LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Child Sex Abuse Opinion Properly Allowed, North Carolina Panel Rules

RALEIGH, N.C. - Sufficient physical evidence of sexual abuse was presented by prosecutors for a medical expert to tell a jury that a 10-year-old girl had in fact been repeatedly abused by her father, a North Carolina appeals court held May 2 in affirming the father's conviction and sentence of more...

Mealey's Litigation Procedure - Expert Witness Rulings In Police Shooting Case Proper, 11th Circuit Finds

ATLANTA - The 11th Circuit U.S. Court of Appeals on May 5 affirmed rulings, including determinations on expert witnesses, during a trial in which a jury acquitted Florida police officers of civil rights violations in the shooting death of a man and wounding of a woman in the man's car (Michael Knight...

Mealey's Litigation Procedure - Newton's Third Law Supports Admission Of Expert's Testimony, Judge Rules

TRENTON, N.J. - An expert who believes that Newton's Third Law, every action has an equal or opposite reaction, caused a rubber mallet used as part of an amusement park game to strike a man in the face is reliable and should not be precluded from admission, a federal judge in New Jersey ruled May...

Mealey's Litigation Procedure - Judge Considers Expert's Opinion, Then Rules For Shipper In Trucker's Suit

CHICAGO - After allowing a trucking industry expert's opinions on the custom and practice in the shipping industry regarding securing loads in trailers, an Illinois federal judge on May 5 awarded a shipping company summary judgment on a truck driver's claims that the company was responsible for...

Mealey's Litigation Procedure - Judge Rules On Experts Before Certifying 3 Classes In Telemarketing Practices Suit

OAKLAND, Calif. - A California federal judge on May 5 struck one expert report for lack of any actual analysis, declined to strike another expert report and a paralegal's declaration and certified three classes of consumers in a class action alleging that a burglar alarm company illegally used telemarketing...

Mealey's Litigation Procedure - ICSID Committee Rejects Argentina's Request To Annul $380M Award

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on May 8 released its decision rejecting an application filed by the Argentine Republic to annul a $380 million award issued in favor of claimants that invested in water distribution and...

Mealey's Litigation Procedure - Judge Excludes Testimony For Lack Of Reliability, Noncompliance With Court Rules

SEATTLE - A man who was shot by a police officer during a burglary arrest cannot present expert opinions on the officer's use of force in making the arrest because he failed to prove the reliability of the expert's testimony and because his response to the officer's motion to exclude "falls...

Mealey's Litigation Procedure - 4th Circuit Vacates $11.7 Million FCRA Class Judgment Due To No Injury

RICHMOND, Va. - The named plaintiff in a Fair Credit Reporting Act (FCRA) class complaint must allege a concrete injury stemming from allegedly incomplete or incorrect information on a credit report to satisfy the threshold requirements of constitutional standing, a Fourth Circuit U.S. Court of Appeals...

Mealey's Litigation Procedure - 8th Circuit Panel Again Reverses, Sends Ex-Workers' Bias Claims To Arbitration

ST. LOUIS - After a rehearing, an Eighth Circuit U.S. Court of Appeals panel on May 11 reversed and remanded a Minnesota federal judge's ruling denying General Mills Inc.'s motion to compel individual arbitration, again finding that 33 laid-off General Mills workers must have their age discrimination...

Mealey's Litigation Procedure - Exclusion Of Expert In Whirlpool Oven Action Sinks Class Certification

CHICAGO - An Illinois federal judge on May 9 denied class certification in a product liability case involving overheating Whirlpool Corp. kitchen ovens after finding that the plaintiffs' engineering expert failed to offer an opinion on whether there was a common defect in the ovens (Beth Kljajic...

Mealey's Litigation Procedure - 7th Circuit Orders Judgment Vacated Due To Mootness In Police Tattoo Dispute

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 10 instructed a trial court to vacate its judgment in favor of a police department in a class dispute over covering police officers' tattoos as moot after the matter was resolved in favor of the officers by an arbitrator (Daniel Medici...

Mealey's Litigation Procedure - $2 Million Costco Truck Drivers' Wage Settlement Is Granted Preliminary Approval

SAN DIEGO - A California federal judge on May 11 granted preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims, less than a month after the same judge rejected the proposed settlement for the second time; however, the judge noted that...

Mealey's Litigation Procedure - Judge Green-Lights Expert Opinions In Bad Faith Insurance Action

TAMPA, Fla. - Experts for both a driver injured in a crash and an insurance company accused of acting in bad faith in not settling the driver's claim can offer their opposing opinions based on their qualifications and sound methodology, as long as the opinions are not legal in nature, a Florida federal...

Mealey's Litigation Procedure - Restaurant Managers' Wage Suit Survives Dismissal Motion, Is Transferred To Missouri

PEORIA, Ill. - An Illinois federal judge on May 12 ruled that a class complaint accusing a fast food restaurant of failing to pay managers overtime survives dismissal because its claims are sufficiently different from another wage suit filed first in Missouri federal court against the same defendant;...

Mealey's Litigation Procedure - All Expert Testimony Trimmed In Negligence Suit Over Motorcyclist's Death

HAMMOND, Ind. - An Indiana federal judge on May 11 limited the testimony of all four expert witnesses in a lawsuit filed by the estate of a deceased motorcyclist alleging that the truck driver that hit him and the driver's company are liable for the biker's death (The Estate of John Arama v....

Mealey's Litigation Procedure - Legal Conclusions Out, Rest Of Testimony In, Judge Says In Coverage Row

MOBILE, Ala. - The legal nature of the opinions of one expert witness for an insurer in a coverage dispute over underlying trademark infringement claims precludes the expert from testifying about such opinions, but the expert's other opinions, and those of a second expert for the insurer, are admissible...

Mealey's Litigation Procedure - Summary Judgment Denied In Medical Record Charges Class Suit

ROCHESTER, N.Y. - A New York federal judge on May 15 denied a motion for partial summary judgment and response in opposition to a class certification motion filed by one of four defendants in a proposed class complaint alleging overcharging of patients for copies of their medical records (Ann McCracken...

Mealey's Litigation Procedure - D.C. Circuit Upholds Legality Of Deal Settling Indian Farmers' Bias Claims

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on May 16 affirmed in a divided decision that an amendment to a class settlement of discrimination claims by Native American farmers against the U.S. Department of Agriculture, under which money left over after a second round of...

Mealey's Litigation Procedure - Iowa Supreme Court Upholds Class Certification In Suit Over Corn Mill Hazards

DES MOINES, Iowa - The Iowa Supreme Court on May 12 upheld a trial court's certification of two subclasses of homeowners suing a nearby corn processing company for allegedly emitting hazardous chemicals and damaging their use and enjoyment of their properties (Laurie Freeman, et al. v. Grain Processing...

Mealey's Litigation Procedure - ICSID Rejects Venezuela's 4th Request To Disqualify Arbitrator In Treaty Case

WASHINGTON, D.C. - Two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 15 rejected the fourth request filed by the Bolivarian Republic of Venezuela to disqualify an arbitrator in a case filed by two Venezuelan entities who assert violations of a...

Mealey's IP/Tech - D.C. Circuit Dismisses Backpage.com CEO's Appeal Of Senate Subpoena As Moot

WASHINGTON, D.C. - Because a U.S. Senate subcommittee no longer seeks to enforce an investigatory document productions subpoena on Backpage.com LLC, a District of Columbia U.S. Circuit Court of Appeals panel on May 16 dismissed an appeal of an enforcement order brought by the firm's chief executive...

Mealey's Litigation Procedure - Judge Declines To Strike Expert's Interest Analysis For Tribe's ERISA Claims

BAY CITY, Mich. - If an Indian tribe prevails on its claim that its health care plan administrator violated the Employee Retirement Income Security Act by charging hidden fees and pursues prejudgment interest, its expert on calculating the interest amount can offer his analysis at trial, a Michigan federal...

Mealey's Litigation Procedure - Artist's Wife's Testimony Excluded As Unreliable In Copyright Infringement Case

ATLANTA - A restaurant owner was awarded summary judgment in Georgia federal court on May 18 on an artist's copyright infringement claims over a drawing he did of the restaurant, with the artist also losing his bid to have his wife testify as an expert witness (Floyd Anthony Fey v. Panacea Management...

Mealey's Litigation Procedure - Newspaper's FOIA Suit Over Officers' Mug Shots Denied Certiorari

WASHINGTON, D.C. - In its May 22 order list, the U.S. Supreme Court denied a newspaper's petition for certiorari over privacy rights connected to Freedom of Information Act (FOIA) requests for booking photos, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found an FOIA exemption...

Mealey's Litigation Procedure - Split 9th Circuit Panel Rejects Remand To Narrow Class Definition

SAN FRANCISCO - Plaintiffs may not seek to narrow a class to escape federal jurisdiction after a complaint has already been properly removed to federal court, a split Ninth Circuit U.S. Court of Appeals panel ruled May 18 (Broadway Grill, Inc. v. Visa Inc., et al., No. 17-15499, 9th Cir., 2017 U.S. App...