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Mealey's Litigation Procedure - Panel Upholds Finding Of No Negligence By Hospital, Doctor With Admission Of Testimony

TEXARKANA, Texas - Finding no error in the admission of two medical professionals' testimony concerning the medical care and treatment a patient received, a Texas appeals panel on Dec. 19 upheld a take-nothing judgment and finding of no negligence on the part of a hospital and one of its doctors...

Mealey's Litigation Procedure - 3rd Circuit Affirms Confirmation Of Award For Solazyme Inc.

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Dec. 20 affirmed a district court's confirmation of an arbitral award that granted a California corporation the rights to intellectual property and patent applications for the development of microalga products, finding that an arbitral panel...

Mealey's Litigation Procedure - Committee Refuses To Annul $39M Award For SAUR International

WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 19 released its decision refusing to annul a $39 million award plus interest that was issued in favor of a French company against the Argentine Republic in relation to its investment...

Mealey's Litigation Procedure - 9th Circuit Denies Rehearing En Banc In Uber Drivers' FCRA Suits

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 21 made a small amendment to its Sept. 7 opinion in which it held that a California federal judge erred when he assumed the authority to decide in two class complaints whether arbitration agreements between Uber Technologies Inc. and...

Mealey's Litigation Procedure - Judge Excludes Testimony In Breach Of Contract Suit Over Supply Of Crude Oil

HOUSTON - In a breach of contract lawsuit, a Texas federal judge on Dec. 20 excluded in part testimony from both parties involved in a dispute over an agreement for the supply of crude oil (Musket Corp. v. Suncor Energy [U.S.A.] Marketing Inc., No. 15-100, S.D. Texas; 2016 U.S. Dist. LEXIS 175601).

Mealey's Litigation Procedure - Twitter Must Identify User Who Sent Seizure-Inducing Tweet To Writer

DALLAS - A journalist who suffered an epileptic seizure after receiving a tweet from an anonymous poster containing a strobe image was granted leave by a Texas judge on Dec. 19 to depose a representative of Twitter Inc. to obtain identifying information about the Doe poster for the purpose of pursuing...

Mealey's Litigation Procedure - 10th Circuit: Traditional Meaning Of In Controversy Keeps Suit In Federal Court

DENVER - A proposed class complaint accusing a company of failing to be upfront on its website about its monthly fees belongs in federal, not state, court under the Class Action Fairness Act (CAFA) once the traditional meaning of the term "in controversy" is applied, a 10th Circuit U.S. Court...

Mealey's Litigation Procedure - Uber Wage Class Complaint Dismissed Due To Clear Arbitration Agreement

DETROIT - An arbitration provision agreed to by Uber Technologies Inc. drivers "clearly and unmistakably" provides that an arbitrator must decide the issue of arbitrability, a Michigan federal judge ruled Dec. 27, granting a motion to compel arbitration of a wage class complaint filed by two...

Mealey's Litigation Procedure - ICSID Partially Grants Annulment For Venezuela, Affirms $36M Damages Ruling

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its decision on an application for annulment of an award issued in favor of several marine transportation services entities, annulling a portion of the award in which...

Mealey's Litigation Procedure - D.C. Circuit Dismisses Nigeria's Appeal Of $11.2 Million ICC Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 27 affirmed a district court's decision to confirm a $11.2 million arbitral award issued by the International Chamber of Commerce (ICC) International Court of Arbitration in favor of a power company, finding that the...

Mealey's Litigation Procedure - Bass Pro Race Bias Suit Is Unaffected By High Court's Tyson Ruling

HOUSTON - The U.S. Supreme Court's decision in Tyson Foods, Inc. v. Bouaphakeo (136 S. Ct. 1036 [2016]) - a Fair Labor Standards Act case in which the high court, in its decision approving of the plaintiffs' reliance on representative evidence to satisfy the procedural requirements for class...

Mealey's Litigation Procedure - Judge Allows, Bars Certain Expert Testimony In A Product Defect Lawsuit

ST. LOUIS - A Missouri federal judge on Dec. 30 granted in part and denied in part various motions to exclude medical expert testimony from a woman who is accusing a company of defects in a surgical aesthetics product as well as the company (Andrea Rachelle Clinton v. Mentor Worldwide LLC, No. 16-00319...

Mealey's Litigation Procedure - ICSID Adopts Settlement Resolving Bondholders' Arbitration Against Argentina

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 29 released its consent award adopting a settlement agreement resolving all claims asserted by thousands of Italian bondholders related to defaulted bonds and the Argentine Republic (Abaclat...

Mealey's Litigation Procedure - 9th Circuit Declines To Adopt Feasibility Requirement For Class Certification

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals in a Jan. 3 opinion joined the Sixth, Seventh and Eighth circuits in declining to adopt a requirement that prior to class certification class representatives must proffer an administratively feasible way to identify class members (Robert Briseno...

Mealey's Litigation Procedure - 8th Circuit Affirms Dismissal Of TILA Claims Against Lenders

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 4 affirmed a district court's dismissal of claims for recession and damages under the Truth in Lending Act (TILA) against a bank and mortgage lender, finding that it would not address arguments raised for the first time on appeal (John...

Mealey's Litigation Procedure - Federal Judge Confirms $52M ICC Award Against Hellenic Republic

WASHINGTON, D.C. - After a recent decision by the Supreme Court of Hellenic Republic to set aside an annulment of an international arbitral award issued in favor of a technology development company, a District of Columbia federal judge on Jan. 5 granted a petition to confirm the $52,087,465.69 award...

Mealey's Litigation Procedure - Judge Excludes Testimony On Nurse's 'Indifference' To Inmate's Health Care

GULFPORT, Miss. - An expert may not testify that a nurse "was deliberately indifferent" to an inmate's health care, which led to his wrongful death, but the expert may testify that the nurse breached the relevant standard of care, a Mississippi federal judge ruled Jan. 3, also finding that...

Mealey's Litigation Procedure - No Error In Allowing Special Agent Testimony On Sex Trafficking, 8th Circuit Says

ST. LOUIS - There was no error in permitting a special agent to testify from her training and experience on the operation of sex-trafficking rings and the terms used, the Eighth Circuit U.S. Court of Appeals ruled Jan. 3 (United States of America v. Rahmad Lashad Geddes, Nos. 15-3731 & 16-3898, 8th...

Mealey's Litigation Procedure - Wisconsin High Court Finds Medical Malpractice Testimony Was Reliable Under Daubert

MADISON, Wis. - An expert's medical testimony on the standard of reasonable care based on his personal experiences was reliable, the majority of the Wisconsin Supreme Court ruled Jan. 6, upholding an $885,000 medical malpractice judgment against a doctor (Braylon Seifert, by his Guardian ad litem...

Mealey's Litigation Procedure - Judge Bars Certain Testimony In Breach Of Contract Suit Between Gun Companies

KANSAS CITY, Kan. - A Kansas federal judge on Jan. 4 excluded in part various testimony offered by a gun manufacturer in a breach of contract dispute with two gun stores because the expert did not meet qualification and reliability standards for some of the testimony (Signature Marketing Inc. d/b/a Signature...

Mealey's Litigation Procedure - Panel Finds No Error In Accident Reconstruction Expert Testimony Admission

JACKSON, Miss. - Finding no error in the admission of accident reconstruction expert testimony, a Mississippi appeals panel on Jan. 10 affirmed the felony conviction of a woman for her drunken driving, which caused a death (Sara Jane Koch a/k/a Sarah Koch a/k/a Sara J. Koch v. State of Mississippi, No...

Mealey's Litigation Procedure - Federal Judge Refuses General Electric's Request For ICC Arbitration

NEW YORK - A New York federal judge on Jan. 10 refused to compel arbitration before the International Chamber of Commerce (ICC) International Court of Arbitration of a dispute over the purchase of a rail-signaling business, finding that the terms of the agreement require that the case be determined by...

Mealey's Litigation Procedure - Approval Of Wage Class Settlement Denied; Evaluation Of Recovery Requested

NEW YORK - A New York federal judge on Jan. 12 denied preliminary approval of a $290,000 wage-and-hour settlement, finding that the parties failed to provide an evaluation of the range of reasonable recoveries (Sean Patterson, et al. v. Premier Construction Co. Inc., et al., No. 15-662, E.D. N.Y.; 2017...

Mealey's Litigation Procedure - Judge Declines To Bar Expert Testimony In Constitutional Violation Suit Against Officers

FORT WAYNE, Ind. - In deciding a summary judgment motion on constitutional violation and state law claims against a town and police officers, an Indiana federal judge on Jan. 11 refused to exclude expert testimony because it was unnecessary to rule on summary judgment (David Marshall III and LaMisa Marshall...

Mealey's Litigation Procedure - U.S. High Court Declines To Hear Appeal Of LIBOR Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied a petition for writ of certiorari filed by the banks accused, in a multidistrict litigation that was reinstated by the Second Circuit U.S. Court of Appeals after being dismissed by the trial court, of an alleged conspiracy to manipulate U.S...