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Mealey's Litigation Procedure - 7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607...

Mealey's Litigation Procedure - Wage Class Suit Parties Ordered To Accept Surveys Filed Up To 1 Month Late

CLEVELAND - The parties in a class suit over the misclassification of door-to-door salespeople that ended with a jury finding for the plaintiffs on the issue of liability for unpaid wages must accept surveys regarding the hours the affected employees worked during the overtime pay period that were filed...

Mealey's Litigation Procedure - Apple Extended Warranty Class Suit Partially Survives Dismissal Motion

LOS ANGELES - A consumer suing Apple Inc. for allegedly shortchanging him several days on the extended warranty he purchased has standing to bring suit, but must resolve some deficiencies in his complaint, a California federal judge ruled Aug. 10, granting in part and denying in part Apple's motion...

Mealey's Litigation Procedure - Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters

DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative...

Mealey's Litigation Procedure - Texas Federal Judge Orders New Deposition In Patent Case

SHERMAN, Texas - A plaintiff will be permitted another opportunity to depose the author of a patent opinion letter at the expense of an infringement defendant "as a remedy" for conduct by defense counsel, a Texas federal judge ruled Aug. 11 (Tech Pharmacy Services LLC v. Alixa Rx LLC, No. 15...

Mealey's Litigation Procedure - Uber Seeks To Settle Unwanted Text Messages Class Suit For $20 Million

CHICAGO - Plaintiffs representing three classes of individuals who received unsolicited text messages from Uber Technologies Inc. moved Aug. 11 for preliminary approval of a $20 million settlement (Maria Vergara, et al. v. Uber Technologies, Inc., No. 15-6942, N.D. Ill.).

Mealey's Litigation Procedure - Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit

SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three...

Mealey's Litigation Procedure - Federal Magistrate Judge: Expert's Opinion On Bath Mat's Suitability Is Reliable

KNOXVILLE, Tenn. - A mathematician can provide expert testimony regarding the suitability of a bath mat that allegedly caused a woman to slip and fall after coming out of a shower stall in a condominium, a federal magistrate judge in Tennessee ruled Aug. 11, holding that the expert was qualified and...

Mealey's Litigation Procedure - 7th Circuit Rejects 1.75 Attorney Fee Multiplier In Sears Moldy Washer Class Suit

CHICAGO - Despite finding that the average multiplier in the Seventh Circuit U.S. Court of Appeals is 1.85, a panel on Aug. 14 rejected a 1.75 multiplier for attorney fees in a settled case over defective and moldy Sears, Roebuck and Co. and Whirlpool Corp. (collectively, Sears) washing machines and...

Mealey's Litigation Procedure - Celexa/Lexapro MDL Judge Denies Pediatric RICO Class Certification

BOSTON - A Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Aug. 15 denied certification of a class of adolescent users of the antidepressant, saying individual issues will predominate (In Re: Celexa and Lexapro, No. 09-2067, Delana S. Kiossovski, et al. v. Forest...

Mealey's Litigation Procedure - Web Host Opposes DOJ's Warrant To Seize User Records From Activist Website

WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad...

Mealey's Litigation Procedure - Insurer Seeks Clarification On Discovery To Reinsurer In Breach Of Contract Suit

PHILADELPHIA - In a breach of contract suit, an insurer moved for clarification on Aug. 11 with a Pennsylvania federal court to confirm that it is to produce only unredacted versions of documents previously produced with redactions based on proprietary material, reserves and "other reinsurance"...

Mealey's Litigation Procedure - 9th Circuit: Alleged Harm From Inaccurate Online Listing Is Concrete Injury

SAN FRANCISCO - Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged...

Mealey's Litigation Procedure - Standard-Of-Care Opinions Allowed In Suit Over Veteran's Suicide

KANSAS CITY, Kan. - Three expert witnesses for the father of a veteran who killed himself after being discharged from a government hospital can testify that the suicide was caused by the U.S. Department of Veterans Affairs' failure to follow its guidelines and standard of care, a Kansas federal judge...

Mealey's Litigation Procedure - Judge Largely Allows ACA Lactation Insurance Coverage Suit To Proceed

SAN FRANCISCO - To the extent an insurer covers lactation services required by the Patient Protection and Affordable Care Act (ACA), allegations that it makes finding or using those providers impossible support a class action, a federal judge in California held Aug. 15 in largely denying a motion to...

Mealey's Litigation Procedure - Judge Declines Reconsideration Of ACA Out-Of-Network Lactation Coverage Ruling

WASHINGTON, D.C. - An insurer's alternative interpretation of the Patient Protection and Affordable Care Act (ACA)'s lactation services mandate did not require consideration of an affidavit stating that the company complied with the law, a federal judge in the District of Columbia held Aug. 14...

Mealey's Litigation Procedure - Lyft Driver Files Class Complaint Alleging Underpaid Wages

TRENTON, N.J. - A driver for Lyft Inc., a transportation service ordered by customers via a mobile phone application, filed a class complaint on Aug. 15 in New Jersey federal court accusing Lyft of misrepresenting to drivers the fares being paid by riders and, as a result, paying drivers less than the...

Mealey's Litigation Procedure - Plaintiff Urges Florida Court To Allow Asbestos Experts, Award, Reject Daubert

TALLAHASSEE, Fla. - Two amicus curiae parties on Aug. 15 joined a plaintiff in urging the Florida Supreme Court to reject the Daubert standard and reverse an appellate court's ruling excluding experts and negating an $8 million asbestos award (Richard DeLisle v. Crane Co., et al., No. SC16-2182,...

Mealey's Litigation Procedure - Rapid-American Protests Insurers' Subpoenas To Claims-Processing Facilities

NEW YORK - Chapter 11 debtor Rapid-American Corp. and the asbestos claimants in its case asked a New York federal bankruptcy judge on Aug. 15 to stop the debtor's insurers from enforcing subpoenas they issued to six asbestos claims-processing facilities, saying the subpoenas are "facially overbroad...

Mealey's Litigation Procedure - Federal Judge Refuses To Reconsider Consolidation Of Flint, Mich., Water Cases

DETROIT - A federal judge in Michigan on Aug. 15 issued a second order consolidating all of the lawsuits pertaining to the lead-contaminated water crisis in Flint, Mich., into one action in response to a motion to reconsider filed by a group of state employee defendants. The one-page order did not elaborate...

Mealey's Litigation Procedure - 1st Circuit Dismisses Man's Attempt To Become Plaintiff In Dead Spouse's Class Suit

BOSTON - A First Circuit U.S. Court of Appeals panel on Aug. 16 dismissed the appeal of a trial court's rejection of a Massachusetts man's attempt to amend his late wife's putative class action complaint against a retailer over its collection of ZIP codes to name himself as the lead plaintiff...

Mealey's Litigation Procedure - 2nd Circuit Orders Arbitration Of Uber Price-Fixing Claims Unless It Waived Its Right

NEW YORK - A mobile application by Uber Technologies Inc., a ridesharing service, provided "reasonably conspicuous notice" of its terms of service, which included an arbitration clause, as a matter of California law, a Second Circuit U.S. Court of Appeals panel ruled Aug. 17 in a price-fixing...

Mealey's Litigation Procedure - Pennsylvania Agency Deems Mayor's Facebook Posts To Be Public Records

HARRISBURG, Pa. - Because a Pennsylvania borough's mayor's public Facebook page was created and maintained in connection with the municipality's official business, the Pennsylvania Office of Open Records (OOR) on Aug. 16 determined that posts and messages connected with the page are public...

Mealey's Litigation Procedure - 6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers

CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal...

Mealey's Litigation Procedure - Judge Limits Experts' Testimony On Migration Of Metals To River

TRENTON, N.J. - A federal judge in New Jersey on Aug. 16 granted in part NL Industries Inc.'s motion to exclude testimony from two experts for an environmental group accusing the company of violating the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA), finding that portions...