LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - U.S. Supreme Court Won't Decide If American Pipe Tolling Stops

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to answer whether tolling established under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), terminates after class certification is denied even when renewed motions for class certification follow (ITT Corporation, et al....

Mealey's Litigation Procedure - U.S. Supreme Court Won't Resolve Circuit Split In RICO Class Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to resolve a circuit split regarding whether a Racketeer Influenced and Corrupt Organizations (RICO) Act fraud plaintiff must prove reliance to establish causation and whether, to certify a RICO fraud class action, the plaintiff must show that...

Mealey's Litigation Procedure - Protective Order Motions Over Due Diligence Report In Trade Secrets Suit Denied

SAN FRANCISCO - The issuance of protective orders over a due diligence report submitted by a nonparty specialized risk management firm in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. is not warranted because none of the parties seeking the protective orders has provided...

Mealey's Litigation Procedure - Barter Industry Standards Testimony Allowed, But Not Legal Analysis

BOSTON - An expert witness can testify about the barter industry and how it operates but cannot give opinions on whether a jewelry-for-advertising deal between two companies was reasonable or met barter industry standards, as such statements amount to legal conclusions, a Massachusetts federal magistrate...

Mealey's Litigation Procedure - ICSID Awards Caratube $39.2M In Investment Dispute With Kazakhstan

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 28 issued its award in a dispute over exploration rights, ordering the Republic of Kazakhstan to pay an international oil company $39.2 million in damages (Caratube International Oil Company LLP &...

Mealey's Litigation Procedure - Judge Curtails Opinion Testimony In Insurance Row Over Fatal Crash Settlement

ALBUQUERQUE, N.M. - Claims-handling experts for two insurers alleging bad faith against each other over settlement of a wrongful death action had their proposed testimony limited Sept. 30 by a New Mexico federal judge, who said the experts cannot offer opinions about whether either party acted in bad...

Mealey's Litigation Procedure - Judge Confirms $145.7M Swedish Award In Oil Field Development Dispute

HOUSTON - After finding that none of a Ukrainian entity's objections to an award issued in favor of a petroleum corporation by a Swedish arbitral tribunal applied, a Texas federal judge on Oct. 2 confirmed the $145.7 million award in the company's favor (OJSC Ukrnafta v. Carpatsky Petroleum Corp...

Mealey's Litigation Procedure - Shipbuilder Says ICC Awarded It 200M Euros In Arbitration With Greece

ATHENS, Greece - A middle eastern shipbuilder on Oct. 5 announced that an international arbitral tribunal has awarded it 200 million Euros in an arbitration with the Hellenic Republic.

Mealey's Litigation Procedure - Split N.J. High Court Nixes Class Certification In TGI Fridays Drink Prices Suit

TRENTON, N.J. - A divided New Jersey Supreme Court on Oct. 4 ruled in the first of two consolidated cases that class certification is inappropriate in a lawsuit against TGI Fridays Inc. over hidden drink prices and, in the second suit over hidden drink prices at Carrabba's New Jersey locations, ruled...

Mealey's Litigation Procedure - Transvaginal Mesh Expert's Opinions Mostly Allowed By Illinois Federal Judge

CHICAGO - An expert for a couple seeking damages for injuries caused by a transvaginal mesh can offer opinions on several topics, such as using other synthetic mesh devices as safer alternatives to the one in question, "but the testimony must be limited to his area of expertise, and his opinions...

Mealey's Litigation Procedure - Mental Health Records Deemed Privileged, Nondiscoverable In Harassment Suit

MEMPHIS, Tenn. - A student's records and communications with an on-campus counseling facility are protected by the psychotherapist-patient privilege, a Tennessee federal magistrate judge ruled Oct. 6, denying a college's motion compel in a sexual harassment lawsuit brought by the student (Prianka...

Mealey's Litigation Procedure - 7th Circuit Affirms No Class Certification In Union Fair-Share Fee Suit

CHICAGO - Too many individualized issues predominate in a suit over public employees who were forced to pay fees to a union, even if they were not members, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 11, upholding a trial court's ruling in a case on remand from the U.S. Supreme Court...

Mealey's Litigation Procedure - Supreme Court To Hear Case On Foreign Application Of Stored Communications Act

WASHINGTON, D.C. - Over the opposition of Microsoft Corp., the U.S. Supreme Court on Oct. 16 granted the U.S. government's petition for certiorari to decide whether a warrant issued under the Stored Communications Act (SCA) can be applied extraterritorially to require an email provider to produce...

Mealey's Litigation Procedure - 3rd Circuit Affirms Dismissal Of Variable Electricity Pricing Class Suit

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Oct. 12 affirmed a trial court's decision to dismiss with prejudice a breach of contract class claim brought by a Pennsylvania resident who claimed that an energy company violated its service contract by raising the rates each month (John...

Mealey's Litigation Procedure - 6th Circuit Reinstates Collective Suit Over Hhgregg's Commission-Only Pay

CINCINNATI - A split Sixth Circuit U.S. Court of Appeals panel on Oct. 12 reversed a trial court's dismissal of a collective action accusing hhgregg Inc. and Gregg Appliances Inc., owner and operator of more than 220 appliance and electronic stores across the country, of violating federal and state...

Mealey's Litigation Procedure - Expert For Bankruptcy Fraud Defendant Cannot Testify, Federal Judge Rules

CHICAGO - An expert witness for a man charged with criminal bankruptcy fraud was barred from testifying at trial on Oct. 14 by an Illinois federal judge, who found that the expert's opinions are unreliable due to a lack of any methodology and amount to "legal conclusions that are not within...

Mealey's Litigation Procedure - Uber Seeks To Prevent Waymo From Reopening Discovery In Trade Secrets Suit

SAN FRANCISCO - The plaintiff in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others has failed to show that discovery should be reopened for the plaintiff to determine whether Uber used the plaintiff's source code to develop its autonomous vehicle source code, Uber...

Mealey's Litigation Procedure - PCA Says Timor-Lest, Australia Agree On Treaty Terms In Maritime Dispute

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 15 announced that Timor-Lest and Australia have agreed on the language of a treaty regarding maritime boundaries in the Timor Sea (Timor-Leste v. Australia, No. 2013-16, PCA).

Mealey's Litigation Procedure - Waymo's Request To Reopen Discovery In Trade Secrets Suit Denied

SAN FRANCISCO - It is too late in the litigation in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others to require Uber to turn over all of its source code for its self-driving vehicle technology, and a plaintiff's motion to compel Uber to turn over the source code...

Mealey's Litigation Procedure - ADT Agrees To Settle Class Suits Over Wireless Systems' Vulnerabilities For $16M

SAN FRANCISCO - A California federal judge on Oct. 16 granted preliminary approval of a $16 million settlement to be paid by ADT LLC to end several class action suits accusing the home security system company of failing to disclose that its wireless systems are unencrypted and vulnerable to attack (Michael...

Mealey's Litigation Procedure - Kentucky Panel Upholds Exclusion Of Expert Testimony In Suit Against Nursing Home

FRANKFORT, Ky. - The Kentucky Court of Appeals on Oct. 13 shot down all of an estate's challenges to a jury's verdict in favor of a nursing home on the estate's wrongful death claims, including the estate's argument that the trial court abused its discretion by limiting testimony from...

Mealey's Litigation Procedure - ACLU Files Class Complaint Over Immigrant Minors' Access To Abortions

WASHINGTON, D.C. - The American Civil Liberties Union filed a class complaint against federal government officials on Oct. 13 in the U.S. District Court for the District of Columbia, alleging that unaccompanied immigrant minors, many of whom have been sexually abused or assaulted, are being denied access...

Mealey's Litigation Procedure - Final Approval Granted To Class Action Over University Records Theft

ROME, Ga. - Five months after granting preliminary approval of the settlement of a class action over the theft of student records that a group of alumni said exposed their personally identifiable information (PII), a Georgia federal judge on Oct. 17 granted final approval of the parties' agreement...

Mealey's Litigation Procedure - Mom Loses Suit Over Son's Death After Police Expert's Opinions Allowed

TOLEDO, Ohio - An Ohio federal judge on Oct. 17 awarded summary judgment to the city of Toledo and several of its police officers on a mother's claims that the officers violated her son's civil rights by getting him killed for being a drug informant, after finding that an expert for the city...

Mealey's Litigation Procedure - Google Sanctioned $10,000 Per Day For Noncompliance With Email Warrant

SAN JOSE, Calif. - A California federal judge on Oct. 19 granted a motion by Google Inc. in a dispute with the federal government over whether a Stored Communications Act (SCA) warrant may be enforced extraterritorially, opening the door for Google to appeal an order compelling it to comply with such...