LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - New Jersey Magistrate Denies Insurance Department Motion To Quash Subpoena

    NEWARK, N.J. - A New Jersey federal magistrate judge on Sept. 30 denied the New Jersey Department of Banking and Insurance's motion to quash a subpoena related to the denial of a woman's mental health treatments, saying a confidentiality provision in the state Health Care Quality Act is preempted by the Employee Retirement Income Security Act (Rachel B. v. Horizon Blue Cross Blue Shield of New Jersey, No. 14-cv-01153, D. N.J.; 2016 U.S. Dist. LEXIS 135547).

    Mealey's Litigation Procedure - D.R. Horton Ordered By Magistrate Judge To Produce List Of Lawsuits

    ORLANDO, Fla. - D.R. Horton Inc. must respond to a subcontractor's request for information regarding other lawsuits the builder has been named a party in over allegedly defective stucco, after a federal magistrate judge in Florida on Oct. 3 ruled that the information is relevant (D.R. Horton Inc. v. H&H Stucco & Stone Inc., et al., No. 15-cv-2063-Orl-40TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 136603).

    Mealey's Litigation Procedure - Delaware High Court Upholds Use Of Officer's Testimony On Smell Of Marijuana Odor

    WILMINGTON, Del. - The Delaware Supreme Court on Sept. 29 found no error in the allowance of a police officer's testimony on the smell of marijuana odor, which led to a search of a vehicle, because establishing an intent to deliver drugs requires "something else" such as the officer's testimony beyond proving possession, quantity or packaging (Kenneth Fowler v. State of Delaware, No. 595,2015, Del. Sup.; 2016 Del. LEXIS 506).

    Mealey's Litigation Procedure - Cosby Permitted To Intervene In Accuser's Deposition In Defamation Suit

    PHILADELPHIA - Granting in part a motion to intervene by Bill Cosby, a Pennsylvania federal judge on Oct. 3 ruled that the comedian's counsel may attend the deposition of one of his sexual assault accusers in a related defamation suit, finding that Cosby had an interest in protecting certain details in a 2006 confidential settlement agreement (CSA), while making it clear that the counsel may not interfere with the deposition (Andrea Constand v. Bruce Castor, No. 2:15-cv-05799, E.D. Pa.; 2016 U.S. Dist. LEXIS 136742).

    Mealey's Litigation Procedure - Judge Tells Employer To Provide Expert Witnesses' Previous Case Compensation

    NEW YORK - In a personal injury lawsuit, an employer must provide information concerning its expert witnesses' past compensation in previous cases, a New York federal judge ruled Sept. 29, granting in part motions to exclude (Daniel Whalen v. CSX Transportation Inc., No. 13-3784, S.D. N.Y.; 2016 U.S. Dist. LEXIS 135061).

    Mealey's Litigation Procedure - Claims Against Dole Over 'All Natural' Fruit Labeling Are Partially Reinstated

    SAN FRANCISCO - A purchaser of Dole Packaged Foods LLC's fruit products who claims that the company improperly advertises the fruit as "All Natural" may proceed with his individual claim of unjust enrichment but not his class claim, a Ninth Circuit U.S. Court of Appeals panel ruled Sept. 30 in a decision partially reversing a trial court's summary judgment ruling for Dole (Chad Brazil, et al. v. Dole Packaged Foods, LLC, No. 14-17480, 9th Cir.; 2016 U.S. App. LEXIS 17733).

    Mealey's Litigation Procedure - Judge Rules In Favor Of Turkish Investor, Denies Judgment For Kyrgyz

    NEW YORK - After finding that an international tribunal has jurisdiction over an investment dispute related to a hotel and that the U.S. District Court for the Southern District of New York was the appropriate venue for enforcement proceedings, a New York federal judge on Oct. 3 granted judgment for a Turkish investor, finding that a $11,528,563 award, including costs and interest, should be confirmed (Sistem Muhendislik Insaat Ve Ticaret, A.S. v. The Kyrgyz Republic, No. 12-CV-4502, S.D. N.Y.; 2016 U.S. Dist. LEXIS 136905).

    Mealey's Litigation Procedure - Split En Banc 5th Circuit Affirms Class Certification In Pyramid Scheme Suit

    NEW ORLEANS - A sharply divided en banc Fifth Circuit U.S. Court of Appeals on Sept. 30 affirmed certification of a class of individuals who signed up to sell utility contracts to others but now seek to recover the money they lost, alleging that they were part of a fraudulent pyramid scheme (Juan Ramon Torres, et al. v. S.G.E. Management, L.L.C., et al., No. 14-20128, 5th Cir.; 2016 U.S. App. LEXIS 17746).

    Mealey's Litigation Procedure - U.S. Supreme Court Won't Review Ketek Third-Party Payer RICO Class Denial

    WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 3 denied certiorari for three third-party payers that allege that Sanofi-Aventis U.S. Inc. violated the Racketeer Influenced and Corrupt Organizations (RICO) Act by fraudulently inducing doctors to prescribe the antibiotic Ketek (Sergeants Benevolent Association Health and Welfare Fund, et al. v. Sanofi-Aventis U.S., Inc., No.15-1525, U.S. Sup.).

    Mealey's Litigation Procedure - Suit Against Whole Foods For Alleged Overpricing Scheme Dismissed In Texas

    AUSTIN, Texas - A Texas federal judge on Sept. 28 dismissed without prejudice a putative class action brought under the Employee Retirement Income Security Act alleging that Whole Foods Market Inc. breached its fiduciary duty to participants in its 401(k) plan by allowing employees to continue to invest in the company while the company's stock was artificially inflated due to a widespread overpricing scheme (Thomas Martone, et al. v. Whole Foods Market Inc., No. 1:15-CV-877, W.D. Texas; 2016 U.S. Dist. LEXIS 133703).

    Mealey's Litigation Procedure - GM, Toyota To 9th Circuit: Affirm Dismissal Of Class Action Over Hacking Dangers

    SAN FRANCISCO - In a pair of appellee briefs filed Sept. 28, Toyota Motor Corp. and General Motors LLC say that the plaintiffs in a putative class action alleging the potential of vehicles being hacked and personal information being shared or stolen failed to plead sufficient injury to establish standing, asking the Ninth Circuit U.S. Court of Appeals to affirm a lower court's dismissal of the suit (Helene Cahen, et al. v. Toyota Motor Corp., et al., No. 16-15496, 9th Cir.).

    Mealey's Litigation Procedure - 2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion

    NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).

    Mealey's Litigation Procedure - Judge: Psychiatrist Allowed To Opine On Causation For Athlete's Eating Disorder

    WHITE PLAINS, N.Y. - A psychiatrist may opine on the cause and exacerbation of a young female tennis player's bulimia while she was participating in a residential program, a New York federal judge ruled Sept. 28, declining to grant summary judgment on causation (Natalie O'Loughlin and Julia O'Loughlin v. USTA Player Development Inc., et al., No. 14-2194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 133586).

    Mealey's Litigation Procedure - Judge Partially Bars Damages Testimony In Tempur-Pedic Misrepresentation Lawsuit

    ST. PAUL, Minn. - A Minnesota federal judge on Sept. 28 excluded in part some testimony from damages experts and technical experts in a misrepresentation lawsuit between Select Comfort Corp. and Tempur Sealy International Inc., doing business as Tempur-Pedic (Select Comfort Corp. v. Tempur Sealy International Inc. d/b/a Tempur-Pedic and Mattress Firm Inc. d/b/a Mattress Firm, No. 13-2451, D. Minn.; 2016 U.S. Dist. LEXIS 133828).

    Mealey's Litigation Procedure - Judge Stays Case Pending Appeal Of Ruling Setting Aside Yukos Awards

    WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 30 granted a motion filed by investors in OAO Yukos Oil Co. to stay a petition to confirm, pending the outcome of their appeal of a Dutch court's order setting aside more than $50 billion in arbitral awards issued in their favor and against the Russian Federation (Hulley Enterprises Limited [Cyprus], et al., No. 1:14-cv-01996, D. D.C.).

    Mealey's Litigation Procedure - Judge Rejected Argentina's Request To Set Aside $20M ICSID Award

    WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 30 found that an international tribunal was not biased and did not exceed its authority when it issued a $20,957,809 arbitral award in favor of a United Kingdom company, denying an application filed by the Republic of Argentina to set aside the award and granting the company's cross-petition to confirm (The Republic of Argentina v. AWG Group Ltd., No. 1:15-cv-01057, D. D.C.).

    Mealey's Litigation Procedure - U.S. High Court Declines To Hear NCAA, Student-Athletes Appeals

    WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 3 denied petitions for writ of certiorari filed by both student-athletes and the National Collegiate Athletic Association (NCAA) after the Ninth Circuit U.S. Court of Appeals ruled that NCAA regulations are subject to antitrust scrutiny and, pursuant to the rule of reason, the NCAA must allow its schools to provide compensation to their student-athletes up to the cost of attendance (Edward C. O'Bannon, Jr., et al. v. National Collegiate Athletic Association, No. 15-1167, National Collegiate Athletic Association v. Edward C. O'Bannon, Jr., et al., No. 15-1388, U.S. Sup.).

    Mealey's Litigation Procedure - U.S. High Court Won't Hear Objector's Appeal Of LexisNexis Data Settlement

    WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari filed by an objector of a class settlement by LexisNexis Risk & Information Analytics Group Inc., Seisint Inc. and Reed Elsevier Inc. (collectively, Lexis) under which the defendants will provide monetary compensation and alter some of their products and distribution methods to end a class complaint filed by consumers who allege that reports being sold to debt collectors violate the Fair Credit Reporting Act (FCRA) (Adam E. Schulman v. LexisNexis Risk and Information Analytics Group, Inc., et al., No. 15-1420, U.S. Sup.; 2016 U.S. LEXIS 5254).

    Mealey's Litigation Procedure - Oracle Denied New Trial, Judgment In Java Suit Post-Trial Proceedings

    SAN FRANCISCO - Oracle America Inc. saw its post-trial motions for judgment as a matter of law (JMOL) and for a new trial denied by a California federal judge Sept. 27, who found that defendant Google Inc. did not engage in any discovery misconduct meriting a new trial (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.).

    Mealey's Litigation Procedure - Objectors To NFL Concussion Settlement Seek Supreme Court Review

    WASHINGTON, D.C. - Thirty-one former football players who oppose the concussion settlement between former players and the National Football League (NFL) on Sept. 26 filed a petition for a writ of certiorari with the U.S. Supreme Court, hoping to stop the $1 billion settlement from taking effect because they believe it is unfair to players who have not yet been diagnosed with a brain injury (Raymond Armstrong, et al. v. National Football League, et al., No. 16A186, U.S. Sup.).

    Mealey's Litigation Procedure - Federal Circuit: Discovery Sanctions In Patent Case Were Abuse Of Discretion

    WASHINGTON, D.C. - A Pennsylvania federal judge abused his discretion when striking a patent infringement defendant's answer and counterclaims as a sanction for failure to comply with two discovery orders, the Federal Circuit U.S. Court of Appeals ruled Sept. 29 (Drone Technologies Inc. v. Parrot S.A., et al., Nos. 15-1892, -1955, Fed. Cir.; 2016 U.S. App. LEXIS 17643).

    Mealey's Litigation Procedure - Insured Must Produce Documents Related To Premium Allocation, Federal Judge Says

    INDIANAPOLIS - Insureds seeking coverage for environmental contamination claims must produce information related to their premium allocation in addition to a list of all of the insureds' global coverage policies, an Indiana federal judge said Sept. 27 (Eli Lilly and Co., et al. v. Arch Insurance Co., et al., No. 13-1770, S.D. Ind.; 2016 U.S. Dist. LEXIS 131855).

    Mealey's Litigation Procedure - 5th Circuit Vacates U Visa Discovery Orders, Remands For New Approach

    NEW ORLEANS - The grant of discovery orders seeking visa information for undocumented aliens cooperating in a government investigation of an employer accused of discrimination are too broad and impose an undue burden, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 27, remanding to the Mississippi trial court "to devise an approach to U visa discovery that adequately protects the diverse and competing interests at stake" (Maria Cazorla, et al. v. Koch Foods of Mississippi, L.L.C., et al., Equal Employment Opportunity Commission v. Koch Foods of Mississippi, L.L.C., No. 15-60562, 5th Cir.; 2016 U.S. App. LEXIS 17565).

    Mealey's Litigation Procedure - Judge Upholds Denial Of Class Certification For Unmanifested Asbestos Claims

    WILMINGTON, Del. - A Delaware federal judge on Sept. 28 affirmed a bankruptcy court's denial of class certification for holders of possible future asbestos injury claims against Chapter 11 debtor Energy Future Holdings Corp., holding that the court did not abuse its discretion in finding that the proposed class would not be superior to individual litigation (Michael Cunningham, et al. v. Energy Future Holdings Corp., No. 15-1218, D. Del.; 2016 U.S. Dist. LEXIS 133167).

    Mealey's Litigation Procedure - Conde Nast's Dismissal Motion Fails In Class Suit Over Disclosing Customers' Info

    NEW YORK - A New York federal judge on Sept. 28 denied a magazine publisher's attempt to dismiss a class complaint accusing it of violating the privacy rights of Michigan subscribers by selling their personal information to third parties (Suzanne Boelter, et al. v. Advance Magazine Publishers Inc., d/b/a/ Conde Nast, No. 15-5671, S.D. N.Y.; 2016 U.S. Dist. LEXIS 134484).