of its current and former executive officers concealed issues relating to a power failure at one of the company's laboratories, a federal judge in New York ruled July 26 (John Gauquie v. Albany Molecular Research Inc., et al., No. 14-6637, E.D. N.Y.; 2016 U.S. Dist. LEXIS 97295).