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Mealey's Litigation Procedure - Class Counsel To Receive At Least $15.26M In Fees For Suit Over 'Free Cruise' Calls

CHICAGO - An Illinois federal judge on April 6 approved a class counsel fee amount of at least $15.26 million, over defendants' objections, in a Telephone Consumer Protection Act (TCPA) settlement worth up to $76 million (Gerardo Aranda, et al. v. Caribbean Cruise Line, Inc., et al., No. 12-4069...

Mealey's Litigation Procedure - Florida Federal Judge Sends Class Suit Over GEICO's Coverage Back To State Court

TAMPA, Fla. - An insurance company that is defending itself against a class suit over its failure to provide coverage required under Florida law failed to show that the amount in controversy exceeds $5 million, a Florida federal judge ruled April 6, sending the case back to state court (Amber Rae McLawhorn...

Mealey's Litigation Procedure - Mexico's Oil Company Pays $435M Settlement In Satisfaction Of ICC Award

HOUSTON - KBR Inc. on April 10 announced that it has reached a settlement with a Mexico-owned oil company, ending its efforts to collect a $435 million arbitral award issued in favor of its subsidiary.

Mealey's Litigation Procedure - Lawyer Gets Interest Award In Indian Case Alleging Mismanagement Of Lands

WASHINGTON, D.C. - A federal magistrate judge in the District of Columbia added more than $700,000 in interest April 10 to an attorney's $2.8 million fee award for work he did for hundreds of thousands of Native American plaintiffs in a class action alleging mismanagement by the government of Indian...

Mealey's Litigation Procedure - Iowa Supreme Court Deems Hospital Safety Report Not Subject To Discovery

DES MOINES, Iowa - An Iowa morbidity and mortality statute shields a hospital's safety report from discovery in a patient's negligence suit, the Iowa Supreme Court ruled April 7, reversing a trial court order compelling its production (Dennis Willard v. State of Iowa, No. 16-1009, Iowa Sup.,...

Mealey's Litigation Procedure - ICSID Registers Case Seeking To Annul Award For Indonesia

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 11 registered an application for annulment filed by an English mining company that seeks to annul an award that granted an application filed by the Republic of Indonesia to dismiss an arbitration against...

Mealey's Litigation Procedure - Washington Settles Class Suit Over Denial Of Hepatitis C Medication

SEATTLE - A Washington federal judge on April 10 issued an order granting final approval of a settlement under which the Washington State Health Care Authority (WHCA) has agreed to provide coverage for direct-acting antiviral medications for the treatment of hepatitis C (HCV) for Medicaid enrollees who...

Mealey's Litigation Procedure - Connecticut High Court: Error In Admission Of Police Testimony Was Harmless

HARTFORD, Conn. - Although a trial court improperly allowed a police officer to present certain testimony regarding cellphone records and maps without qualifying him as an expert, the Connecticut Supreme Court ruled April 11 that the error was harmless and, thus, affirmed a man's conviction for home...

Mealey's Litigation Procedure - Florida High Court Answers Stipulation Is Binding On Criminal Case's Daubert Issue

TALLAHASSEE, Fla. - Stipulations of dispositiveness are binding in appeals from conditional no contest pleas, the Florida Supreme Court ruled April 13, allowing a man to appeal the denial of his request to exclude testimony about the results of chemical field tests under Daubert v. Merrell Dow Pharmaceuticals...

Mealey's Litigation Procedure - $700,000 Similasan Homeopathic Products Settlement Granted Preliminary Approval

SAN DIEGO - A California federal judge on April 12 granted preliminary approval of a $700,000 settlement to be paid by Similasan Corp. to end a class complaint alleging false or deceptive labeling of the company's homeopathic products (Kim Allen, et al. v. Similasan Corporation, No. 12-376, S.D....

Mealey's Litigation Procedure - Nonobviousiness Testimony Is Allowed; Judgment Granted On Invalidity In Patent Suit

PORTLAND, Ore. - While allowing expert testimony on objective considerations of nonobviousness, an Oregon federal judge also granted in part summary judgment on April 12 to a sportswear company that certain prior art references do not anticipate utility patents relating to heat-directing elements to...

Mealey's Litigation Procedure - Supreme Court: Causal Link Necessary In Sanctions For Discovery Misconduct

WASHINGTON, D.C. - Vacating a $2.7 million sanctions award against Goodyear Tire & Rubber Co. in a product liability suit, the U.S. Supreme Court on April 18 ruled that such an award must have a causal link to costs incurred by the opposing party that are attributable to the misconduct (Goodyear...

Mealey's Litigation Procedure - Florida High Court; Attorney-Doctor Referral Relationship Protected By Privilege

TALLAHASSEE, Fla. - An attorney's referral of a client to a particular physician constitutes a confidential communication that is protected by attorney-client privilege, a majority in the Florida Supreme Court ruled April 13, reversing an appeals court finding that such a referral relationship is...

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

ST. PAUL, Minn. - Thirty-three laid-off General Mills Inc. workers must have their age discrimination claims decided in arbitration individually, and not as a class, and they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because...

Mealey's Litigation Procedure - 2nd Circuit Affirms Ruling Refusing To Certify FLSA And NYLL Class Actions

NEW YORK - The Second Circuit U.S. Court of Appeals on April 14 rejected an appeal of a court decision that refused to certify multiple class actions asserting violations of labor law, finding that the court's ruling was well reasoned and that it did not err when it found that the proposed classes...

Mealey's Litigation Procedure - Vermont High Court Remands For Sentencing Hearing To Allow Expert Mitigation Testimony

MONTPELIER, Vt. - While a man's convictions for drunken driving resulting in death were upheld, the Vermont Supreme Court on April 14 remanded the matter for resentencing because the trial court abused its discretion by not continuing a sentencing hearing to allow expert mitigation testimony to be...

Mealey's Litigation Procedure - ICSID Grants Stay, Orders Tanzanian Entity To Pay $148M Security

WASHINGTON, D.C. - An ad hoc Committee for the International Center for Settlement of Investment Disputes (ICSID) on April 17 granted a request by a Tanzanian electric supply company to stay the enforcement of a $148.4 million arbitral award pending the outcome of its application to annul the decision...

Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No...

Mealey's Litigation Procedure - Damages Testimony Is Barred In Patent Infringement Suit Against IBM, Judge Says

WILMINGTON, Del. - An expert did not offer any developed damages theory relating to International Business Machines Corp.'s (IBM) use of its website, and there were "serious methodological and reliability problems" in his assumptions, a Delaware federal judge held April 17, excluding testimony...

Mealey's Litigation Procedure - Special Agent Is Excluded From Testifying On Drug Code, Federal Judge Says

ALBUQUERQUE, N.M. - In a criminal case, a Drug Enforcement Agency special agent may not provide expert opinion testimony regarding drug code generally because the agent was not properly designated as an expert witness, a New Mexico federal judge ruled April 17; however, the special agent may provide...

Mealey's Litigation Procedure - Magistrate Judge Denies Discovery Requests In Trade Secrets Lawsuit

CEDAR RAPIDS, Iowa - A fertilizer company's discovery requests in a subpoena of the owner of a competitor in a misappropriation of trade secrets lawsuit seek irrelevant information and create an undue burden on the owner, a federal magistrate judge in Iowa ruled April 17 in granting the owner's...

Mealey's Litigation Procedure - Suit Over Legitimacy Of Online University Program Is Dismissed With Prejudice

WASHINGTON, D.C. - A District of Columbia federal judge on April 18 issued an opinion finding that a class complaint over the legitimacy of a university's online-only program belongs in federal, not state, court and then dismissed the complaint with prejudice, finding that it was time-barred (Brice...

Mealey's Litigation Procedure - Venezuela Requests Annulment Of $161M Award For Energy Product Supplier

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered a request filed by the Bolivarian Republic of Venezuela to annul a $161.6 million arbitral award issued in favor of investors in two Venezuelan entities (Tenaris S.A. and Talta - Trading e...

Mealey's Litigation Procedure - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided...

Mealey's Litigation Procedure - Hungary Seeks To Annul $24.6M Award For French Benefit Company

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).