LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Transfer Granted In Class Suit Seeking Benefits For Pilots During Military Leave

PHOENIX - An Arizona federal judge on June 7 granted a motion by American Airlines Inc. (AA) to transfer a proposed class complaint by pilots seeking vacation time accrual and bonuses during military leaves to the U.S. District Court for the Northern District of Texas (John E. Hoefert v. American Airlines...

Mealey's Litigation Procedure - Shingle Maker Awarded Summary Judgment In Class Action Suit Over Alleged Defect

ATLANTA - A federal judge in Georgia on June 8 awarded summary judgment to Atlas Corp. after finding that an Ohio man was unable to show that an alleged defect in the shingles installed on his home caused a leak that required the roof to be replaced (In re Atlas Roofing Corp. Chalet Shingle Products...

Mealey's Litigation Procedure - High Court Limits American Pipe Tolling For Class Actions

WASHINGTON, D.C. - Putative class members may not file a new class action lawsuit outside the applicable statute of limitations in lieu of joining an existing class action lawsuit or filing an individual action, the U.S. Supreme Court ruled on June 11, overturning a federal circuit court's determination...

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 - Investors Ask D.C. Federal Court To Enforce $233M Award Issued Against Venezuela

WASHINGTON, D.C. - Two companies from Portugal and Luxembourg on June 8 filed a petition in a District of Columbia federal court to confirm a $233,975,416 arbitral award issued in their favor and against the Bolivarian Republic of Venezuela by the International Centre for Settlement of Investment Disputes...

Mealey's Litigation Procedure - Majority: CBAs Unambiguously Do Not Provide For Lifetime Retiree Health Care Benefits

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on June 8 reversed a lower court's finding that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant, concluding...

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 - Attorney's Deposition Partly Compelled In Suit Over Water Ride Patent

SAN DIEGO - A California federal magistrate judge on June 8 found that a patent owner's counsel did not waive attorney-client privilege regarding certain proceedings before the U.S. Patent and Trademark Office (PTO) over a water park ride patent, partly denying a motion to compel his deposition but...

Mealey's Litigation Procedure - Magistrate Orders Telecom To Supplement Discovery In Contract Dispute

ORLANDO, Fla. - A telecommunications firm failed to establish its assertions of attorney-client and work product privilege in certain documents sought via discovery in a breach of contract suit brought by a former client, a Florida federal magistrate judge ruled June 12, mostly granting the plaintiff's...

Mealey's Litigation Procedure - Justice: Auto Makers Must Answer Asbestos Plaintiff's Jurisdictional Discovery

NEW YORK - Two automakers did not file timely objections to an order requiring them to respond to jurisdictional discovery requests, but regardless, the motions are at least likely to produce admissible evidence, a New York justice held in an opinion posted June 12 and affirming a special master's...

Mealey's Litigation Procedure - Defendant In Trade Secrets Lawsuit Found To Have Complied With Discovery Order

RICHMOND, Va. - Discovery sanctions in a trade secrets misappropriation lawsuit are not warranted because a door skin manufacturer failed to show that its competitor violated any discovery orders requiring it to state with the requisite specificity what trade secrets it sought to present as part of its...

Mealey's Litigation Procedure - Home Builder Removes Class Action Suit Over Stucco, Says Damages Exceed $5M

ORLANDO, Fla. - Centex Real Estate Co. LLC on June 11 removed a class action suit accusing the builder and contractors of improperly installing the stucco on 137 homes in an Apopka, Fla., development, arguing that the federal court has jurisdiction over the case under the Class Action Fairness Act (CAFA...

Mealey's Litigation Procedure - Louisiana Federal Judge Orders Disability Insurer To Supplement Responses

NEW ORLEANS - A Louisiana federal judge on June 13 ordered a disability insurer to supplement its answers to a disability claimant's interrogatories to include communications with all attorneys consulted regarding the participant's claim for benefits (Anne Wittmann v. Unum Life Insurance Company...

Mealey's Litigation Procedure - Intuitive Surgical Settles Da Vinci Securities Class Action For $42.5M

SAN JOSE, Calif. - Intuitive Surgical Inc. on June 13 announced that it reached an agreement in principle to settle a securities class action for $42.5 million (In Re: Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.).

Mealey's Litigation Procedure - Swedish Court Suspends $2.6B Award For Ukraine's Gas Company

STOCKHOLM, Sweden - Gazprom of Russia on June 15 announced that a Swedish court has granted its request to suspend the enforcement of a $2.6 billion arbitration award issued in a dispute over a contract for gas transit.

Mealey's Litigation Procedure - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation...

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...

Mealey's Litigation Procedure - Students Sue University Over Elimination Of 2 Women's Teams Mid-Season

DETROIT - Two Eastern Michigan University (EMU) students filed a class complaint on June 15 in Michigan federal court, alleging that the school violated Title IX of the Education Amendments of 1972 when it eliminated its women's tennis and softball teams in the midst of their competitive seasons...

Mealey's Litigation Procedure - New Jersey Appeals Court: Yaz/Yasmin Plaintiff Didn't Provide Valid Expert Report

TRENTON, N.J. - A New Jersey appeals panel on June 18 agreed with a trial court that a Yaz/Yasmin plaintiff failed to provide a valid expert opinion to support her claim, resulting in dismissal with prejudice (Rhonda Fuller v. Bayer Corp., et al., No. A-4813-1574, N.J. Super., App. Div., 2018 N.J. Super...