LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class Of Minor League Baseball Players Is Recertified In Wage Suit

SAN FRANCISCO - A little more than seven months after a class of minor league baseball players was decertified in a lawsuit seeking unpaid wages from the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig, a California federal magistrate...

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...

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...

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...

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...

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...

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...

Mealey's Litigation Procedure - Judge: State Officials Immune From SCA Liability For Seized Electronic Records

MADISON, Wis. - A Wisconsin federal judge on March 16 found several state officials not liable for violation of the Stored Communications Act (SCA) in the seizure of an organization's electronic records as part of an investigation, finding the relevant warrants to have been issued in compliance with...

Mealey's Litigation Procedure - Federal Judge Declines To Bar Testimony On Accident Scenario In Personal Injury Suit

SHREVEPORT, La. - A licensed mechanical and biomedical engineer relied on a sufficient methodology and factual basis to testify in support of proving that an accident scenario "is physically possible," a Louisiana federal judge ruled March 15, declining to exclude the testimony in a personal...

Mealey's Litigation Procedure - Panel: No Error In Admission Of Doctor's Testimony On Treatment After Collision

TYLER, Texas - A judge did not err in allowing a physician's testimony that a woman involved in a car accident needed "neurotomies, stem cell injections, and topical cream," a Texas appeals panel held March 15, because it was reliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509...

Mealey's Litigation Procedure - Judge Excludes Urologist's Testimony On Inefficacy Of Remedies In Drug Patent Suit

MARSHALL, Texas - Although a urologist's testimony on the inefficacy of natural and herbal remedies was barred in a patent infringement case over a drug's marketing, a Texas federal judge on March 17 allowed the urologist to testify as to the drug's marketing (Erfindergemeinschaft UroPep...

Mealey's Litigation Procedure - Cert Denied For 7th Circuit's Rejection Of Immunity Waiver In Credit Act Suit

WASHINGTON, D.C. - A Seventh Circuit U.S. Court of Appeals ruling that an Indian tribe's sovereign immunity bars a man's class action claims that the tribe violated the Fair and Accurate Credit Transaction Act (FACTA) by printing identifying information on his credit card receipts will stand...

Mealey's Litigation Procedure - Federal Judge Excludes Engineer's Testimony On Safety In Area At Sea World

SAN DIEGO - A safety engineer and accident reconstruction expert may not testify regarding Sea World LLC's liability relating to the safety of an area at the time of a woman's accident while visiting the park, a California federal judge held March 17 (Eusebia Baltazar v. Sea World Parks Entertainment...

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts...

Mealey's Litigation Procedure - Judge Rules On Motions To Exclude Testimony In Putative Class Action

TRENTON, N.J. - A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089...

Mealey's Litigation Procedure - Federal Judge Allows Expert Opinion On Stock Trade In Class Action Securities Suit

COLUMBUS, Ohio - An economic expert may opine as to whether the market in which a company's stock traded was efficient during a class period and whether it is possible to calculate damages on a classwide basis for purposes of liability, an Ohio federal judge ruled March 17 (Alan Willis v. Big Lots...

Mealey's Litigation Procedure - Magistrate Judge Allows Testimony On Claimed Process In Patent Infringement Suit

TYLER, Texas - In a patent infringement lawsuit, an expert may provide opinions "based on his technical knowledge and expertise" as to the technical advantages of a claimed process of forming circuitry used in controlling liquid crystal displays (LCDs), a Texas federal magistrate judge ruled...

Mealey's Litigation Procedure - Without Expert Testimony, Judge Grants Judgment On Product Liability Claims

HARTFORD, Conn. - Finding that a plaintiff's expert is not qualified to testify about "handheld circular saw safety, the efficacy or necessity of riving knives on such products, or the sufficiency of warning labels" to support design defect and failure-to-warn claims, a Connecticut federal...

Mealey's Litigation Procedure - Campbell Soup Trans Fat Labeling Class Suit Dismissed; Motions For Sanctions Denied

SAN DIEGO - A California federal judge on March 21 granted a motion to dismiss a class complaint accusing Campbell Soup Co. of deceiving customers by labeling soup as healthy even though it contained trans fat but denied motions by both parties seeking sanctions (Harold Brower, et al. v. Campbell Soup...

Mealey's Litigation Procedure - Plaintiffs' Counsel Sanctioned For Behavior During Wage-And-Hour Deposition

SAN FRANCISCO - An attorney representing the named plaintiffs in a wage-and-hour class complaint must pay $7,706.32 in sanctions after acting in an "unprofessional" and "disrespectful" manner during deposition, a California federal magistrate judge ruled March 21, adding that the...

Mealey's Litigation Procedure - Judge: Plaintiffs' Negligence, Products Liability Claims Fail Without Expert Testimony

MILWAUKEE - Excluding expert testimony on the cause and origin of a fire, a Wisconsin federal judge ruled March 21 that plaintiffs cannot prevail on their claims of strict products liability or negligence because "without competent expert testimony, the jury would be forced to speculate about the...

Mealey's Litigation Procedure - Judgment Denied In FELA Lawsuit Based Upon Admission Of Expert's Testimony

NEW YORK - Finding an expert's testimony on the ergonomics factors of a plaintiff's job in relation to his injuries to be admissible, a New York federal judge on March 24 denied partial summary judgment to a railroad company in a Federal Employers' Liability Act (FELA) lawsuit because it...

Mealey's Litigation Procedure - Expert Allowed To Opine On Compliance Of Insurance Marketing Industry Standards

SAN ANTONIO - An expert is qualified to testify on independent marketing organizations (IMOs) in the insurance industry and regarding an IMO's "compliance or lack of compliance with industry standards," a Texas federal magistrate judge ruled March 24 (Wealthmark Advisors Inc. and David...

Mealey's Litigation Procedure - U.S. High Court Won't Hear Appeal After $7.25B Antitrust Settlement Is Scuttled

WASHINGTON, D.C. - The U.S. Supreme Court on March 27 denied a petition for certiorari filed by class members in a credit card fee lawsuit in which a $7.25 billion class action settlement was reached in December 2013 and then set aside by the Second Circuit U.S. Court of Appeals on June 30, 2016, after...

Mealey's Litigation Procedure - Federal Judge Says Expert Testimony Is Permitted In Racial Discrimination Suit

CHICAGO - Expert testimony on sociological and statistical analysis is allowed in a racial discrimination lawsuit between an employer and its former employees to discuss whether minority employees received disparate treatment, an Illinois federal judge held March 24, finding that the testimony meets...