LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - 8th Circuit Reverses, Sends Ex-Workers' Age Bias Claims To Arbitration

ST. PAUL, Minn. - Thirty-three laid-off General Mills Inc. workers must have their age discrimination claims decided in arbitration individually, and not as a class, and they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because...

Mealey's Litigation Procedure - 2nd Circuit Affirms Ruling Refusing To Certify FLSA And NYLL Class Actions

NEW YORK - The Second Circuit U.S. Court of Appeals on April 14 rejected an appeal of a court decision that refused to certify multiple class actions asserting violations of labor law, finding that the court's ruling was well reasoned and that it did not err when it found that the proposed classes...

Mealey's Litigation Procedure - Vermont High Court Remands For Sentencing Hearing To Allow Expert Mitigation Testimony

MONTPELIER, Vt. - While a man's convictions for drunken driving resulting in death were upheld, the Vermont Supreme Court on April 14 remanded the matter for resentencing because the trial court abused its discretion by not continuing a sentencing hearing to allow expert mitigation testimony to be...

Mealey's Litigation Procedure - ICSID Grants Stay, Orders Tanzanian Entity To Pay $148M Security

WASHINGTON, D.C. - An ad hoc Committee for the International Center for Settlement of Investment Disputes (ICSID) on April 17 granted a request by a Tanzanian electric supply company to stay the enforcement of a $148.4 million arbitral award pending the outcome of its application to annul the decision...

Mealey's Litigation Procedure - Federal Judge Grants Request To Amend Ruling Confirming $52M ICC Award

WASHINGTON, D.C. - A District of Columbia federal judge on April 13 granted a technology development company's request to amend a judgment that confirmed a $52,087,465.69 arbitral award issued in its favor and against the Hellenic Republic, adding the tribunal's award of costs and converting...

Mealey's Litigation Procedure - Judge Orders Response From Blue Cross To Tribe's ERISA Document Request

BAY CITY, Mich. - A Michigan federal judge on April 13 directed an Indian tribe's health care plan administrator to respond to the tribe's request to file four sealed summary judgment documents on the public record in the tribe's lawsuit alleging violations of the Employee Retirement Income...

Mealey's Litigation Procedure - Supreme Court Hears Oral Argument In American Pipe Tolling Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so...

Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No...

Mealey's Litigation Procedure - Damages Testimony Is Barred In Patent Infringement Suit Against IBM, Judge Says

WILMINGTON, Del. - An expert did not offer any developed damages theory relating to International Business Machines Corp.'s (IBM) use of its website, and there were "serious methodological and reliability problems" in his assumptions, a Delaware federal judge held April 17, excluding testimony...

Mealey's Litigation Procedure - Special Agent Is Excluded From Testifying On Drug Code, Federal Judge Says

ALBUQUERQUE, N.M. - In a criminal case, a Drug Enforcement Agency special agent may not provide expert opinion testimony regarding drug code generally because the agent was not properly designated as an expert witness, a New Mexico federal judge ruled April 17; however, the special agent may provide...

Mealey's Litigation Procedure - Magistrate Judge Denies Discovery Requests In Trade Secrets Lawsuit

CEDAR RAPIDS, Iowa - A fertilizer company's discovery requests in a subpoena of the owner of a competitor in a misappropriation of trade secrets lawsuit seek irrelevant information and create an undue burden on the owner, a federal magistrate judge in Iowa ruled April 17 in granting the owner's...

Mealey's Litigation Procedure - New York Federal Judge Unseals Order Certifying J.P. Morgan ERISA Class

NEW YORK - A New York federal judge on April 17 unsealed a two-week-old order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying he found evidence of a possible causal link between alleged breaches of fiduciary...

Mealey's Litigation Procedure - Company: Causation Lacking In Lawsuit Related To Cancer From Benzene Exposure

ASHEVILLE, N.C. - A company being sued by a North Carolina man who contends that he contracted cancer as a result of groundwater contamination for which the man says the company is liable on April 17 filed a brief in North Carolina federal court, arguing that the case should be dismissed because the...

Mealey's Litigation Procedure - Suit Over Legitimacy Of Online University Program Is Dismissed With Prejudice

WASHINGTON, D.C. - A District of Columbia federal judge on April 18 issued an opinion finding that a class complaint over the legitimacy of a university's online-only program belongs in federal, not state, court and then dismissed the complaint with prejudice, finding that it was time-barred (Brice...

Mealey's Litigation Procedure - Venezuela Requests Annulment Of $161M Award For Energy Product Supplier

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered a request filed by the Bolivarian Republic of Venezuela to annul a $161.6 million arbitral award issued in favor of investors in two Venezuelan entities (Tenaris S.A. and Talta - Trading e...

Mealey's Litigation Procedure - Waffle House Job Applicants Sue Over Background Reports

ORLANDO, Fla. - Waffle House Inc. and WH Capital LLC (together, Waffle House) and other companies violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, by obtaining and using information from background reports for job applicants without providing proper disclosures to the applicants before...

Mealey's Litigation Procedure - EEOC Sues Miami Beach Hotel For Firing Black Haitian Kitchen Workers

MIAMI - The Equal Employment Opportunity Commission filed suit on April 18 against the owners, operators and managers of SLS Hotel South Beach in Florida federal court on behalf of a class of black Haitian kitchen workers claiming that the defendants fired them because of their national origin, race...

Mealey's Litigation Procedure - Judge Allows Fingerprint Specialist Expert Testimony In Government's Criminal Case

ATLANTA - A fingerprint specialist may testify based on his qualifications and reliable method on the identification of a man charged with the violation of procuring naturalization and citizenship contrary to U.S. law, a Georgia federal judge held April 18 (United States of America v. Olu Kanni Sanyaolu...

Mealey's Litigation Procedure - Harman International To Pay More Than $28M To Settle Securities Class Action Suit

WASHINGTON, D.C. - Audio products and electronic systems manufacturer Harman International Industries Inc. will pay more than $28 million to settle claims that it and certain of its current and former executive officers concealed issues with the company's line of personal navigation devices (PND...

Mealey's Litigation Procedure - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided...

Mealey's Litigation Procedure - Hungary Seeks To Annul $24.6M Award For French Benefit Company

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 registered an application filed by Hungary to annul an arbitral award that was issued in favor of a French social benefit company (Edenred S.A. v. Hungary, No. ARB/13/21, ICSID).

Mealey's Litigation Procedure - Bose Sued For Collecting, Sharing User Data Via Wireless Headphone, Speaker App

CHICAGO - Bose Corp. was hit with a putative eavesdropping class complaint in Illinois federal court April 18, when a customer alleged that the stereo equipment manufacturer has been collecting and sharing, via a smartphone application, records of its customers' private music and audio selections...

Mealey's Litigation Procedure - Privacy Class Action Filed Over Medical App's Health Information Sharing

FORT LAUDERDALE, Fla. - A Utah woman filed a putative class complaint April 18 against the provider of a physician consultation smartphone app, telling a Florida federal court that the app shares users' sensitive medical information with a third-party firm, breaching the app maker's duty to keep...

Mealey's Litigation Procedure - Energy Supplier Seeks Assistance In Obtaining Discovery In Arbitration

NEW YORK - An English energy supplier on April 18 filed an ex parte application in a New York federal court, seeking assistance in obtaining certain evidence held by a bank for use in an international arbitration commenced by it in relation to a dispute over the alleged forced taking of power-generating...

Mealey's Litigation Procedure - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of...