LexisNexis® Legal Newsroom
    Mealey's Litigation Procedure - Judge Says Damages Expert Allowed To Testify Report In Breach Of Contract Suit

    DALLAS - A damages expert may testify on only one of two reports filed in a breach of contract lawsuit between parties involved in the merchants and credit card issuers industry, a Texas federal judge ruled Feb. 19, finding that the one report was untimely filed (BCC Merchant Solutions, Inc. v. JetPay, LLC, et al., No. 12-5185, N.D. Texas; 2016 U.S. Dist. LEXIS 20710).

    Mealey's Litigation Procedure - Judge: Captain May Not Testify On GPS Coordinates In Criminal Suit Against Officer

    SCRANTON, Pa. - In a criminal suit against a police officer, a police captain may not testify as an expert regarding GPS coordinates and analysis, a Pennsylvania federal judge ruled Feb. 19, finding that the captain does not have the required specialized knowledge (Faith Kintzel v. Stephen Kleeman, Pennsylvania State Police Trooper, No. 13-163, M.D. Pa.; 2016 U.S. Dist. LEXIS 20158).

    Mealey's Litigation Procedure - Government Moves To Compel Apple To Unlock San Bernardino Shooter's IPhone

    RIVERSIDE, Calif. - Taking Apple Inc. to task for "publicly repudiating" a California federal court's order requiring it to assist the Federal Bureau of Investigation with its search of an iPhone used by one of the accused shooters in the recent mass shooting incident in San Bernardino, Calif., the U.S. government on Feb. 19 filed a motion to compel Apple's compliance with the previous order, noting "the urgency of this investigation" and Apple's clear "intention not to comply" (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).

    Mealey's Litigation Procedure - Ohio Supreme Court Remands Lead-Poisoning Case; Review Of Health Records Needed

    COLUMBUS, Ohio - The Ohio Supreme Court on Feb. 18 affirmed a lower court decision remanding a case involving a law firm's access to a county health agency's lead-poisoning records, ruling that the initial records request needs to be reviewed to determine what information, if any, can be released after all protected health information is redacted (Cuyahoga County Board of Health v. Lipson O'Shea Legal Group, No. 2014-0223, Ohio Sup.; 2016 Ohio LEXIS 423).

    Mealey's Litigation Procedure - Putative Class Action Alleges City Of Chicago Liable For Lead In Drinking Water

    CHICAGO - A group of Chicago residents filed a putative class action in state court on Feb. 18, alleging that the City of Chicago is liable for elevated levels of lead in the city's drinking water and that it has failed to warn residents of the danger despite its knowledge of the risk, which was created as a result of the city's water main replacement project (Tatjana Blotkevic, et al. v. City of Chicago, No. 2016-CH-02292, Ill. Cir., Cook Co., Chancery Div.).

    Mealey's Litigation Procedure - Class Suit Filed Against Hair Dye Company For Alleged Burns, Allergic Reactions

    ST. LOUIS - Two men on Feb. 17 filed a class action suit in Missouri federal court, alleging that a hair dye company does not warn its customers about burns and allergic reactions allegedly caused by a prolonged use of the product (Bryon Belton, et al. v. Combe Incorporated et al., No. 4:16-cv-00220. E.D. Mo.).

    Mealey's Litigation Procedure - Judge: Employees Living Within 1.25 Miles Of Employer May Bring Asbestos Claims

    MADISON, Wis. - Employees living within 1.25 miles of a door-manufacturing facility utilizing asbestos introduced sufficient evidence that home-based exposures contributed to their mesothelioma, a federal judge in Wisconsin held Feb. 19 in allowing the claims while also ruling on the admissibility of deposition testimony and alleged "every exposure" testimony (Milton Boyer and Kathy Boyer v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-286, Katrina Masephol v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-186, Janet Pecher, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-147, Virginia Prust, et al. v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-143, Roger Seehafer and Janice Seehafer v. Weyerhaeuser Co. and Owens-Illinois Inc., No. 14-161, Wesley Sydow and Theresa Sydow v. v. Weyerhaeuser Co., 3M Co., Metropolitan Life Insurance Co., Owens-Illinois Co., No. 14-219, Brian Heckel, et al. v. CBS Corp., et al., No. 13-459, Dianne Jacobs v. Rapid American Corp., et al., No. 12-899, W.D. Wis.; 2016 U.S. Dist. LEXIS 20207).

    Mealey's Litigation Procedure - Judge Bars Expert Testimony On Motor Safety Regulations In Negligence Lawsuit

    INDIANAPOLIS - In a negligence lawsuit, an expert may not testify to the Federal Motor Carrier Safety Regulations with regard to an accident when a car swerved to avoid debris from another vehicle being transported, an Indiana federal judge ruled Feb. 18, barring the testimony (Brady Phares v. Manheim Remarketing, Inc., et al., No. 14-01190, S.D. Ind.; 2016 U.S. Dist. LEXIS 19364).

    Mealey's Litigation Procedure - Alaska High Court: No Error In Admission Of Accident Reconstruction Testimony

    ANCHORAGE, Alaska - In a negligence lawsuit arising from a vehicle striking a pedestrian, an accident reconstruction expert was properly permitted to testify despite having not recently attended courses or published in the field, the Alaska Supreme Court affirmed Feb. 19 (Juan Martinez-Morales v. Ronda Martens, No. S-15805, Alaska Sup.; 2016 Alas. LEXIS 19).

    Mealey's Litigation Procedure - Kentucky High Court Finds No Error In Expert Testimony On Paternity Probability Test

    FRANKFORT, Ky. - There was no error in allowing an expert to testify about the probability of paternity based on a statistical method, the Kentucky Supreme Court ruled Feb. 18, also finding that the expert did not "invade the province" of the jury by instructing it on how to consider the evidence when it convicted a man on two counts of rape of a minor (Alfred Ivey, Jr. v. Commonwealth of Kentucky, No. 2014-SC000345, Ky. Sup.; 2016 Ky. LEXIS 2).

    Mealey's Litigation Procedure - 2nd Circuit Affirms $450 Million Settlement In Apple E-Book Antitrust Suit

    NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 17 affirmed a $450 million settlement in an antitrust class action over price fixing of electronic books (e-books) by Apple Inc., overruling a lone objector's arguments and noting a prior ruling that affirmed Apple's liability in the suit (In Re: Electronic Books Antitrust Litigation, No.14-4649 and 14-4710, 2nd Cir.; 2016 U.S. App. LEXIS 2642).

    Mealey's Litigation Procedure - Indiana Federal Judge: Student Athletes Are Not University Employees

    INDIANAPOLIS - Three student athletes failed to show that their participation on university sports teams renders them employees of the university for which they play, an Indiana federal judge ruled Feb. 16 in dismissing the students' claims that they are owed wages under the Fair Labor Standards Act (FLSA) (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 14-1710, S.D. Ind.; 2016 U.S. Dist. LEXIS 18194).

    Mealey's Litigation Procedure - Judge Allows Expert Testimony Challenged As 'Every Exposure,' Diagnosis Evidence

    SAN DIEGO - Defendants mischaracterize expert testimony that every exposure contributes to the final dose as every exposure causes disease, and their complaints regarding a second expert's immunohistochemical stain-based diagnosis are not grounds for exclusion, a federal judge in California held Feb. 16 (Gail Elizabeth Walashek, et al. v. Air & Liquid Systems Corp., et al., No. 14-1567, S.D. Calif.; 2016 U.S. Dist. LEXIS 18623).

    Mealey's Litigation Procedure - Class Of Inmates Granted Certification In Suit Over Padded Isolation Cells

    NEW ALBANY, Ind. - An Indiana federal judge on Feb. 16 certified a class of detainees who were housed in the Floyd County, Ind., jail and who allege that they were improperly kept in padded isolation cells as punishment for their behavior during booking (Tabitha Gentry, et al. v. Floyd County, Indiana, et al., No. 14-54, S.D. Ind.; 2016 U.S. Dist. LEXIS 18195).

    Mealey's Litigation Procedure - 5th Circuit Refuses To Review Decision Granting Motion To Compel

    NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 17 found that it lacked jurisdiction to review an appeal of an order compelling arbitration of claims asserted by oil and drilling entities but remanded claims asserted against other entities to a Texas state court (Rasheed Al Rushaid, et al. v. National Oilwell Varco Inc., et al., No. 15-20260, 5th Cir.; 2016 U.S. App. LEXIS 2716).

    Mealey's Litigation Procedure - Panel Reverses Judgment In Product Liability Suit Based Upon Report On Gun Design

    ATLANTA - A trial court erred in excluding an expert's testimony that a man died as a result of a defect in the design of his rifle, the 11th Circuit U.S. Court of Appeals held Feb. 17, reversing summary judgment entered in favor of the gun manufacturer (Cynthia Seamon, individually and as personal representative of the Estate of Kenneth Seamon v. Remington Arms Company, LLC, No. 14-15662, 11th Cir.; 2016 U.S. App. LEXIS 2645).

    Mealey's Litigation Procedure - Judge Rules On Daubert Motions In Lawsuit Over Police Officer Shooting

    DENVER - A Colorado federal judge ruled Feb. 16 on various Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 [1993]) motions to exclude testimony regarding professional police standards and "selective attention" among other subjects in a lawsuit against a county and its police department for a shooting and killing of a police officer by another officer (Tamara Davies, as personal representative of the Estate of James Davies v. The City of Lakewood, Colo., and its Police Department, et al., No. 14-01285, D. Colo.; 2016 U.S. Dist. LEXIS 18348).

    Mealey's Litigation Procedure - Panel Reverses Order For New Trial In Suit Based On Untimely Daubert Objection

    MIAMI - A defendant in a personal injury lawsuit failed to make a timely objection under Daubert v. Merrell Dow Pharmaceuticals, Inc. (509 U.S. 579 [1993]), a Florida appeals panel ruled Feb. 17, reversing a trial judge's decision to grant a new trial following a $93,000 jury verdict (Enzo Rojas v. Yagmerys Rodriguez, No. 3D15-277, Fla. App., 3rd Dist.; 2016 Fla. App. LEXIS 2247).

    Mealey's Litigation Procedure - Woman Files Putative Class, Says Michigan Governor Liable For Flint Water Crisis

    DETROIT - A resident of Flint, Mich., on Feb. 16 filed a putative class action in the U.S. District Court for the Eastern District of Michigan against the State of Michigan, its governor and various officials in the governor's administration, contending that the state is liable for the lead contamination of the city's drinking water because the state "completely overtook and replaced" Flint's city government prior to the water crisis (Angela McIntosh v. State of Michigan, et al., No. 16-10571, E.D. Mich.).

    Mealey's Litigation Procedure - Blind Moviegoers Sue AMC For Failing To Maintain Audio Equipment

    SAN FRANCISCO - Five blind individuals and two organizations filed a class complaint in California federal court on Feb. 16 accusing AMC Entertainment Inc., AMC Entertainment Holdings Inc. and American Multi-Cinema Inc. of failing to maintain audio description equipment for blind customers to use (Scott Blanks, et al. v. AMC Entertainment Inc., et al., No. 16-765, N.D. Calif.).

    Mealey's Litigation Procedure - Judge Limits Engineer's Testimony, Grants Judgment On Strict Liability Claims

    SCRANTON, Pa. - A professional engineer may not testify to a stock picker's hydraulic system and electrical drive system but may testify regarding the stock picker's steering wheel fastening system, a Pennsylvania federal judge ruled Feb. 16, granting and denying in part summary judgment to a manufacturer on strict liability and negligence claims (Patricia English and Richard English v. Crown Equipment Corp., No. 13-0978, M.D. Pa.; 2016 U.S. Dist. LEXIS 18029).

    Mealey's Litigation Procedure - Apple Ordered To Unlock San Bernardino Terrorists' IPhone, Vows To Oppose

    RIVERSIDE, Calif. - The same day that a California federal magistrate judge issued an order compelling Apple Inc. to "unlock" a cellular phone owned by one of the shooters in the December San Bernardino, Calif., attack, Apple on Feb. 16 released a public statement asserting its opposition to the order out of a concern for privacy and security from technology and a precedent that "would undermine the very freedoms and liberty our government is meant to protect" (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:15-mj-00451, C.D. Calif.).

    Mealey's Litigation Procedure - ICSID Establishes Timeline In Treaty Arbitration Commenced Against Kosovo

    WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 16 released its first procedural order in an arbitration commenced by a German entity against the Republic of Kosovo, establishing the procedural details of the case (ACP Axos Capital GmbH v. Republic of Kosovo, No. ARB/15/22, ICSID).

    Mealey's Litigation Procedure - Suit Over City Parking Fees Denied Class Certification

    PHILADELPHIA - A lawsuit accusing the City of Philadelphia of improperly collecting meter fees for parking when parking was to be free of charge was denied class certification on Feb. 11 by a Pennsylvania federal judge and sent back to the state court where it originated (Angela Parsons, et al. v. The Philadelphia Parking Authority, et al., No. 13-0955, E.D. Pa.; 2016 U.S. Dist. LEXIS 16731).

    Mealey's Litigation Procedure - Judge Permits Testimony On Actual Identifiers In Patent Infringement Lawsuit

    WILMINGTON, Del. - In a patent infringement lawsuit, an expert may testify on actual identifiers in systems for providing efficient data storage that eliminate redundancy using deduplication techniques, a Delaware federal judge ruled Feb. 11, also granting and denying summary judgment on issues of infringement and validity (EMC Corp., et al. v. Pure Storage, Inc., No. 13-1985, D. Del.; 2016 U.S. Dist. LEXIS 16794).