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Mealey's Litigation Procedure - U.S. High Court Vacates Ruling For Employee In Class Arbitration Suit

WASHINGTON, D.C. - The U.S. Supreme Court on May 29 granted a petition for writ by United Healthcare Services Inc. (UHS) in a case over a class arbitration waiver, vacated the judgment in favor of the employee and remanded to the Seventh Circuit U.S. Court of Appeals for further consideration in light...

Mealey's Litigation Procedure - 9th Circuit Affirms Expert Witness Rulings In Arrestee's Police Lawsuit

SAN FRANCISCO - A federal court made proper determinations when allowing a police practices expert to testify while excluding testimony from a medical expert for a man who says he was injured by police when they used excessive force to arrest him, the Ninth Circuit U.S. Court of Appeals held May 24 in...

Mealey's Litigation Procedure - Class Suit Over Bob Evans' Collection Of Employees' Fingerprints Is Remanded

PEORIA, Ill. - An Illinois federal judge on May 23 sent a class complaint accusing a restaurant chain of improperly collecting and retaining employees' fingerprints back to state court, ruling that the district court lacks jurisdiction (Emily Kiefer, et al. v. Bob Evans Farms, LLC, et al., No. 17...

Mealey's Litigation Procedure - 9th Circuit Grants Facebook's Emergency Stay Motion In Biometric Privacy Suit

SAN FRANCISCO - The same day that a California federal judge denied Facebook Inc.'s motion to stay proceedings in a suit over its alleged violations of the Illinois Biometric Information Privacy Act (BIPA), a Ninth Circuit U.S. Court of Appeals panel on May 29 granted the social network's emergency...

Mealey's Litigation Procedure - FCA's Arbitration Agreement Won't Apply To Workers Hired Before Its Implementation

DETROIT - A Michigan federal judge on May 24 agreed to compel arbitration of racial bias claims filed against FCA US LLC by employees hired after an arbitration agreement was in place, but declined to enforce the agreement as to employees hired before the agreement's implementation, finding that...

Mealey's Litigation Procedure - Tesla Agrees To Settle 'Safer' Autopilot Class Lawsuit For $5.4 Million

SAN JOSE, Calif. - Five owners of Tesla vehicles with "Enhanced Autopilot" that the owners allege was falsely billed as "safer" for drivers moved May 25 for preliminary approval of a more than $5.4 million class settlement to be paid by Tesla to end the claims (Dean Sheikh, et al...

Mealey's Litigation Procedure - Privacy Class Claims Against Employer, Fingerprint Scanner Company Survive Dismissal

CHICAGO - Class claims by an employee challenging the collection and storage of fingerprint scans may proceed against the company that employed her and the third-party scanner provider, an Illinois federal judge ruled May 31 (Cynthia Dixon v. The Washington and Jane Smith Community - Beverly, et al....

Mealey's Litigation Procedure - High Court Orders Dismissal In Suit Over Unaccompanied Minors' Access To Abortions

WASHINGTON, D.C. - The U.S. Supreme Court on June 4 vacated an en banc order by the District of Columbia Circuit U.S. Court of Appeals in a proposed class action lawsuit over abortions for unaccompanied minors and ordered the appellate panel on remand to direct the district court to dismiss the individual...

Mealey's Litigation Procedure - Judge: Expert's Opinions In Defective Ladder Case Deserve Daubert Scrutiny

SCRANTON, Pa. - A Pennsylvania federal judge said May 31 that he must first hold a hearing pursuant to Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), before he decides a ladder maker's request to strike expert testimony for a man who was injured when he fell from a ladder and now...

Mealey's Litigation Procedure - Federal Judge OKs Use Of Company Employees As Experts

SAN DIEGO - Two nonretained experts for a company that makes auto transmissions can offer opinions as experts, rather than as lay witnesses, even though they both work for the company, which is trying to fend off product liability class claims, a California federal judge decided June 4 (Carlos Victorino...

Mealey's Litigation Procedure - JPMDL Centralizes Facebook Data-Sharing Suits In California Federal Court

WASHINGTON, D.C. - A growing list of class actions against Facebook Inc. over the sharing of millions of social network users' personal data by a third-party app developer will be centralized in California federal court, the U.S. Judicial Panel for Multidistrict Litigation (JPMDL) ruled June 6, granting...

Mealey's Litigation Procedure - Class Suing State Farm For Life Insurance Overcharges Awarded More Than $34M

JEFFERSON CITY, Mo. - A Missouri federal jury on June 6 awarded a class of State Farm Life Insurance Co. policyholders more than $34 million on claims that they were systematically overcharged for more than two decades (Michael G. Voght, et al. v. State Farm Life Insurance Company, No. 16-4170, W.D....

Mealey's Litigation Procedure - Judge Slices Most Of Expert's Opinions In Wrongful Death Suit Against Jail

WAYCROSS, Ga. - An expert for a widower in a wrongful death action against medical personnel had most of his opinions trimmed from his expert report June 6 by a Georgia federal judge due to lack of compliance with Federal Rule of Evidence 702, Fed. R. Evid. 702 (Sredrick Jones v. Wallace Steve Anderson...

Mealey's Litigation Procedure - Louisiana Panel: Allowance Of Oyster Expert Proper In Suit Against Oil Driller

NEW ORLEANS - An oyster biologist has ample qualifications, and his methods to determine whether oil well activity killed most of the oysters in a couple's oyster beds are sound, a Louisiana appeals court panel held June 6 in affirming judgment for the couple on their negligence claims against a...

Mealey's Litigation Procedure - Judge Refuses To Confirm Award Issued Against India In Natural Gas Dispute

WASHINGTON, D.C. - A District of Columbia federal judge on June 7 refused to confirm a Malaysian arbitral award issued against the government of India and its Ministry of Petroleum and Natural Gas, finding that enforcing specific performance of a part of the award, which would require India to allow...

Mealey's Litigation Procedure - Final Approval Of TCPA Class Settlement With Only 211 Validated Claims Denied

MIAMI - A Florida federal judge on June 7 declined to grant final approval to a proposed $1.2 million Telephone Consumer Protection Act (TCPA) settlement after only 211 claims were validated, totaling $27,430, ruling that class counsel failed to show that there was sufficient evidence made to reach other...

Mealey's Litigation Procedure - Legal Conclusions Doom Most Of Expert's Opinions In Police Practices Case

ST. LOUIS - A police practices expert for a motorist who was run off a highway during a police chase and then mistakenly arrested cannot testify about the reasonableness of the conduct of the officers involved, a Missouri federal magistrate judge ruled June 8, saying the expert's opinions mostly...

Mealey's Litigation Procedure - Lipitor MDL Plaintiffs Lose On Appeal As 4th Circuit Upholds Experts' Rejection

RICHMOND, Va. - Finding no abuse or error in a federal judge's exclusion of the causation opinions of three experts for thousands of women seeking to hold Pfizer Inc. liable for their diabetes, which they say was caused by using the popular cholesterol drug Lipitor, the Fourth Circuit U.S. Court...

Mealey's Litigation Procedure - 4th Circuit Upholds Arbitration Denial In Cable Tech's Pay Class Suit

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 12 affirmed denial of a motion to compel arbitration in a wage-and-hour class complaint by a cable technician, ruling that the technician's claims don't rely on the agreements he signed that reference arbitration and the district...

Mealey's Litigation Procedure - Understaffed Nursing Homes Class Complaint Is Dismissed For Lack Of Injury

LITTLE ROCK, Ark. - An Arkansas federal judge on June 12 granted a motion for judgment on the pleadings by the defendants in a proposed class complaint accusing four nursing homes of failing to adequately staff their facilities, ruling in part that the plaintiffs failed to plead any injuries (James Green...

Mealey's Litigation Procedure - 8th Circuit Upholds Target Data Breach Class Certification, Settlement

ST. PAUL, Minn. - Rejecting objections by two class members, an Eighth Circuit U.S. Court of Appeals panel on June 13 affirmed a trial court's approval of a $10 million settlement between Target Corp. and a class of consumers affected by a 2013 data breach, finding that on remand after a previous...

Mealey's Litigation Procedure - Facebook Instant Messages Deemed Discoverable In Anthem ERISA Class Action

INDIANAPOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class...

Mealey's Litigation Procedure - Opioid-Pushing Doctor's Conviction Upheld, As Is Medical Expert's Testimony

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 14 affirmed the conviction of a doctor for participating in opioid "pill mills" in Georgia, finding no abuse of discretion by the trial court in allowing a government expert to testify that the doctor's conduct showed that he was...

Mealey's Litigation Procedure - Wells Fargo's $142M Unauthorized Account Settlement Is Granted Final Approval

SAN FRANCISCO - A California federal judge on June 14 granted final approval of a $142 million settlement that will be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to resolve class claims that the bank opened accounts for individuals, enrolled them in products and services and submitted applications...

Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Petition To Confirm $48M ICC Award

NEW YORK - A New York federal judge on June 15 refused to grant a motion filed by a group of mining entities to dismiss a petition to confirm a $48,053,462 arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies...