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Mealey's Litigation Procedure - ICSID Dismisses Investment Claims Against Timor-Leste For Lack Of Jurisdiction

WASHINGTON, D.C. - A tribunal for International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its ruling in a dispute related to investments for the sale and shipment of high-speed fuel to the Democratic Republic of Timor-Leste, dismissing the case for lack of jurisdiction...

Mealey's Litigation Procedure - Judge Partially Certifies Class Of Iraqis Facing Deportation, Orders Hearings

DETROIT - A Michigan federal judge on Jan. 2 partially granted a motion for class certification filed by Iraqi nationals seeking to stop their removal from the United States and ordered the release of those who have been detained six months or more as of the date of the order, unless a bond hearing is...

Mealey's Litigation Procedure - Assault Victim Loses Case Against Concert Organizers After Expert Excluded

MADISON, Wis. - The organizers of a music festival in Wisconsin were awarded summary judgment by a federal judge Dec. 29 on negligence claims filed by a man who was assaulted at the event after the judge found that the opinions of the plaintiff's expert were inadmissible, unsupported conclusions...

Mealey's Litigation Procedure - Panel Finds Crystallex Did Not Allege Fraudulent Transfer Was Made By Debtor

PHILADELPHIA - In a majority ruling, the Third Circuit U.S. Court of Appeals on Jan. 3 reversed a district court's ruling in favor of a Canadian gold producer, who is seeking to obtain payment of a $1.20 billion arbitral award issued against Venezuela, finding that the company failed to plead that...

Mealey's Litigation Procedure - New York Appeals Court Affirms Confirmation Of $6.7M ICC Award

NEW YORK - A New York appeals court on Jan. 2 affirmed the confirmation of a $6,770,762 award issued in favor of a Mexican investor in a luxury resort, finding that the tribunal was not improperly influenced when issuing the award (Mexvalo S de RL de CV v. Desarrolladora Farallon S de RL de CV, No. 654716...

Mealey's Litigation Procedure - Google Buzz Class Action Settlement Objector Denied Certiorari Bid

WASHINGTON, D.C. - In its Jan. 8 order list, the U.S. Supreme Court denied a petition for certiorari by a man who claimed to have opted out of the 2011 settlement of a privacy class action against Google Inc. over its now-defunct Google Buzz feature, letting stand a Ninth Circuit U.S. Court of Appeals...

Mealey's Litigation Procedure - ICSID Rejects Panama's Jurisdictional Objections To Trademark Infringement Case

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investments Disputes (ICSID) on Jan. 4 dismissed the majority of objections to jurisdiction submitted by the Republic of Panama, allowing claims for trademark infringement in relation to investments allegedly made under a trade...

Mealey's Litigation Procedure - U.S. Supreme Court Will Not Review Arbitrability Of Venue Issue

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by an Israeli entity that sought review of a district court's ruling confirming an arbitral award that was issued in favor of a U.S. development company in Atlanta and refused to review whether questions...

Mealey's Litigation Procedure - Rulings On Expert Affirmed In $550,000 Verdict Against Insurer For Hail Damage

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 4 upheld a jury award of more than $550,000 for a Georgia apartment complex on its breach of contract claim against an insurer for not paying enough to replace hail-damaged shingles, finding that the trial court did not err or abuse its discretion...

Mealey's Litigation Procedure - Incorrect Ruling On Expert Does Not Doom Conviction For Illegally Re-Entering U.S.

ATLANTA - A federal district court probably erred in admitting a fingerprint analyst's expert testimony in a woman's deportation case, but the error was harmless considering that there was plenty of other evidence to identify the woman, the 11th Circuit U.S. Court of Appeals held Jan. 5 in affirming...

Mealey's Litigation Procedure - Panel: Law Firm's Possession Of Privileged Memo Did Not Merit Disqualification

LOS ANGELES - Although a defendant's law firm did not comply with its ethical duty to notify the plaintiff upon its receipt of privileged materials, a California appeals panel on Jan. 4 found that a trial court referee did not err in declining to disqualify the firm because the plaintiff was not...

Mealey's Litigation Procedure - Agency's Records Shielded By Deliberative Process Privilege, Panel Rules

SACRAMENTO, Calif. - A state labor agency's records related to the drafting of legislation, including the identities of individuals consulted during drafting, are protected from disclosure under the California Public Records Act (PRA), a California appeals panel ruled Jan. 8, deeming such information...

Mealey's Litigation Procedure - Split 5th Circuit: 2 Suits Over Radioactive Material May Be Removed As Mass Action

NEW ORLEANS - Two personal injury lawsuits related to naturally occurring radioactive material (NORM), one of which was filed before the effective date of the Class Action Fairness Act (CAFA), may be removed to a federal court under CAFA as a mass action after the plaintiffs sought to consolidate the...

Mealey's Litigation Procedure - Lightning Strike Opinions Reliable, 11th Circuit Says In Faulty Pipe Case

ATLANTA - A metallurgy and engineering expert in a dispute over whether lightning striking a faulty gas line caused a fire that destroyed a home is abundantly qualified and his opinions are reliable and helpful, the 11th Circuit U.S. Court of Appeals held Jan. 10 in affirming a $1.4 million jury award...

Mealey's Litigation Procedure - Class Of Eddie Bauer Employees Certified In Bag Check Suit

SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege...

Mealey's Litigation Procedure - No Stay In Wages Class Suit While California High Court Considers Questions

SACRAMENTO, Calif. - A California federal judge on Jan. 10 denied a motion to stay a certified class action seeking wages for time spent going through bag checks and unreimbursed business expenses pending decisions by the California Supreme Court in two cases concerning wages, finding "a fair possibility"...

Mealey's Litigation Procedure - Microsoft To Supreme Court: SCA Does Not Permit Seizure Of Foreign-Stored Emails

WASHINGTON, D.C. - In a Jan. 11 respondent brief, Microsoft Corp. asks the U.S. Supreme Court to affirm the Second Circuit U.S. Court of Appeals' finding that the Stored Communications Act (SCA) does not permit the government to seize, via warrant, emails that are stored abroad, arguing that altering...

Mealey's Litigation Procedure - New York Federal Judge Confirms $3M ICDR Arbitration Award For GE

NEW YORK - A New York federal judge on Jan. 12 granted a petition filed by General Electric Co. to confirm a $3,051,817.22 arbitral award issued against Japanese entities in relation to their failure to defend and indemnify GE pursuant to the terms of a manufacturing contract for appliances (General...

Mealey's Litigation Procedure - Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action

ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other...

Mealey's Litigation Procedure - Ogletree Attorney Seeks More Than $300 Million In Equal Pay Act Class Lawsuit

SAN FRANCISCO - Ogletree, Deakins, Nash, Smoak & Stewart favors men in pay, promotions and other opportunities, and leadership fosters an environment where women are marginalized and demeaned, one female attorney and nonequity shareholder of the firm alleges in her class and collective action complaint...

Mealey's Litigation Procedure - Woman Who Kept Girls As Slaves Fails In Attack On 'Trauma Bond' Testimony

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 affirmed the guilty verdicts and six-year prison sentence for a woman who kept illegal Mexicans in her home, where she abused them and forced them to perform slave labor, after finding that the trial court did not abuse its discretion in...

Mealey's Litigation Procedure - Parties Settle Dispute Over $18M ICC Award Issued Over Tunnel Excavation Claims

MIAMI - A Florida federal judge on Jan. 12 granted a joint motion to dismiss a petition to vacate and a cross-petition to confirm a $18,068,685 international arbitral award issued in a dispute over a contract for the excavation of tunnels as part of a project for the construction of a hydroelectric plant...

Mealey's Litigation Procedure - Aetna Will Pay $17 Million To End Privacy Class Suit By HIV Patients

PHILADELPHIA - Aetna Inc. and related entities (Aetna, collectively) have agreed to pay $17,161,200 to settle privacy claims by more than 13,400 class members whose HIV status was revealed by the insurer through an indiscreet mailing, according to a motion for preliminary approval of a class action settlement...

Mealey's Litigation Procedure - Magistrate Strikes Some Expert Testimony In Ticket Sales Patent License Row

MARSHALL, Texas - A Texas federal magistrate judge on Jan. 17 granted in part a motion by a patent holder to exclude testimony from a ticket distributor's computer-programming expert in a dispute over a license agreement, ruling that the expert cannot offer opinions about a key term in the agreement...

Mealey's Litigation Procedure - Temporary Restraining Order Bars Communication With Class In Wage-And-Hour Suit

SAN DIEGO - A California federal judge on Jan. 17 granted a motion for a temporary restraining order (TRO) barring the defendants' counsel in a wage-and-hour suit from contacting potential class members, finding that there could be irreparable harm (Tyrell Glass, et al. v. FMM Enterprises, Inc.,...