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Mealey's Litigation Procedure - Judge Bars Insurance Claims Consultant's Opinions On If Insurer Acted 'Unreasonably'

DENVER - An insurance claims consultant may offer testimony about an auto insurer's industry standards and practices but may not offer legal conclusions about whether the insurer acted "unreasonably" in its claims handling, a Colorado federal judge ruled Feb. 7, granting in part and denying...

Mealey's Litigation Procedure - Federal Judge Enforces Ruling Confirming $20M Arbitral Award Against Belize

WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 6 granted a petition to enforce a judgment confirming a $20,106,100 arbitral award that was issued in London in favor of two companies, finding that actions taken by the government of Belize to prohibit enforcement do not affect the district...

Mealey's Litigation Procedure - ICSID Awards Resource Companies $379M In Damages For Treaty Violations

PARIS - After rejecting grounds for reconsideration of a liability ruling submitted by the Republic of the Ecuador, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 9 released its award on damages in a case filed by a group of resource companies, awarding...

Mealey's Litigation Procedure - Judge Halts Multiple Wage Suits By Exotic Dancers Pending $6.5M Settlement

DETROIT - A Michigan federal judge on Feb. 9 granted a joint motion seeking to enjoin numerous pending wage proceedings against nightclub owners in 12 different federal and state courts based on a $6.5 million settlement that was granted preliminary approval two days earlier (Jane Doe 1, et al. v. Deja...

Mealey's Litigation Procedure - Panel Finds No Error In Admission Of Medical Examiner's Testimony

CORPUS CHRISTI, Texas - Finding no error in the admission of a medical examiner's testimony based on reliable evidence, a Texas appeals panel on Feb. 9 affirmed a woman's conviction for injury to a child causing bodily injury (Smita Chakravarthy v. The State of Texas, No. 13-14-00086-CR, Texas...

Mealey's Litigation Procedure - Illinois Appellate Panel Holds Foam Company Liable For Faxes Sent On Its Behalf

CHICAGO - A foam company whose independent contractor ordered a third party to send unsolicited faxed advertisements on the foam company's behalf is liable under the Telephone Consumer Protection Act (TCPA), an Illinois appeals panel ruled Feb. 7 (Loncarevic and Associates, Inc., et al. v. Stanley...

Mealey's Litigation Procedure - Ohio Federal Judge Rules On Remand In 5 MedMal Class Suits

CINCINNATI - An Ohio federal judge on Feb. 8 issued two remand orders and three orders denying remand in five separate class action complaints against various medical facilities where an orthopedic surgeon is alleged to have performed unnecessary procedures (Nicole Baker, et al. v. UC Health, et al....

Mealey's Litigation Procedure - Data Breach Class Claims Against Premera Mostly Survive Dismissal Motion

PORTLAND, Ore. - Although an Oregon federal judge on Feb. 9 found that some fraud and contract-based claims related to a 2014 data breach experienced by Premera Blue Cross merited dismissal, he held that the plaintiffs cured some previous deficiencies and concluded that their claims are not preempted...

Mealey's Litigation Procedure - Judge Bars Testimony On Education Lead-Generation Industry's Customs, Practices

TAMPA, Fla. - A lawyer is not qualified to opine on the educational lead-generation industry's customs and practices because the lawyer failed to explain why her experience is a sufficient basis for her opinion and how her experience is reliably applied to the facts of a trade secrets and breach...

Mealey's Litigation Procedure - Class Suit Over Supplement Labels Is Dismissed; 30 Days Granted For Amendment

CHICAGO - An Illinois federal judge on Feb. 13 dismissed a class complaint over supplement labeling, in part for lack of personal jurisdiction based on alleged violations of non-Illinois consumer fraud statutes, and granted the named plaintiff 30 days to amend his complaint (David DeMedicis v. CVS Health...

Mealey's Litigation Procedure - ICSID Issues Order Terminating DR-CAFTA Claims Against Costa Rica

WASHINGTON, D.C. - After investors opted to not pursue any remaining claims against the Republic of Costa Rica in relation to their investments in a land development project, the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 10 issued an order terminating the case without...

Mealey's Litigation Procedure - Judge Enforces $16.6M Award, Finds Morocco Was Not Primary Jurisdiction

WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 10 granted a petition to confirm a $16,666,677 international arbitral award issued in a dispute over an agreement for a construction project, finding that the Kingdom of Morocco failed to show that it was the primary jurisdiction for the...

Mealey's Litigation Procedure - 8th Circuit Upholds $22M Document Fees Award, Reverses Attorney Fees Decision

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 13 affirmed an award of nearly $22 million in treble damages in a class suit over document fees; however, the panel reversed a $2.4 million attorney fee award from the common fund and remanded for enforcement of a fee-shifting provision...

Mealey's Litigation Procedure - Excessive Taxes Class Suit Dismissed For Failure To State A Claim

NEW YORK - A New York federal judge on Feb. 14 dismissed a class suit accusing a retailer of charging excessive taxes on purchases where coupons are used, holding that the New York Tax Commission has the exclusive responsibility for examining those types of claims (Susan Kupferstein, et al. v. The TJX...

Mealey's Litigation Procedure - Judge Finds Fact Issue On Police Officer's Liability With Admission Of Expert Opinions

MADISON, Wis. - Based on admitted opinions from police practices experts and forensic pathology experts, a Wisconsin federal judge ruled Feb. 13 that what happened between a police officer and a deceased man is "sharply and genuinely disputed" and thus, whether the officer's use of force...

Mealey's Litigation Procedure - 10th Circuit: 'Extreme' Destruction Of Trade Secret Evidence Warrants Sanction

WASHINGTON, D.C. - The International Trade Commission (ITC) properly barred a Turkish company from importing products using opaque paint polymers into the United States for 25 years - the harshest sanction possible - as punishment for destroying computer evidence in violation of a discovery order in...

Mealey's Litigation Procedure - Judge: Securities Investment Adviser's Opinion On Mortgage Lending Practices Is Barred

RALEIGH, N.C. - Excluding a securities investment adviser's testimony because he is not qualified as an expert on mortgage lending practices and policies, a North Carolina federal judge ruled Feb. 14 that genuine issues of fact exist concerning negligence, breach of fiduciary duty and bad faith claims...

Mealey's Litigation Procedure - Judge Restricts Expert From Testifying On Legal Conclusion To Detective's Probable Cause

TAMPA, Fla. - An expert may testify as to his knowledge of police procedures and investigative techniques and whether they were followed by a detective in his mortgage fraud investigation of a married couple, a Florida federal judge ruled Feb. 16; however, the expert may not testify as to the ultimate...

Mealey's Litigation Procedure - Court Affirms Injury To Child Conviction, Finds Testimony On Head Trauma Reliable

AUSTIN, Texas - Expert testimony from three medical doctors on the subject of abusive head trauma was reliable, the Texas Court of Criminal Appeals ruled Feb. 15, upholding a woman's conviction in a bench trial for first-degree-felony injury to a child after an infant under her care sustained serious...

Mealey's Litigation Procedure - Uber Customer's Gratuity Class Settlement Is Granted Final Approval

SAN FRANCISCO - A California federal judge on Feb. 16 granted final approval of a nearly $344,000 settlement to be paid to a class of Uber Technologies Inc. customers who allege that Uber wrongfully retained a portion of gratuity charges paid by passengers (Caren Ehret, et al. v. Uber Technologies, Inc...

Mealey's Litigation Procedure - Arkansas Top Court Upholds Certification Of City Employee Class In Suit Over Raises

LITTLE ROCK, Ark. - The Arkansas Supreme Court on Feb. 16 upheld a circuit court's certification of a class of city workers suing for breach of contract after mandated raises ended (City of Conway, an Arkansas Municipality v. Richard Shumate, Jr., et al., No. CV-16-284, Ark. Sup., 2017 Ark. LEXIS...

Mealey's Litigation Procedure - 8th Circuit Affirms Daubert, Evidence Suppression Rulings In Child Porn Case

OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress...

Mealey's Litigation Procedure - 7th Circuit: No Jurisdiction Over Where Individual Offer Of Judgment Was Accepted

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 17 dismissed the appeal of a trial court's denial of class certification in a lawsuit alleging unlawful detention by an Illinois city, finding that it lacked jurisdiction after the named plaintiff accepted an individual offer of judgment...

Mealey's Litigation Procedure - High Court Rejects Czech Republic's Petition For Review Of Award

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein...

Mealey's Litigation Procedure - ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment...