LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Refuses To Strike Widow's Expert's Testimony On Access To Data

CHICAGO - A federal judge in Illinois overseeing a trial claiming that a former Reed Smith partner's use of the antidepressant Paxil caused him to commit suicide in 2010 on March 20 denied the drug maker's motion to strike portions of testimony from a plaintiff's expert of the amount of data...

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts...

Mealey's Litigation Procedure - Judge Rules On Motions To Exclude Testimony In Putative Class Action

TRENTON, N.J. - A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089...

Mealey's Litigation Procedure - Federal Judge Allows Expert Opinion On Stock Trade In Class Action Securities Suit

COLUMBUS, Ohio - An economic expert may opine as to whether the market in which a company's stock traded was efficient during a class period and whether it is possible to calculate damages on a classwide basis for purposes of liability, an Ohio federal judge ruled March 17 (Alan Willis v. Big Lots...

Mealey's Litigation Procedure - California Federal Judge Denies Decertification, Finds Vendors Are Employees

SAN FRANCISCO - A network of "vendors" who perform maintenance and repair services at properties owned by Field Asset Services Inc. (FAS) are employees, not independent contractors, and are owed overtime and business expenses, a California federal judge ruled March 17 in an order granting the...

Mealey's Litigation Procedure - Drug Makers, Benefit Managers Hit With Class Suit Alleging Insulin Pricing Scheme

NEWARK, N.J. - Three drug makers and the three largest pharmacy benefit managers have engaged in a pricing scheme to drive up the cost of diabetes insulin - by more than 150 percent in the last five years - in violation of the Racketeer Influenced and Corrupt Organizations Act, the Employee Retirement...

Mealey's Litigation Procedure - ICSID Finds Pakistan Violated Treaty, Will Proceed To Damages Phase

TORONTO - The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses.

Mealey's Litigation Procedure - Reinsurer: Insurer Did Not Tell Of Trial Witnesses Until After End Of Discovery

SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on March 17 for permission to file a letter motion asking the court to disqualify certain trial witnesses that were not revealed until after the end of discovery or, in the alternative, allow the reinsurer to depose the witnesses (Utica Mutual...

Mealey's Litigation Procedure - High Court Hears Arguments On Jurisdiction Of Dismissed Defective Xbox Class Action

WASHINGTON, D.C. - The U.S. Supreme Court on March 21 heard arguments from Microsoft Corp. and a class of owners of allegedly defective Xbox gaming systems as to whether an appeals court has jurisdiction to consider a class certification appeal after the plaintiffs have voluntarily dismissed their claims...

Mealey's Litigation Procedure - Magistrate Judge Allows Testimony On Claimed Process In Patent Infringement Suit

TYLER, Texas - In a patent infringement lawsuit, an expert may provide opinions "based on his technical knowledge and expertise" as to the technical advantages of a claimed process of forming circuitry used in controlling liquid crystal displays (LCDs), a Texas federal magistrate judge ruled...

Mealey's Litigation Procedure - Without Expert Testimony, Judge Grants Judgment On Product Liability Claims

HARTFORD, Conn. - Finding that a plaintiff's expert is not qualified to testify about "handheld circular saw safety, the efficacy or necessity of riving knives on such products, or the sufficiency of warning labels" to support design defect and failure-to-warn claims, a Connecticut federal...

Mealey's Litigation Procedure - English Oil Company Commences Treaty Arbitration Against Italy

LONDON - An English exploration company on March 23 announced that it has commenced arbitration against the Republic of Italy, asserting that it breached the Energy Charter Treaty (ECT).

Mealey's Litigation Procedure - 3rd Circuit Affirms Contempt Judgment For Refusal To Decrypt Devices

PHILADELPHIA - A child pornography suspect was correctly found to be in contempt when he refused to comply with a court order requiring him to provide law enforcement with access to external hard drives, a Third Circuit U.S. Court of Appeals panel ruled March 20, finding that the defendant's rights...

Mealey's Litigation Procedure - Partial Summary Judgment Granted In Apple IPhone Antitrust Class Action

OAKLAND, Calif. - A California federal judge on March 22 granted in part a motion for summary judgment by Apple Inc., finding that the plaintiffs in a putative antitrust class action failed to establish the primary alleged aftermarket for iPhone voice and data services related to claimed service exclusivity...

Mealey's Litigation Procedure - Some Flint Water Defendants: Local Controversy Exception Applies To Class Action

DETROIT - Some of the defendants sued by residents of Flint, Mich., in connection with the lead-contaminated drinking water in that city filed a brief in Michigan federal court on March 21, arguing that the lawsuit meets the local controversy exception to the Class Action Fairness Act (CAFA) and, therefore...

Mealey's Litigation Procedure - Campbell Soup Trans Fat Labeling Class Suit Dismissed; Motions For Sanctions Denied

SAN DIEGO - A California federal judge on March 21 granted a motion to dismiss a class complaint accusing Campbell Soup Co. of deceiving customers by labeling soup as healthy even though it contained trans fat but denied motions by both parties seeking sanctions (Harold Brower, et al. v. Campbell Soup...

Mealey's Litigation Procedure - Plaintiffs' Counsel Sanctioned For Behavior During Wage-And-Hour Deposition

SAN FRANCISCO - An attorney representing the named plaintiffs in a wage-and-hour class complaint must pay $7,706.32 in sanctions after acting in an "unprofessional" and "disrespectful" manner during deposition, a California federal magistrate judge ruled March 21, adding that the...

Mealey's Litigation Procedure - Judge Refuses To Compel Arbitration Of Investor's Claims In China

WILMINGTON, Del. - A Delaware federal judge on March 22 denied a motion filed by several companies to compel arbitration of claims asserted by an investor in relation to supply and operating agreements, finding that neither of the arbitration provisions in the contracts applies to his claims (Pei Chuang...

Mealey's Litigation Procedure - New Expert Report In Spying Software Suit Struck, Deemed To Be Too Late

ERIE, Pa. - A second expert report filed by the lead plaintiffs in a proposed class action over spying software when they filed their reply brief in support of their renewed motion for class certification was filed too late, a Pennsylvania federal magistrate judge ruled March 22, striking the new report...

Mealey's Litigation Procedure - Group Seeks Encrypted EPA Communications In FOIA Lawsuit

WASHINGTON, D.C. - A government watchdog group on March 21 filed a complaint in District of Columbia federal court against the Environmental Protection Agency, alleging that the agency violated the Freedom of Information Act (FOIA), 5 U.S.C. 552, by not timely providing certain employees' communications...

Mealey's Litigation Procedure - Judge: Plaintiffs' Negligence, Products Liability Claims Fail Without Expert Testimony

MILWAUKEE - Excluding expert testimony on the cause and origin of a fire, a Wisconsin federal judge ruled March 21 that plaintiffs cannot prevail on their claims of strict products liability or negligence because "without competent expert testimony, the jury would be forced to speculate about the...

Mealey's Litigation Procedure - Energy Firm Says It Will File SIAC Arbitration Over Shares In Mine

SUBIACO, Western Australia - An Australian energy firm on March 23 announced that it will commence arbitration with the Singapore International Arbitration Centre (SIAC) against a uranium holding company, asserting claims related to a notice requesting that it determine the value of its shares in a mine...

Mealey's Litigation Procedure - PCA Releases Annual Report, Announces Increase In Arbitrations

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on March 23 released its 2016 annual report announcing an increase in new arbitration requests and in administered cases.

Mealey's Litigation Procedure - Magistrate Grants Protective Order In Negligence Suit For Trade Secret Information

LAS VEGAS - A federal magistrate judge in Nevada on March 21 granted a protective order in a negligence lawsuit to facilitate discovery exchanges and establishing a procedure for the filing of documents that include trade secrets and other confidential information pursuant to Federal Rule of Civil Procedure...

Mealey's Litigation Procedure - Judge Nixes Class In Insureds' Suit Claiming Pharmacy Gouged On Generic Drugs

SAN FRANCISCO - The variety of contracts at issue and evidence that at least some of the contracted pharmacy benefit managers (PBMs) understood that a pharmacy's usual and customary rate did not include the rate offered for generic drugs in its membership program defeat a motion for class certification...