LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Mechanical Engineer May Testify On Flesh Detection Technology, Judge Finds

BRATTLEBORO, Vt. - A mechanical engineer may testify in a products liability lawsuit on the technological feasibility of incorporating flesh detection technology, a Vermont federal judge ruled March 2; however, the engineer may not offer expert testimony regarding the cost of incorporating that technology (Roger Cote v. Robert Bosch Tool Corp., No. 14-202, D. Vt.; 2016 U.S. Dist. LEXIS 27484).

Mealey's Bankruptcy - Court: Kentucky Suit Claiming Failure To Fully Disclose Asbestos Exposures Untimely

LOUISVILLE, Ky. - Complaints about a plaintiff's alleged failure to disclose the existence of additional asbestos exposures involves perjury claims subject to a one-year limitations period, not fraud, a Kentucky court held in affirming dismissal March 4 (Garlock Sealing Technologies LLC v. Delores Ann Robertson, et al., No. 2013-CA-001546-MR, Ky. App.; 2016 Ky. App. Unpub. LEXIS 175).

Mealey's PI/Product Liability - Court: Kentucky Suit Claiming Failure To Fully Disclose Asbestos Exposures Untimely

LOUISVILLE, Ky. - Complaints about a plaintiff's alleged failure to disclose the existence of additional asbestos exposures involves perjury claims subject to a one-year limitations period, not fraud, a Kentucky court held in affirming dismissal March 4 (Garlock Sealing Technologies LLC v. Delores Ann Robertson, et al., No. 2013-CA-001546-MR, Ky. App.; 2016 Ky. App. Unpub. LEXIS 175).

Mealey's Litigation Procedure - Court: Kentucky Suit Claiming Failure To Fully Disclose Asbestos Exposures Untimely

LOUISVILLE, Ky. - Complaints about a plaintiff's alleged failure to disclose the existence of additional asbestos exposures involves perjury claims subject to a one-year limitations period, not fraud, a Kentucky court held in affirming dismissal March 4 (Garlock Sealing Technologies LLC v. Delores Ann Robertson, et al., No. 2013-CA-001546-MR, Ky. App.; 2016 Ky. App. Unpub. LEXIS 175).

Mealey's Litigation Procedure - Mechanical Engineer May Testify On Flesh Detection Technology, Judge Finds

BRATTLEBORO, Vt. - A mechanical engineer may testify in a products liability lawsuit on the technological feasibility of incorporating flesh detection technology, a Vermont federal judge ruled March 2; however, the engineer may not offer expert testimony regarding the cost of incorporating that technology (Roger Cote v. Robert Bosch Tool Corp., No. 14-202, D. Vt.; 2016 U.S. Dist. LEXIS 27484).

Mealey's Toxic Tort/Environmental - Court: Kentucky Suit Claiming Failure To Fully Disclose Asbestos Exposures Untimely

LOUISVILLE, Ky. - Complaints about a plaintiff's alleged failure to disclose the existence of additional asbestos exposures involves perjury claims subject to a one-year limitations period, not fraud, a Kentucky court held in affirming dismissal March 4 (Garlock Sealing Technologies LLC v. Delores Ann Robertson, et al., No. 2013-CA-001546-MR, Ky. App.; 2016 Ky. App. Unpub. LEXIS 175).

Mealey's IP/Tech - Supreme Court Denies Apple Certiorari In E-Book Price Fixing Case

WASHINGTON, D.C. - In its March 7 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Apple Inc. in a lawsuit in which the technology giant was found guilty of violating the Sherman Act by conspiring with publishers to fix the prices of electronic books (e-books) (Apple Inc. v. United States of America, et al., No. 15-565, U.S. Sup.).

Mealey's IP/Tech - Federal Circuit Upholds Results Of Patent Board Inter Partes Review

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on March 1 refused to review a decision by the Patent Trial and Appeal Board to institute inter partes review (IPR) on only a subset of the grounds presented in a petition (Harmonic Inc. v. Avid Technology Inc., No. 15-1072, Fed. Cir.; 2016 U.S. App. LEXIS 3727).

Mealey's PI/Product Liability - Wright Hip Plaintiff Says Verdict, Excused Juror Don't Warrant New Trial

ATLANTA - A jury's initial inconsistent verdict and the dismissal of a recalcitrant juror during deliberations are not reasons to overturn an $11 million metal-on-metal hip implant verdict, the plaintiff told a federal court in Georgia on Feb. 26 in opposing defendant Wright Medical Technology Inc.'s motion for judgment as a matter of law (JMOL), a new trial or an amended judgment (In Re: Wright Medical Technology, Inc., Conserve Hip Implant Products Liability Litigation, MDL Docket No. 2329, No. 12-md-2329, Robyn Christiansen v. Wright Medical Technology, Inc., No. 13-297, N.D. Ga., Atlanta Div.).

Mealey's Litigation Procedure - Lyft Seeks Protective Order From Uber Subpoenas In Data Breach Suit

SAN FRANCISCO - Asserting that Uber Technologies Inc. is using the discovery process in a lawsuit over a 2014 breach of its database to obtain proprietary and confidential information, Uber's competitor Lyft Inc. on Feb. 19 moved for a protective order in California federal court to prevent Uber from pursuing further discovery demands from a Lyft employee (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Study Finds 'Widespread Inconsistencies' In Trust Claims, U.S. Chamber Says

WASHINGTON, D.C. - A law firm's study of asbestos personal injury claim evidence in the Chapter 11 case of Garlock Sealing Technologies LLC "shows widespread inconsistencies in the information single asbestos plaintiffs provide to the different" asbestos bankruptcy trusts, according to a Feb. 19 news release by the U.S. Chamber of Commerce's Institute for Legal Reform (ILR).

Mealey's PI/Product Liability - Study Finds 'Widespread Inconsistencies' In Trust Claims, U.S. Chamber Says

WASHINGTON, D.C. - A law firm's study of asbestos personal injury claim evidence in the Chapter 11 case of Garlock Sealing Technologies LLC "shows widespread inconsistencies in the information single asbestos plaintiffs provide to the different" asbestos bankruptcy trusts, according to a Feb. 19 news release by the U.S. Chamber of Commerce's Institute for Legal Reform (ILR).

Mealey's Bankruptcy - Study Finds 'Widespread Inconsistencies' In Trust Claims, U.S. Chamber Says

WASHINGTON, D.C. - A law firm's study of asbestos personal injury claim evidence in the Chapter 11 case of Garlock Sealing Technologies LLC "shows widespread inconsistencies in the information single asbestos plaintiffs provide to the different" asbestos bankruptcy trusts, according to a Feb. 19 news release by the U.S. Chamber of Commerce's Institute for Legal Reform (ILR).

Mealey's Insurance - Shareholder Seeks To Halt Merger Deal Until Details Of Plan Are Discussed

SAN FRANCISCO - A shareholder filed a securities class action complaint in California federal court on Feb. 18, seeking to halt a company's proposed merger until the details of the merger plan are disseminated to stockholders as a result of the defendants' alleged misstatements made in the merger plan documents (Brent Talbert v. Mattson Technology Inc., et al., No. 16-0811, N.D. Calif.).

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 IP/Tech - 2nd Circuit Affirms: Injunction Violated In Copyright Case

NEW YORK - An injunction issued by a New York federal judge that prohibited the distribution of copyrighted television content over the Internet was violated by "Teleporter" remote storage digital video recording (DVR) technology, the Second Circuit U.S. Court of Appeals ruled Feb. 16 (CBS Broadcasting Inc., et al. v. FilmOn.com Inc., et al., No. 14-3123, 2nd Cir.; 2016 U.S. App. LEXIS 2609).

Mealey's Litigation Procedure - Uber Agrees To Settle Safe Ride Fee Claims For $28.5 Million

SAN FRANCISCO - Plaintiffs who sued Uber Technologies Inc. and Raiser LLC in California federal court over the ride-share service's "Safe Rides Fee" filed a stipulation of settlement on Feb. 11 stating that the defendants have agreed to pay $28.5 million to end the class action complaint and will rename the fee as well as change the advertising wording regarding safety (Matthew Philliben, et al. v. Uber Technologies, Inc., et al., No. 14-5615, N.D. Calif.).

Mealey's Litigation Procedure - Judge Rejects Office's Attempt To Apply Consultant Corollary Exception To Drafts

WASHINGTON, D.C. - A federal judge in the District of Columbia on Feb. 10 denied the Office of Science and Technology Policy's (OSTP) request to apply the consultant corollary exception of the deliberative process privilege to a five-page draft of a letter that was shared with a Rutgers University professor who believes that global warming has spurred a phenomenon known as the "polar vortex," finding that the professor could not be likened to a government employee and that her opinion was not being sought to assist the office with forming a policy position (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 14-cv-01806, D. D.C.; 2016 U.S. Dist. LEXIS 15893).

Mealey's Toxic Tort/Environmental - Judge Rejects Office's Attempt To Apply Consultant Corollary Exception To Drafts

WASHINGTON, D.C. - A federal judge in the District of Columbia on Feb. 10 denied the Office of Science and Technology Policy's (OSTP) request to apply the consultant corollary exception of the deliberative process privilege to a five-page draft of a letter that was shared with a Rutgers University professor who believes that global warming has spurred a phenomenon known as the "polar vortex," finding that the professor could not be likened to a government employee and that her opinion was not being sought to assist the office with forming a policy position (Competitive Enterprise Institute v. Office of Science and Technology Policy, No. 14-cv-01806, D. D.C.; 2016 U.S. Dist. LEXIS 15893).

Mealey's Securities/D&O Liability - Pension Fund In Securities Suit Seeks Sanctions For Unpreserved Emails

CENTRAL ISLIP, N.Y. - The lead defendant in a securities fraud class action failed to fulfill its duty to preserve relevant emails despite being on notice of litigation, the lead pension fund plaintiff asserts in a Feb. 5 motion for sanctions in New York federal court, seeking implementation of an adverse inference in its favor (In re Symbol Technologies Inc. Securities Litigation, No. 2:05-CV-03923, E.D. N.Y.).

Mealey's Litigation Procedure - Pension Fund In Securities Suit Seeks Sanctions For Unpreserved Emails

CENTRAL ISLIP, N.Y. - The lead defendant in a securities fraud class action failed to fulfill its duty to preserve relevant emails despite being on notice of litigation, the lead pension fund plaintiff asserts in a Feb. 5 motion for sanctions in New York federal court, seeking implementation of an adverse inference in its favor (In re Symbol Technologies Inc. Securities Litigation, No. 2:05-CV-03923, E.D. N.Y.).

Mealey's IP/Tech - Expert In Patent Suit Does Not Rely On Rejected Theory, Magistrate Judge Finds

MARSHALL, Texas - A telecommunications plaintiff's expert in a patent infringement lawsuit does not rely on a previously rejected doctrine of equivalents theory, a Texas federal magistrate judge held Feb. 5, refusing to strike paragraphs from the expert's report (Mobile Telecommunications Technologies, LLC v. LG Electronics MobileComm U.S.A., Inc., No. 13-947, E.D. Texas; 2016 U.S. Dist. LEXIS 13881).

Mealey's Litigation Procedure - Expert In Patent Suit Does Not Rely On Rejected Theory, Magistrate Judge Finds

MARSHALL, Texas - A telecommunications plaintiff's expert in a patent infringement lawsuit does not rely on a previously rejected doctrine of equivalents theory, a Texas federal magistrate judge held Feb. 5, refusing to strike paragraphs from the expert's report (Mobile Telecommunications Technologies, LLC v. LG Electronics MobileComm U.S.A., Inc., No. 13-947, E.D. Texas; 2016 U.S. Dist. LEXIS 13881).

Mealey's Litigation Procedure - South Dakota Man Sues Seagate Over 'Spectacularly' Defective Hard Drives

SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - South Dakota Man Sues Seagate Over 'Spectacularly' Defective Hard Drives

SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).