LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Oklahoma Federal Judge Bars Pilot's Testimony In Products Liability Lawsuit

    TULSA, Okla. - Rendering moot a federal magistrate judge's report and recommendation that a pilot's expert testimony in an aviation negligence and products liability lawsuit should be partially excluded under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), an Oklahoma federal judge ruled March 14 that the entire testimony should be excluded for the pilot's failure to prepare the report himself (James Rodgers, et al. v. Beechcraft Corp. f/k/a Hawker Beechcraft Corp., et al., No. 15-0129, N.D. Okla., 2017 U.S. Dist. LEXIS 36131).

    Mealey's Litigation Procedure - Judge Denies Approval Of Google Email-Scanning Class Settlement

    SAN JOSE, Calif. - In a March 15 order, a California federal judge denied preliminary approval of a proposed settlement of a class action over Google Inc.'s practice of scanning emails of non-Gmail users, faulting the lack of clear notice and disclosures in the settlement and finding it unclear that the settlement is "fundamentally fair, adequate, and reasonable" (Daniel Matera, et al. v. Google Inc., No. 5:15-cv-04062, N.D. Calif., 2017 U.S. Dist. LEXIS 37370).

    Mealey's Litigation Procedure - Judge Compels Arbitration Of Chef's Injury-Related Claims Against Ship Owner

    MIAMI - A Florida federal judge on March 13 compelled arbitration of a sous chef's injury-related claims against the owner of a ship, finding that they directly related to an underlying mandatory arbitration provision in her employment contract but remanded her claims against another vessel owner to a state court for lack of jurisdiction (Linnea Wexler v. Solemates Marine Ltd., et al., No. 16-cv-62704, S.D. Fla., 2017 U.S. Dist. LEXIS 36376).

    Mealey's Litigation Procedure - Former Florida Felons Sue To Restore Voting Rights

    TALLAHASSEE, Fla. - Seven former felons filed a class complaint on March 13 in Florida federal court against the Florida governor and members of the Executive Clemency Board, alleging that the state's disenfranchisement and re-enfranchisement laws "have made the process of voting rights restoration unconstitutionally arbitrary" (James Michael Hand, et al. v. Rick Scott, et al., No. 17-128, N.D. Fla.).

    Mealey's Litigation Procedure - Judgment Denied, Partial Class Certification Granted In Natural Labeling Suit

    NEW HAVEN, Conn. - A Connecticut federal judge on March 13 denied cross-motions for summary judgment in two putative class actions alleging deceptive marketing of Aveeno products and granted class certification in one case and denied it in the other in a single omnibus ruling (Heidi Langan, et al. v. Johnson & Johnson Consumer Companies, Inc., Nos. 13-1470 and 13-1471, D. Conn., 2017 U.S. Dist. LEXIS 35703).

    Mealey's Litigation Procedure - Panel Awards California Electric Company $125M For Defective Generators

    ROSEMEAD, Calif. - Southern California Edison (SCE) on March 13 announced that an international arbitration tribunal has issued an award in a dispute over defective generators that were built for use at a nuclear plant, awarding SCE $125 million in damages.

    Mealey's Litigation Procedure - Tata And Docomo Seek Stay Pending Approval Of Settlement By Indian Court

    NEW YORK- In a joint statement filed with the U.S. District Court for the Southern District of New York, an Indian telecommunications provider on March 13 said that it will pay a Japanese telecommunications company a $1.7 billion arbitral award pursuant to a settlement and requested that the case be stayed pending approval of the agreement between the parties by an Indian court (NTT Docomo Inc. v. Tata Sons Limited, No. 1:16-cv-7809, S.D. N.Y.).

    Mealey's Litigation Procedure - No Court Remedy For Diabetes Products Tax Dispute

    LOS ANGELES - A class of customers who purchase skin puncture lancets and test strips used by diabetics and filed a class complaint seeking an order to compel pharmacies to file a claim seeking a refund of the sales tax paid for those items failed to establish that the necessary "unique circumstances" exist that would require a court to create a new tax refund remedy, a California appellate panel ruled March 13 (Michael McClain, et al. v. Sav-On Drugs, et al., Nos. B265011 and B265029, Calif. App., 2nd Dist., Div. 2, 2017 Cal. App. LEXIS 217).

    Mealey's Litigation Procedure - Amendment Permitted, Class Certification Considered In Honda Window Defect Suit

    LOS ANGELES - A California federal judge on March 10 denied a motion for summary judgment filed by American Honda Motor Co. Inc. in a proposed class complaint accusing the car maker of selling certain models with defective windows and granted the plaintiffs' motion to amend their complaint to substitute the named plaintiff to represent a narrowed proposed class (Phyllis Grodzitsky, et al. v. American Honda Motor Co., Inc., No. 12-1142, C.D. Calif., 2017 U.S. Dist. LEXIS 185019).

    Mealey's Litigation Procedure - Judge Decides Motions To Exclude Causation Testimony In Personal Injury Lawsuit

    KANSAS CITY, Kan. - A Kansas federal judge on March 13 granted in part and denied in part motions to exclude expert testimony from both sides involved in a personal injury lawsuit on the issue of causation for injuries a woman allegedly sustained in a vehicle collision (Wendy L. Delgado v. Lyle J. Unruh, et al., No. 14-01262, D. Kan.; 2017 U.S. Dist. LEXIS 35790).

    Mealey's Litigation Procedure - California Federal Judge Denies Sephora's Request For Partial Stay In Wage Dispute

    SAN FRANCISCO - A motion for a partial stay filed by an employer in a wage-and-hour dispute pursuant to the Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976), doctrine must be denied because it was an attempt to dismiss "the potentially meritorious" claims of a nationwide class, a California federal judge ruled March 13 (Lacey Hernandez, et al. v. Sephora USA, Inc., No. 16-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 35758).

    Mealey's Litigation Procedure - Benicar MDL Plaintiff Experts Must Produce Patient Records Relied On In Reports

    CAMDEN, N.J. - A New Jersey federal magistrate judge overseeing the Benicar multidistrict litigation on March 13 ordered plaintiffs to produce redacted records of Benicar patients on which two experts relied (In Re: Benicar [Olmesartan] Products Liability Litigation, MDL Docket No. 2606, No. 15-2606, D. N.J.).

    Mealey's Litigation Procedure - Shareholders May Amend Complaint To Add Claim In Securities Suit, Judge Rules

    HOUSTON - Shareholders in a securities class action lawsuit against an energy company, several of its executive officers and directors and others may amend their complaint to add a claim for relief because their motion was filed prior to the deadline for amendments and amendment would not be futile, a federal judge in Texas ruled March 10 in granting the motion (In re Cobalt International Energy Inc. Securities Litigation, No. 14-3428, S.D. Texas; 2017 U.S. Dist. LEXIS 34437).

    Mealey's Litigation Procedure - Firms Petition Supreme Court, Say Class Action Ruling In Flint Water Case 'Wrong'

    WASHINGTON, D.C. - A group of engineering firms that were sued by residents who contended that they shared liability for the lead-contaminated water crisis in Flint, Mich., on March 9 filed a petition for writ of certiorari in the U.S. Supreme Court arguing that the Sixth Circuit U.S. Court of Appeals' decision that a plaintiff may obtain remand under the Class Action Fairness Act (CAFA) without evidence of class members' citizenship "creates a circuit split and is wrong" (Lockwood Andrews & Newnam P.C. v. Jennifer Mason, No. 16-1092, U.S. Sup.).

    Mealey's Litigation Procedure - No Error In Admission Of Testimony On Firearm Parts Sold, 11th Circuit Finds

    ATLANTA - A trial court did not err in allowing testimony that firearm parts sold by a police officer were of the same type as firearms listed on a police department's property destruction logs, the 11th Circuit U.S. Court of Appeals ruled March 9 (United States of America v. Tammy Lynn Valdes and Rafael Oscar Valdes, No. 14-10252, 11th Cir.; 2017 U.S. App. LEXIS 4142).

    Mealey's Litigation Procedure - Judge Preliminarily OKs $22.5 Million Settlement Of Google AdWords Class Action

    SAN JOSE, Calif. - Preliminary approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) was granted March 9, with a California federal judge approving a proposed settlement class and settlement fund and setting dates for class notification and a fairness hearing (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

    Mealey's Litigation Procedure - Bayer Tells 2nd Circuit Mirena Experts, 'Admissions' Evidence Properly Excluded

    NEW YORK - Bayer HealthCare Pharmaceuticals Inc. on March 8 told the Second Circuit U.S. Court of Appeals that the Mirena multidistrict litigation court did not err in excluding the plaintiffs' three causation expert witnesses and said the plaintiffs' "proof of general causation" is legally inadequate (In Re Mirena IUD Products, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals Incorporated, No. 16-3012, 2nd Cir.).

    Mealey's Litigation Procedure - Texas Federal Judge Denies Motion To Amend ERISA Complaint Against BP

    HOUSTON - A Texas federal judge on March 8 denied a motion filed by participants and beneficiaries of BP entities' employee investment and savings plans covered by the Employee Retirement Income Security Act to file an amended complaint related to the Deepwater Horizon Gulf of Mexico oil spill that resulted in a steep drop in the BP stock price for failure to state a claim (In Re: BP P.L.C. Securities Litigation, In re: BP ERISA Litigation, No. 4:10-cv-4214, S.D. Texas, 2017 U.S. Dist. LEXIS 33302).

    Mealey's Litigation Procedure - Stucco Remediation Expert's Methodology Not Reliable, Relevant, Judge Rules

    ORLANDO, Fla. - A stucco remediation expert's methodology for calculating the cost to repair homes made by Pulte Home Corp. that have improperly installed stucco is not reliable or relevant, a federal judge in Florida ruled March 10 in granting the builder's motion to exclude the testimony (Shaun Gazzara, et al. v. Pulte Home Corporation, No. 16-cv-657-Orl-31TBS, M.D. Fla.).

    Mealey's Litigation Procedure - Class Suit Over Costco Employment Application's FCRA Disclosure Will Proceed

    SEATTLE - A Washington federal judge on March 10 denied a motion to dismiss filed by Costco Wholesale Corp. in a class complaint accusing the retailer of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants (Julius Terrell v. Costco Wholesale Corp., No. 16-1415, W.D. Wash., 2017 U.S. Dist. LEXIS 34821).

    Mealey's Litigation Procedure - Sex Toy Maker Seeks To Settle Privacy Suit For $3.75 Million

    CHICAGO - A sex toy maker accused of wrongfully collecting highly sensitive personal information about its consumers' usage of its products seeks to settle a class complaint for approximately $3.75 million, the plaintiffs state in a motion for preliminary approval of the class action settlement filed March 9 in an Illinois federal court (N.P., et al. v. Standard Innovation [US], Corp., d/b/a We-Vibe, No. 16-8655, N.D. Ill.).

    Mealey's Litigation Procedure - Florida High Court Rejects Daubert Issue But Vacates Death Sentence On Other Law

    TALLAHASSEE, Fla. - Although the Florida Supreme Court on March 9 rejected a convicted man's argument that his death sentence is unconstitutionally arbitrary as a result of the Florida Legislature's adoption of the standard in Daubert v. Merrell Dow Pharmaceuticals Inc., it vacated the death sentence based on other case law and remanded for a new penalty phase (Charles L. Anderson v. State of Florida, No. SC12-1252, Charles L. Anderson v. Julie L. Jones, et al., No. SC14-881, Fla. Sup.; 2017 Fla. LEXIS 508).

    Mealey's Litigation Procedure - Judge: Investors Failed To Plead Scienter In Chipotle Securities Suit

    NEW YORK - Lead plaintiffs have failed to plead any material misrepresentations or scienter in making claims that Mexican restaurant chain Chipotle Mexican Grill Inc. and certain of its executive officers issued certain misrepresentations concealing issues surrounding a widespread series of E. coli outbreaks in violation of federal securities laws, a federal judge in New York ruled March 8 in granting the defendants' motion to dismiss (Susie Ong v. Chipotle Mexican Grill Inc., et al., No. 16-141, S.D. N.Y., 2017 U.S. Dist. LEXIS 33170).

    Mealey's Litigation Procedure - Judge Grants Motion To Compel Admissions From Chiropractor Accused Of Fraud

    SEATTLE - A federal judge in Washington on March 7 ordered a chiropractor and his practice to submit better responses to State Farm Mutual Automobile Insurance Co.'s requests for information regarding treatments provided for patients that are subject to an alleged fraudulent billing scheme (State Farm Mutual Automobile Insurance Company v. Peter J. Hanson, P.C. d/b/a Hanson Chiropractic, et al., No. C16-1085RSL, W.D. Wash., 2017 U.S. Dist. LEXIS 32719).

    Mealey's Litigation Procedure - 8th Circuit Panel Remands ABB Retirement Plan Case For Recalculation Of Losses

    ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on March 9 remanded to Missouri federal court a case in which ABB Inc. fiduciaries were found to have abused their discretion and breached their fiduciary duties in choosing investment options for their 401(k) retirement plans, saying that the lower court seems to have mistook a recommendation on how to measure plan losses (Ronald C. Tussey, et al. v. ABB Inc., et al., No. 15-2792, 8th Cir., 2017 U.S. App. LEXIS 4225).