LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - California Federal Judge Certifies Nike Employee Waiting Time Class

    SAN JOSE, Calif. - A California federal judge on Aug. 19 certified a class of Nike Retail Services Inc. workers suing for wages for time spent waiting for and during inspections following their shifts (Isaac Rodriguez v. Nike Retail Services, Inc., No. 14-1508, N.D. Calif.; 2016 U.S. Dist. LEXIS 110961).

    Mealey's Litigation Procedure - Judge Bars ACA Testimony; Jury Awards Defense Verdict In Medical Negligence Case

    HARRISBURG, Pa. - A federal jury in Pennsylvania on Aug. 19 found no negligence in a doctor's failure to properly diagnose and treat a woman's herpes zoster virus after a judge ruled that the jury would not hear testimony regarding the potential availability of Patient Protection and Affordable Care Act (ACA) benefits (Tami Bernheisel v. Martin Mikaya, M.D., Memorial Hospital Inc., et al., No. 13-1496, M.D. Pa.).

    Mealey's Litigation Procedure - $100 Million Uber Settlement Denied Preliminary Approval Again, Despite More Info

    SAN FRANCISCO - A California federal judge on Aug. 18 denied preliminary approval for a second time of a $100 million settlement between Uber Technologies Inc. and its drivers, who allege in two lawsuits that they have been misclassified as independent contractors, finding that, despite supplemental briefing, "the Settlement as a whole is not fair, adequate, and reasonable" (Douglas O'Connor, et al. v. Uber Technologies, Inc., et al., No. 13-3826, Hakan Yucesoy, et al. v. Uber Technologies, Inc., et al., No. 15-262, N.D. Calif.).

    Mealey's Litigation Procedure - Judge Orders Interrogatory Of Clinton In FOIA Suit Involving Private Email Use

    WASHINGTON, D.C. - A District of Columbia federal judge on Aug. 19 found that a public interest group sufficiently demonstrated that former Secretary of State (SOS) Hillary Clinton has unique firsthand knowledge as to the creation and use of the private email server clintonemail.com to justify the presidential candidate's deposition in a lawsuit over the group's 2013 Freedom of Information Act (FOIA) request on the U.S. Department of State. However, citing the "apex doctrine," the judge ruled that the deposition would occur via written interrogatories (Judicial Watch Inc. v. U.S. Department of State, No. 1:13-cv-01363, D. D.C.).

    Mealey's Litigation Procedure - Ashley Madison Operator Calls Data Breach Plaintiffs' Discovery Requests Too Broad

    ST. LOUIS - Opposing a motion to compel discovery by the plaintiffs in a putative class action over the 2015 hacking of the Ashley Madison website, the site's operator on Aug. 16 told a Missouri federal court that it already produced everything that falls "within the scope of the 'limited discovery' necessary to decide" a pending motion to compel arbitration (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).

    Mealey's Litigation Procedure - Judge Bars Medicine Specialist From Opining On Link Between Emotional Distress, Medications

    KANSAS CITY, Kan. - An internal medicine specialist may not offer testimony on how a woman's emotional distress could be linked to medications she was taking at the time of alleged sexual harassment during her employment at Pittsburg State University (PSU), a Kansas federal judge ruled Aug. 17 (Martha Fox v. Pittsburg State University, No. 14-2606, D. Kan.; 2016 U.S. Dist. LEXIS 109861).

    Mealey's Litigation Procedure - California Federal Judge Says McDonald's Corp. Isn't Joint Employer Of Bay Area Workers

    SAN FRANCISCO - A California federal judge on Aug. 16 granted partial summary judgment to McDonald's Corp. in a wage-and-hour putative class action brought by a franchisee's workers, finding that McDonald's does not jointly employ the named plaintiffs because it does not retain or exert direct or indirect control over their hiring, firing, wages or working conditions (Guadalupe Salazar, et al. v. McDonald's Corp., et al., No. 3:14-cv-02096, N.D. Calif.; 2016 U.S. Dist. LEXIS 108764).

    Mealey's Litigation Procedure - Judge Refuses To Dismiss Class Claims Related To Labels On Dairy Beverages

    SAN FRANCISCO - A California federal judge on Aug. 16 refused to dismiss a consumer's class action claims for violation of California's unfair completion law (UCL) and other causes of action in relation to allegedly misleading labels on probiotic dairy beverages, denying the manufacturer's motion to dismiss the case and to strike the claims (Robert E. Figy v. Lifeway Foods Inc., No. 13-cv-04828, N.D. Calif.; 2016 U.S. Dist. LEXIS 108755).

    Mealey's Litigation Procedure - Judge Finds Amount-In- Controversy Requirement Not Met, Remands UCL Claims

    FRESNO, Calif. - After finding that an employer's calculation of the amount in controversy in a class action filed in relation to wage claims was speculative, a Califronia federal judge on Aug. 16 granted a former employee's motion to remand his claims for violation of California labor laws and unfair competition law (UCL) to state court (David Dobbs, individually, and on behalf of all others similarly situated, v. Wood Group PSN Inc., an unknown entity, No. 1:16-CV-00838, E.D. Calif.; 2016 U.S. Dist. LEXIS 108714).

    Mealey's Litigation Procedure - Class Certification Denied In Suit Alleging Thermostat Didn't Perform As Promised

    SAN JOSE, Calif. - A Maryland man who claims that the Nest Learning Thermostat (NLT) didn't live up to claims that it would help him save on energy costs failed to satisfy the commonality, typicality, adequacy or predominance requirements, a California federal judge ruled Aug. 15, denying the consumer's motion for class certification (Justin Darisse v. Nest Labs, Inc., No. 14-1363, N.D. Calif.; 2016 U.S. Dist. LEXIS 107938).

    Mealey's Litigation Procedure - DEA's Subpoena Of Hotmail Account Did Not Violate 4th Amendment, 7th Circuit Rules

    CHICAGO - The U.S. Drug Enforcement Agency (DEA) did not violate the Fourth Amendment to the U.S. Constitution in issuing subpoenas on a man's email provider and Internet service provider (ISP) because he had no expectation of privacy in his computer's Internet protocol (IP) address, a Seventh Circuit U.S. Court of Appeals panel found Aug. 17, affirming a district court's denial of the defendant's motion to suppress in a drug possession case (United States of America v. Frank Caira, No. 14-1003, 7th Cir.; 2016 U.S. App. LEXIS 15098).

    Mealey's Litigation Procedure - 2nd Circuit Denies Hearing On Motion To Certify Questions About Chemical Leak

    NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Aug. 15 denied an en banc hearing to a class of plaintiffs who sought to certify state law questions related to their allegations that they suffered personal injuries from exposure to fugitive chemicals from Union Carbide Corp.'s (UCC) closed Bhopal, India, pesticide refinery during a leak of methyl isocyanate in 1984 (Jargarnath Sahu, et al. v. Union Carbide Corp., et al., No. 14-3087, 2nd Cir.).

    Mealey's Litigation Procedure - 9th Circuit Affirms Dismissal Of NuBone California Class Action

    SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 affirmed dismissal of a NuBone bone putty class action complaint, saying the plaintiff failed to prove there was a contract between him and manufacturer Globus Medical Inc. and negligence per se is not a recognized independent claim under California law (Eugene A. DeBons, et al. v. Globus Medical, Inc., No. 14-56455, 9th Cir.; 2016 U.S. App. LEXIS 15057).

    Mealey's Litigation Procedure - Judge Finds Purchasers Failed To Show Teething Tablets Do Not Work

    LOS ANGELES - A California federal judge on Aug. 16 found that claims for violation of California's unfair competition law (UCL) and for false advertising asserted by purchasers of homeopathic teething tablets and other products failed because the purchasers did not show by a preponderance of the evidence that the products do not do what they say they will do on the product packaging (Kim Allen, et al. v. Hyland's Inc., et al., No. 12-1150, C.D. Calif.; 2016 U.S. Dist. LEXIS 108683).

    Mealey's Litigation Procedure - Federal Judge Refuses To Intervene In Foreclosure Action, Dismisses Case

    TRENTON, N.J. - After finding that it would be improper to intervene in a state foreclosure-related action, a New Jersey federal judge on Aug. 16 dismissed a borrower's action against a bank in which he asserted a claim for violation of the Truth in Lending Act (TILA) (Abhi Barthakur v. Wells Fargo Bank, N.A., No. 15-8079, D. N.J.; 2016 U.S. Dist. LEXIS 108304).

    Mealey's Litigation Procedure - Federal Judge: No Remand In Suit Without Defined Class, Amount In Controversy

    ST. LOUIS - A Missouri federal judge on Aug. 16 denied a motion to remand a class complaint accusing a telecommunications provider of selling its customers' private information, finding that the defendant was able to show federal jurisdiction pursuant to the Class Action Fairness Act (CAFA) despite the plaintiffs' lack of clear class definition and amount in controversy (Reno Cova, et al. v. Charter Communications, Inc., No. 16-675, E.D. Mo.; 2016 U.S. Dist. LEXIS 108028).

    Mealey's Litigation Procedure - 5th Circuit: Coca-Cola Machines Need Not Be ADA Accessible

    NEW ORLEANS - Soft drink vending machines are themselves not "places of public accommodation" under the Americans with Disabilities Act (ADA) and are not required to be handicapped accessible, the Fifth Circuit U.S. Court of Appeals ruled Aug. 15, affirming a trial court's dismissal of a class complaint challenging the accessibility (Emmett Magee, et al. v. Coca-Cola Refreshments USA, Incorporated, No. 15-31018, 5th Cir.; 2016 U.S. App. LEXIS 14978).

    Mealey's Litigation Procedure - Expert's Opinion On Lack Of Suicide Prevention Policy Backed By Evidence, Federal Judge Says

    ST. LOUIS - An expert provided sufficient documentation to support his opinion that the St. Louis County, Mo., Justice Department failed to develop and implement an effective suicide prevention policy and effective suicide prevention training and supervision program for correctional officers prior to an inmate's suicide, a Missouri federal judge ruled Aug. 15 (A.H., et al. v. St. Louis County, Mo., et al., No. 14-2069, E.D. Mo.; 2016 U.S. Dist. LEXIS 107487).

    Mealey's Litigation Procedure - Judge Partially Bars Expert's Testimony On Damages In Patent Infringement Lawsuit

    SAN FRANCISCO - In a patent infringement lawsuit concerning computer security technology, a damages expert's apportionment methodology is unreliable as it improperly inflates the apportionment base, a California federal judge ruled Aug. 15, partially excluding the testimony (Finjan Inc. v. Sophos Inc., No. 14-01197, N.D. Calif.; 2016 U.S. Dist. LEXIS 107831).

    Mealey's Litigation Procedure - Illinois Federal Judge Allows Expert's Opinion On Sole Cause Of Admiralty Accident

    CHICAGO - In an admiralty case, an expert may opine that the sole cause of an incident was a lockmaster's failure to reduce the flow of water through a dam so that a vessel and a tow could safely enter a canal, an Illinois federal judge ruled Aug. 16 (In the matter of the complaint of Ingram Barge Co. as owner of the M/V Dale A. Heller and the IB9525, IN025300, IN085089, IN095041, IN096081, IN107057, and IN117513, petitioning for exoneration from or limitation of liability, No. 13-3453 c/w In the matter of American Commercial Lines, LLC, as owner and Inland Marine Service, Inc., as owner pro hac vice of the M/V Loyd Murphy for exoneration from or limitation of liability, No. 13-4292, N.D. Ill.; 2016 U.S. Dist. LEXIS 107984).

    Mealey's Litigation Procedure - Class Claims Against NCAA Alleging Sham Classes At UNC Are Dismissed

    GREENSBORO, N.C. - A North Carolina federal judge on Aug. 12 granted a motion by the National Collegiate Athletic Association (NCAA) to dismiss it as a defendant in a class complaint accusing the NCAA and the University of North Carolina at Chapel Hill (UNC-Chapel Hill) of steering college athletes into sham classes where they received little to no education (Rashanda McCants, et al. v. The National Collegiate Athletic Association, et al., No. 15-176, M.D. N.C.; 2016 U.S. Dist. LEXIS 106873).

    Mealey's Litigation Procedure - Denial Of Class Certification Upheld By 3rd Circuit In Widener Law Students' Suit

    PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 16 upheld a trial court's denial of class certification in a lawsuit filed by law school graduates who claim that their alma mater induced students to enroll or stay enrolled by misreporting job placement and salary statistics of alumni, despite finding that the court below "labored under a few misconceptions about the plaintiffs' theory of the case" (John Harnish, et al. v. Widener University School of Law, No. 15-3888, 3rd Cir.; 2016 U.S. App. LEXIS 15007).

    Mealey's Litigation Procedure - D.C. Circuit Stays Senate Subcommittee Subpoena On Backpage.com CEO

    WASHINGTON, D.C. - The chief executive officer of online classifieds website operator Backpage.com LLC was granted temporary relief from a U.S. Senate subcommittee's discovery subpoena on Aug. 12 when a District of Columbia U.S. Circuit Court of Appeals panel granted his emergency motion to stay, which was filed the same day (Senate Permanent Subcommittee on Investigations v. Carl Ferrer, No. 16-5232, D.C. Cir.).

    Mealey's Litigation Procedure - PCA Holds Hearing On Jurisdiction In UNCITRAL Case Filed Against Russia

    THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Aug. 15 provided an update in an arbitration commenced by a bank and finance company pursuant to the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

    Mealey's Litigation Procedure - Class Suit Over Nestle's Dog Treat Claims Mostly Survives Dismissal Motion

    NEW YORK - A New York federal judge on Aug. 12 denied a motion by Nestle Purina Petcare Co. to dismiss a class complaint accusing it of falsely portraying the amount of bacon in its Beggin' Strips bacon flavor dog treats except as to the company's claims on its website (Paul Kacocha, et al. v. Nestle Purina Petcare Company, No. 15-5489, S.D. N.Y.; 2016 U.S. Dist. LEXIS 107097).