LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Fired Employee May Conduct Discovery Into Confidential Data Breach Suit Documents

PHOENIX - Granting a joint discovery resolution motion filed by the parties in a wrongful termination suit, an Arizona federal magistrate judge on Feb. 14 found that an employee who was purportedly terminated for whistleblowing related to data breaches experienced by his former employer was entitled...

Mealey's Litigation Procedure - Financial Institutions Defend Attorney Fees Award In Home Depot Data Breach Suit

ATLANTA - In a Feb. 16 brief to the 11th Circuit U.S. Court of Appeals, a group of financial institutions (FIs) that achieved a successful settlement of their claims related to the 2014 Home Depot Inc. data breach oppose the home improvement chain's appeal of a subsequent $15.3 million attorney fees...

Mealey's Litigation Procedure - PCA Holds Merits Hearing In Arbitration Over Russian Banking Operations

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Feb. 19 said it has completed a hearing on the merits of an arbitration commenced by two financial institutions against the Russian Federation pursuant to the United Nations Commission on International Trade Law (UNCITRAL) (PJSC CB...

Mealey's Litigation Procedure - Supreme Court Vacates, Remands Jurisdiction Issue In Oklahoma Asbestos Case

WASHINGTON, D.C. - The Supreme Court on Feb. 20 vacated a ruling finding jurisdiction in Oklahoma over a Texas-based asbestos defendant and the resulting $6 million verdict and remanded the case for further consideration in light of recent precedent on the issue. In its petition, the drywall materials...

Mealey's Litigation Procedure - U.S. High Court Reverses 6th Circuit Ruling On Retirees' Lifetime Benefits

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 issued a per curiam decision in an appeal over retiree's health care benefits and reversed a ruling by a Sixth Circuit U.S. Court of Appeals panel majority for the retirees, referencing a dissenting opinion that called the decision "Yard-Man...

Mealey's Litigation Procedure - Supreme Court Won't Hear Foot Locker Pension Plan Charges Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by Foot Locker Inc. asking the high court to decide whether a class of pension plan participants could be certified in a case alleging violations of the Employee Retirement Income Security Act when Foot...

Mealey's Litigation Procedure - Allergan Reports It Settled TNS Cosmeceuticals Case Ahead Of Class Motion

SANTA ANA, Calif. - Allergan plc and subsidiary SkinMedica on Feb. 16 said they settled a purported class action lawsuit alleging that certain "cosmeceuticals" contain undeclared and unapproved human growth factors (Josette Ruhnke, et al. v. SkinMedica, Inc., et al., No. 14-420, C.D. Calif...

Mealey's Litigation Procedure - Uber Driver Class Certified In Suit Over 'Upfront Pricing'

SAN FRANCISCO - A California federal judge in an order filed Feb. 16 certified a class of drivers suing Uber Technologies Inc. and its subsidiary Rasier LLC (collectively, Uber) for changing the pricing policy in 2016 and keeping a larger percentage of each fare, allegedly violating its agreement with...

Mealey's Litigation Procedure - Ukraine Claims Russia Violated Maritime Rights In New PCA Arbitration

KYIV, Ukraine - The Foreign Ministry of Ukraine on Feb. 19 announced that it has commenced arbitration against the Russian Federation with the Permanent Court of Arbitration (PCA), alleging that it has violated its maritime rights.

Mealey's Litigation Procedure - Interlocutory Appeal Denied In Stolen Data Suit Against Intuit

SAN JOSE, Calif. - Plaintiffs alleging negligence by Intuit Inc. related to incidents of fraudulent tax return filings were denied the opportunity to pursue an interlocutory appeal of an order compelling arbitration on Feb. 16, when a California federal judge concluded that an appeal would not serve...

Mealey's Litigation Procedure - Judge Finds Majority Of Claims Against Composite Deck Maker Are Untimely

BOSTON - A federal judge in Massachusetts on Feb. 15 dismissed breach of implied warranty claims brought by three of four leading plaintiffs in a class action suit over allegedly faulty composite decking that prematurely swells and cracks, finding that the claims were untimely because they accrued at...

Mealey's Litigation Procedure - AT&T, Time Warner Denied Discovery Of DOJ Privilege Logs In Antitrust Suit

WASHINGTON, D.C. - AT&T Inc. and Time Warner Inc. were denied discovery of certain privilege logs listing governmental communications over their proposed merger from the U.S. Department of Justice (DOJ) on Feb. 20, when a District of Columbia federal judge found that the companies failed to establish...

Mealey's Litigation Procedure - Consumer Sufficiently Alleges Direct Fraud Against Tax Prep Franchisor, Subsidiary

LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct...

Mealey's Litigation Procedure - Casino Will Issue Settlement Checks To End Fan Club Members' Excessive Fees Claims

MIAMI - A Florida federal judge on Feb. 20 granted final approval to a settlement by a Florida casino to issue $15 or $30 settlement checks to fan club members to end a class complaint alleging that the casino charged excessive fees to those members who placed a winning buy bet in certain machines while...

Mealey's Litigation Procedure - Judge Finds Carwash Charges Were Deceptive, Refuses To Dismiss UCL Class Claims

SANTA ANA, Calif. - A California federal judge on Feb. 20 refused to dismiss a carwash customer's class action claims for violations of California's unfair competition law (UCL) and other California laws, finding that a carwash owner's failure to disclose that its customers who declined to...

Mealey's Litigation Procedure - Unfair Competition Claim Over Google AdWords Program Again Dismissed

SAN JOSE, Calif. - A small business owner who sued Google LLC over alleged misrepresentations about click fraud in its AdWords program, saw his claims of false advertising and unfair competition dismissed a second time Feb. 20, with a California federal judge finding that the plaintiff failed to plead...

Mealey's Litigation Procedure - Harvey Weinstein, Other Defendants Seek Dismissal Of RICO Class Complaint

NEW YORK - Harvey Weinstein and the other defendants in a New York federal lawsuit alleging that Weinstein flashed, fondled, assaulted and raped multiple women filed separate motions on Feb. 20 seeking dismissal of the class complaint alleging violations of the Racketeer Influenced and Corrupt Organizations...

Mealey's Litigation Procedure - 9th Circuit: Plaintiff Lacks Standing In FCRA Suit Where There Is No Injury

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on Feb. 21 cited Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), and joined the Second and Seventh circuits in ruling that a plaintiff alleging violations of the Fair Credit Reporting Act (FCRA) without alleging a concrete injury lacks standing to...

Mealey's Litigation Procedure - ConocoPhillips, Venezuelan Entities Dispute Effect Of DUFTA Ruling In Crystallex

WILMINGTON, Del. - Various ConocoPhillips entities and the national oil company of Venezuela on Feb. 20 filed a joint letter in Delaware federal court, submitting arguments over whether a recent appellate court ruling should result in the dismissal of the oil company's claims that the Venezuelan...

Mealey's Litigation Procedure - Class Certification Motion In Racial Bias Suit Over City Sewers Is Deemed Premature

YOUNGSTOWN, Ohio - An Ohio federal judge on Feb. 20 denied a plaintiff's class certification motion in a lawsuit accusing an Ohio city of providing functioning sewer lines in a racially discriminatory manner, ruling that the motion was premature (Venicee Howell v. The City of Youngstown, Ohio, et...

Mealey's Litigation Procedure - Louisiana Town Defendants Granted Judgment On Pleadings In Flooding Class Suit

BATON ROUGE, La. - A Louisiana federal judge on April 20 granted a motion for judgment on the pleadings filed by a Louisiana town and its officials in a class complaint by residents alleging improper responses to a 2016 flood but ruled that the plaintiffs may have one chance to amend their complaint...

Mealey's Litigation Procedure - Kentucky Federal Judge Bars Opinions For Conflicting With Federal Regulations

LEXINGTON, Ky. - A medical expert cannot testify for an ambulance company accused of Medicare fraud because his opinions contradict federal Medicare regulations and are impermissible legal conclusions, a Kentucky federal judge decided April 20 (United States of America v. Arrow-Med Ambulance, Inc., et...

Mealey's Litigation Procedure - CPA's Brief Report On Lost Wages Stricken From Suit Against Home Depot

LAFAYETTE, La. - An accounting expert cannot testify for a woman who was injured while shopping at a Home Depot store due to the lack of reliability in his opinions, so the retailer is entitled to summary judgment on two of her lost earnings claims, a Louisiana federal judge determined April 23 (Alicia...

Mealey's Litigation Procedure - ICSID Denies Chile's Request To Lift Stay Requiring Payment Of Costs

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 24 released an award in which a committee rejected a request by the Republic of Chile that a stay of enforcement of an award be lifted, requiring the former owner of a newspaper seized by the Chilean military...

Mealey's Litigation Procedure - Google Says Standing, Injury Lacking In Suits Over Illinois Biometric Law

CHICAGO - The plaintiffs in two putative class actions alleging violation of Illinois' Biometric Information Privacy Act (BIPA) lack standing under Article III of the U.S. Constitution, Google LLC says in an April 23 summary judgment motion in Illinois federal court, arguing that the plaintiffs have...