LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class Suit Over Beer's Origin Is Dismissed With Leave To Amend

SAN JOSE, Calif. - A California federal judge on Nov. 27 reconsidered dismissal in a class complaint accusing a beer maker of packaging and marketing its product to mislead consumers into believing it is brewed in Hawaii, and once more granted the motion, but this time with leave to amend a request for...

Mealey's Litigation Procedure - Federal Government Temporarily Enjoined From Removing 51 Indonesian Christians

BOSTON - A Massachusetts federal judge on Nov. 27 issued a memorandum and order temporarily enjoining the federal government from removing from the United States the named petitioners in a proposed class action filed by Indonesian Christians whose stays of removal were revoked until the court can rule...

Mealey's Litigation Procedure - 2 Of 3 Joint Employers Will Pay $5.6 Million To Settle Class's Wage Claims

SAN FRANCISCO - A California federal magistrate judge on Nov. 27 granted preliminary approval of a $5.6 mill ion settlement to be paid by two of three joint employers to end wage-and-hour claims brought by a class of workers, finding the settlement terms fair and reasonable and free of obvious deficiencies...

Mealey's Litigation Procedure - ICSID Revises Schedule In Laos Gaming Arbitration To Hear New Claims

SINGAPORE - After a recent decision in which a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) clarified that it will consider new claims asserted by a gaming industry investor regarding the nonrecognition of a Singapore arbitral award against a third party, the tribunal...

Mealey's Litigation Procedure - TCPA Suit By Loan Customer Who Revoked Consent Survives, But Not As Class Action

GREENBELT, Md. - A car loan customer who alleges that he revoked consent he originally gave a finance company to call his cellular telephone after receiving too many calls may proceed with his claims under the Telephone Consumer Protection Act (TCPA) and Maryland law, but not as a class action, a Maryland...

Mealey's Litigation Procedure - With Bench Trial Slated For Tribe's Tax Claims, Judge Allows 7 Experts To Testify

SEATTLE - A Washington federal judge on Nov. 27 denied seven motions to exclude expert testimony in an Indian tribe's efforts to avoid state and county taxes for the town it developed, saying that with a bench trial scheduled rather than a jury trial, he will be able to determine at trial whether...

Mealey's Litigation Procedure - ICSID Orders Peru To Pay Mining Firm $24M For Trade Agreement Violations

WASHINGTON, D.C. - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 1 released its award in favor of a Canadian mining company for $24,223,775, plus interest, in damages for the expropriation of its mining investment in the Republic of...

Mealey's Litigation Procedure - Airline Expert Permitted To Testify In Injured Worker's Negligence Action

MIAMI - An aviation industry expert can testify about whether the training received by a worker who was injured in an aircraft-moving tractor from an employee of the company that made the tractor was adequate but cannot offer opinions on the sales contract for the tractor because doing so involves issues...

Mealey's Litigation Procedure - Judge Stays Lawsuit Pending Decision In ICSID Arbitration Against Guinea

NEW YORK - A New York federal judge on Nov. 29 granted a motion filed by a group of nonprofit organizations to stay a case related to mining rights in Guinea, pending the outcome of an international arbitration case commenced by a group of resource companies against Guinea (BSG Resources [Guinea] Limited...

Mealey's Litigation Procedure - High Court Refuses To Review Enforcement Of $422M ICC Award

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari that sought review of a district court's order confirming a $422 million award international arbitral award issued in a patent infringement case (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No....

Mealey's Litigation Procedure - Government Seeks Mandamus Of DACA Discovery Order From Supreme Court

WASHINGTON, D.C. - After the Ninth Circuit U.S. Court of Appeals denied its petition for mandamus of a trial court's order requiring an expanded administrative record in a lawsuit seeking to block termination of the Deferred Action for Childhood Arrivals (DACA) program, the U.S. government on Dec...

Mealey's Litigation Procedure - Expert Can Opine On Correctness Of Brain Injury Test, Magistrate Says

SAN ANTONIO - A neuropsychologist can testify as an expert witness on the appropriateness of using a computer-based test called the "Starry Night" test in diagnosing a traumatic brain injury because he is sufficiently qualified and his testimony is reliable, a Texas federal magistrate judge...

Mealey's Litigation Procedure - Judge Permits Government To Conduct Broad Search Of Email Addresses

MONTGOMERY, Ala. - An Alabama federal judge on Dec. 1 granted the U.S. government's motion to reconsider limitations that were previously imposed on search methods to be used with certain email accounts, with the judge concluding that the specifics of the case require flexibility with the usual particularity...

Mealey's Litigation Procedure - 9th Circuit Refuses To Compel Arbitration Of Estate's Claims In South Korea

HONOLULU - The Ninth Circuit U.S. Court of Appeals on Nov. 30 affirmed a district court's decision that denied a Korean corporation's motion to compel an estate's negligence claims related to the death of a seaman to arbitration in South Korea, finding that the corporation was not a signatory...

Mealey's Litigation Procedure - With Expert Opinions Allowed, Insurer Denied Judgment On Home Damage Claims

NASHVILLE, Tenn. - A Tennessee federal judge on Dec. 4 denied summary judgment to an insurer in a lawsuit over coverage for a damaged home after finding that testimony by the homeowners' expert is admissible and raises a material factual dispute about whether a sinkhole caused the damage (Debra Daniels...

Mealey's Litigation Procedure - Miramax, Weinstein's Board Facilitated Harassment, RICO Class Complaint Alleges

NEW YORK - Miramax LLC, Miramax Film Corp. and Miramax Film NY LLC (collectively Miramax), The Weinstein Co. (TWC) and TWC's board facilitated and condoned the alleged flashing, fondling, sexual assault and rape carried out by movie producer Harvey Weinstein at offices, in hotel rooms, in his homes...

Mealey's Litigation Procedure - DACA Supporters Oppose Government's High Court Petition To Stay Discovery Order

WASHINGTON, D.C. - Several U.S. states and other parties opposing the repeal of the Deferred Action for Childhood Arrivals (DACA) program filed briefs in the U.S. Supreme Court Dec. 6, arguing against the federal government's petition for mandamus to halt an order requiring discovery of purported...

Mealey's Litigation Procedure - Supreme Court Refuses To Hear Petition Challenging $48M ICC Award

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 denied a petition for writ of certiorari filed by a group of mining entities, which challenged the issuance of a $48,053,462 arbitral award by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group...

Mealey's Litigation Procedure - Expert's Opinions Allowed In Class Action Over Fitbit's Sleep-Tracking Mode

SAN FRANCISCO - A California federal judge on Dec. 8, in denying summary judgment to Fitbit Inc. on class claims that the sleep-tracking functions on its devices do not work, ruled that the opinions of a plaintiffs' expert who tested the devices are reliable and relevant (James Brickman, et al. v...

Mealey's Litigation Procedure - Government To High Court: SCA Warrant Required Disclosure Of Foreign-Stored Data

WASHINGTON, D.C. - In a Dec. 6 petition for certiorari, the U.S. government argues that a warrant issued under the Stored Communications Act (SCA) obligated Microsoft Corp.to provide a user's email data that it happened to store abroad, asking the U.S. Supreme Court to overturn the Second Circuit...

Mealey's Litigation Procedure - Majority Of Class Claims Over Biotin Labeling Survive Dismissal Motion

SAN DIEGO - A California federal judge on Dec. 6 partially granted a dismissal motion filed by the makers of Biotin supplements in a proposed class complaint alleging false labeling and gave the plaintiffs two weeks to file a second amended complaint (Rosa Alvarez, et al. v. NBTY, Inc., et al., No. 17...

Mealey's Litigation Procedure - Supreme Court Grants Government's Petition To Stay DACA Discovery Orders

WASHINGTON, D.C. - A U.S. Supreme Court majority on Dec. 8 granted a petition for mandamus by the U.S. government, staying a trial court's discovery order requiring completion of the record in a lawsuit by parties opposing the repeal of the Deferred Action for Childhood Arrivals (DACA) program, with...

Mealey's Litigation Procedure - 7th Circuit Upholds Gift Card Fees Settlement Giving Attorneys More Than Class

CHICAGO - Noting that a settlement in a class suit over gift card fees that provided the attorneys with more compensation than the class members was not perfect, a Seventh Circuit U.S. Court of Appeals panel on Dec. 7 affirmed it nonetheless, ruling that the district court chose the better option (Saul...

Mealey's Litigation Procedure - On Remand, Judge Permits Expert Opinions For Man Challenging Police Citations

BUTTE, Mont. - After the Ninth Circuit U.S. Court of Appeals' removal of a Montana federal judge for committing several errors, including excluding expert testimony without a sound basis, a different judge held on remand Dec. 11 that the opinions of the challenged expert for an environmentalist who...

Mealey's Litigation Procedure - 9th Circuit: Wage Class Should Be Certified, Notice Of Violation Was Given

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 7 reversed the denial of class certification in a wage-and-hour complaint, finding that the pleadings provided sufficient notice to the employer of violations of California Labor Code Section 226(a) violations, whether direct or derivative...