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Mealey's Litigation Procedure - $5.3 Million Class Settlement Preliminarily Approved In IPhone Apps Privacy Suit

SAN FRANCISCO - After five years of litigation, a California federal judge on July 6 granted preliminary approval to a $5.3 million settlement between a class of Apple Inc. device users and the developers of apps that allegedly accessed users' private address books without permission (Marc Opperman...

Mealey's Litigation Procedure - $142 Million Wells Fargo Unauthorized Account Settlement Is Preliminarily Approved

SAN FRANCISCO - A California federal judge on July 8 granted preliminary approval of a $142 million settlement to be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services...

Mealey's Litigation Procedure - D.C. Circuit Affirms Court's Decision Refusing To Enforce Annulled Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 7 affirmed a district court's decision refusing to confirm an approximately $43.5 million award that was annulled by an international arbitration court, finding that the arbitration court's setting of fees did not...

Mealey's Litigation Procedure - 9th Circuit Vacates Ruling Enjoining Insurers From Pursuing ICC Case

PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 10 vacated a district court's decision enjoining two surety companies from participating in an international arbitration case, vacating a trial court's ruling enjoining them from pursuing their claims related to a guarantee (Portland...

Mealey's Litigation Procedure - 2nd Circuit Reverses Denial Of Venezuela' s Request To Vacate, Finds FSIA Governs

NEW YORK - After finding that the Foreign Sovereign Immunities Act (FSIA) provides the sole basis for federal court jurisdiction over foreign sovereigns in cases seeking to enforce certain international arbitral awards, the Second Circuit U.S. Court of Appeals on July 11 reversed a decision denying the...

Mealey's Litigation Procedure - Michigan Federal Judge Will Rule On Injunction Against Removing Iraqi Nationals

DETROIT - A Michigan federal judge on July 11 ruled that extraordinary circumstances exist to grant the federal court jurisdiction over a case brought by a group of Iraqi nationals who are suing on behalf of a national class, seeking an injunction against enforcement of removal orders so their habeas...

Mealey's Litigation Procedure - Judge Finds Parties Must Arbitrate Claims Over Laos Gaming Operations

WILMINGTON, Del. - Based on a theory of estoppel, a Delaware federal judge on July 12 found that the owners of gaming assets in the Lao People's Democratic Republic are required to arbitrate their claims in Singapore for breach of fiduciary duty and contract against nonsignatories to an underlying...

Mealey's Litigation Procedure - Judge Allows Most Of Plaintiff's Expert Testimony In Transvaginal Mesh MDL

CHARLESTON, W.Va. - A woman's medical expert in a transvaginal surgical mesh multidistrict litigation can offer testimony for the plaintiff because his opinions are "sufficiently relevant" and he conducted a proper differential diagnosis, a federal judge in West Virginia held July 14 in...

Mealey's Litigation Procedure - California High Court: Marshalls Employees' Info Discoverable In Labor Suit

SAN FRANCISCO - A department store did not meet its burden to show that the contact information of employees is not subject to discovery in a wage-and-hour representative suit, the California Supreme Court held July 13, rejecting arguments of overbreadth and privacy violations and vacating the rulings...

California Magistrate Tosses Putative Class Action Against Nursing Home Operator

SAN JOSE, Calif. - A California federal magistrate judge on July 12 granted a motion to dismiss an elder abuse lawsuit, agreeing with a skilled nursing home operator that the plaintiff failed to plead facts sufficient to support fraud and violation of California health code claims (Daniel Hernandez v...

Mealey's Litigation Procedure - Opinions Of Experts For Parents Of Student Who Died After Fight Are Allowed

WHEELING, W. Va. - A West Virginia federal judge on July 14 denied requests by the friend of a college student who was killed during a fight with two other men to exclude testimony by medical and economic experts in a wrongful death action filed by the student's parents (Thomas G. Figaniak and Valerie...

Mealey's Litigation Procedure - Ashley Madison Users Reach $11.2 Million Settlement With Site Operator

ST. LOUIS - The plaintiffs in a putative class action centered on a 2015 breach of the adult dating website AshleyMadison.com moved for preliminary approval July 14 of what they call a "hard fought" $11.2 million settlement with the site's operator (In re Ashley Madison Customer Data Security...

Mealey's Litigation Procedure - Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved

LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al...

Mealey's Litigation Procedure - Behavioral Health Services Employer Settles Class Wage Claims For $865,000

PHILADELPHIA - A Pennsylvania federal magistrate judge on July 13 granted approval of a $865,000 settlement to be paid by a behavioral health services company to end claims that it misclassified and underpaid its clinicians, consultants and therapists (Sarina Brown, et al. v. Progressions Behavioral...

Mealey's Litigation Procedure - Biomechanical Testimony In Crash Suit Sound, Helpful, Judge Rules

TAMPA, Fla. - A Florida federal judge on July 17 declined to strike testimony from an insurer's biomechanical expert on the forces required to cause a woman's alleged injuries in a rear-end car accident, finding that the expert meets the admissibility standards established by 11th Circuit U.S...

Mealey's Litigation Procedure - Judge Finds Standing In ACA Out-Of-Network Lactation Coverage Suit

WASHINGTON, D.C. - A trio of women successfully allege standing in their class action claiming that an insurer improperly charged them for out-of-network lactation services in violation of the Patient Protection and Affordable Care Act (ACA), a federal judge in the District of Columbia held July 17 ...

Mealey's Litigation Procedure - Class UCL Suit Sent Back To California For Reconsideration Of Forum

TULSA, Okla. - An Oklahoma federal judge on July 14 sent a class complaint alleging unfair business practices back to California for reconsideration of a business contract's forum-selection clause, noting that the case presents an "extraordinary situation where a transfer order is clearly erroneous...

Mealey's Litigation Procedure - Split 5th Circuit Affirms Exclusion Of False Confession Testimony In Murder Case

NEW ORLEANS - A divided Fifth Circuit U.S. Court of Appeals panel on July 17 upheld the denial of federal habeas relief for a man convicted of killing a motorist who stopped to give him a ride, with the majority affirming several trial court rulings, including the exclusion of the defendant's expert...

Mealey's Litigation Procedure - 11th Circuit Finds Questions Of Venue Must Be Determined By Arbitrator

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 17 affirmed a district court's ruling to confirm an arbitral award issued in favor of a U.S. development company, finding that questions of arbitral venue are for an arbitrator to decide (Bamberger Rosenheim Ltd. v. OA Development Inc., No...

Mealey's Litigation Procedure - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose...

Mealey's Litigation Procedure - PCA Orders Russia To Pay $6.2M For Violations Of U.N. Convention

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on July 18 announced that it has issued an award on compensation in an arbitration commenced by the Netherlands against the Russian Federation in relation to the unauthorized seizure of a vessel, ordering Russia to pay the...

Mealey's Litigation Procedure - 2nd Circuit Upholds Decision To Vacate $57M Malaysian Arbitral Award

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 20 affirmed a district court's decision to vacate its previous order confirming a $57 million arbitral award issued against the Government of The Lao People's Democratic Republic, finding that the lower court did not err when it...

Mealey's Litigation Procedure - Tribunal Orders Argentina To Pay Investors $324M For Airline Expropriation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 24 released its majority award in a treaty dispute over the expropriation of two airlines in the Argentine Republic, ordering Argentina to pay two investors $324,254,807 in damages and costs...

Mealey's Litigation Procedure - Non-Gmail Users Again Seek Approval Of Privacy Settlement With Google

SAN JOSE, Calif. - Four months after a prior proposed settlement with Google Inc. was rejected by a California federal judge, the lead plaintiffs in a putative class action alleging privacy violations in the scanning and processing of emails of non-Gmail users on July 21 submitted a revised proposed...

Mealey's Litigation Procedure - Trial Court Must Consider Substitute Class Rep In U.S. Marshal's Race-Bias Suit

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 21 directed the U.S. District Court for the District of Columbia to consider motions to substitute absent class members as named plaintiffs in a racial discrimination suit brought on behalf of a class of black deputy...