LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - High Court Will Not Review Representational Standing Ruling In Pension Case

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to review a Second Circuit U.S. Court of Appeals ruling that a defined-benefit pension plan participant has representational standing to sue brokers who manage funds on behalf of the plan for breach of fiduciary duties under the Employee Retirement...

Mealey's Litigation Procedure - High Court Strikes Supplemental Brief In SLUSA Preemption Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 granted a communications networks hardware and software supplier's motion to strike shareholders' supplemental brief challenging a California Superior Court ruling that the shareholders in a securities class action are not preempted by the Securities...

Mealey's Litigation Procedure - U.S. Supreme Court Will Not Review Arbitrability Of Venue Issue

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by an Israeli entity that sought review of a district court's ruling confirming an arbitral award that was issued in favor of a U.S. development company in Atlanta and refused to review whether questions...

Mealey's Litigation Procedure - Rulings On Expert Affirmed In $550,000 Verdict Against Insurer For Hail Damage

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 4 upheld a jury award of more than $550,000 for a Georgia apartment complex on its breach of contract claim against an insurer for not paying enough to replace hail-damaged shingles, finding that the trial court did not err or abuse its discretion...

Mealey's Litigation Procedure - Incorrect Ruling On Expert Does Not Doom Conviction For Illegally Re-Entering U.S.

ATLANTA - A federal district court probably erred in admitting a fingerprint analyst's expert testimony in a woman's deportation case, but the error was harmless considering that there was plenty of other evidence to identify the woman, the 11th Circuit U.S. Court of Appeals held Jan. 5 in affirming...

Mealey's Litigation Procedure - Panel: Law Firm's Possession Of Privileged Memo Did Not Merit Disqualification

LOS ANGELES - Although a defendant's law firm did not comply with its ethical duty to notify the plaintiff upon its receipt of privileged materials, a California appeals panel on Jan. 4 found that a trial court referee did not err in declining to disqualify the firm because the plaintiff was not...

Mealey's Litigation Procedure - Judge Allows UCL, CLRA Class Claims Against Dive Equipment Maker To Proceed

SAN DIEGO - A California federal judge on Jan. 8 found that purchasers of allegedly defective dive computers sufficiently alleged facts to allow their claims for violation of California's unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) to survive dismissal, but granted the maker...

Mealey's Litigation Procedure - 2nd Circuit Will Not Reconsider Ruling In Dark Pool Securities Class Appeal

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 5 said it will not reconsider its Nov. 6 ruling that a federal judge did not err in granting a motion for class certification filed by shareholders in a securities class action lawsuit even though the judge erred in applying the U.S. Supreme...

Mealey's Litigation Procedure - Agency's Records Shielded By Deliberative Process Privilege, Panel Rules

SACRAMENTO, Calif. - A state labor agency's records related to the drafting of legislation, including the identities of individuals consulted during drafting, are protected from disclosure under the California Public Records Act (PRA), a California appeals panel ruled Jan. 8, deeming such information...

Mealey's Litigation Procedure - ICC Awards Singapore Oil Exploration Company $1.95M

SINGAPORE - A Singapore exploration and production oil company on Jan. 9 announced that an international tribunal has awarded it a total of $1.95 million in an arbitration for unpaid services.

Mealey's Litigation Procedure - Judge Compels UCL, Fraud Claim Against Pharma Company To Arbitration In Hong Kong

SAN DIEGO - After finding that a California natural plant company's claims for violation of California's unfair competition law (UCL) and fraud against a group of companies and their officer in relation to a distribution agreement arose directly under an underlying contract, a California federal...

Mealey's Litigation Procedure - 6th Circuit Won't Review Certification In Nurses' Missed Breaks Wage Suit

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 8 denied an employer's petition for permission to appeal a district court's certification of a class of nurses in a collective action filed under the Fair Labor Standards Act (FLSA) seeking wages for missed breaks (In re: Marietta...

Mealey's Litigation Procedure - Judge Dismisses Some Claims In ERISA Class Action Against Vanderbilt University

NASHVILLE, Tenn. - A Tennessee federal judge on Jan. 5 granted in part and denied in part Vanderbilt University's motion to dismiss a putative class action lawsuit accusing it of mismanaging its employee retirement plans in violation of the Employee Retirement Income Security Act (Loren L. Cassell...

Mealey's Litigation Procedure - New York Federal Judge Dismisses Class Claims Over PBM's Pricing, Allows Amendment

NEW YORK - A New York federal judge on Jan. 5 dismissed Employee Retirement Income Security Act and Racketeer Influenced and Corrupt Organizations Act class claims against the largest pharmacy benefits manager (PBM) and a health insurance provider over prescription pricing, but gave the plaintiffs 21...

Mealey's Litigation Procedure - UnitedHealth, Insureds Battle Over Lactation Coverage Requirements In ACA

SAN FRANCISCO - Insureds create standards for lactation support services the Patient Protection and Affordable Care Act (ACA) does not impose in an attempt to save their suit, an insurance group told a California federal judge on Jan. 5 in support of its motion for summary judgment (Rachel Condry, et...

Mealey's Litigation Procedure - Consolidated Equifax Suit To Have Separate Consumer, Financial Institution Tracks

ATLANTA - A month after almost 100 lawsuits over the recently announced Equifax Inc. data breach were consolidated, the presiding Georgia federal judge, in a Jan. 9 case management order, announced that the case would proceed with separate, concurrent tracks for individual consumer and financial institution...

Mealey's Litigation Procedure - Panel Affirms Dismissal Of Suit Alleging Fiduciaries Did Not Protect ESOP From Harm

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 8 affirmed a lower federal court's dismissal of a putative class action alleging that the fiduciaries of a publically traded company's stock ownership plan breached their duties by failing to protect the plan from harm caused by the...

Mealey's Litigation Procedure - Split 5th Circuit: 2 Suits Over Radioactive Material May Be Removed As Mass Action

NEW ORLEANS - Two personal injury lawsuits related to naturally occurring radioactive material (NORM), one of which was filed before the effective date of the Class Action Fairness Act (CAFA), may be removed to a federal court under CAFA as a mass action after the plaintiffs sought to consolidate the...

Mealey's Litigation Procedure - Lightning Strike Opinions Reliable, 11th Circuit Says In Faulty Pipe Case

ATLANTA - A metallurgy and engineering expert in a dispute over whether lightning striking a faulty gas line caused a fire that destroyed a home is abundantly qualified and his opinions are reliable and helpful, the 11th Circuit U.S. Court of Appeals held Jan. 10 in affirming a $1.4 million jury award...

Mealey's Litigation Procedure - Class Of Eddie Bauer Employees Certified In Bag Check Suit

SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege...

Mealey's Litigation Procedure - N.J. Federal Judge Tosses Sherman Act Class Suit Over Range Rover Overseas Resales

NEWARK, N.J. - A Range Rover owner who alleged that the car marker's contract for buyers barring them from reselling their vehicles overseas violates the Sherman Act and numerous state antitrust and consumer protection laws may not proceed with his class claims because he failed to allege actions...

Mealey's Litigation Procedure - No Stay In Wages Class Suit While California High Court Considers Questions

SACRAMENTO, Calif. - A California federal judge on Jan. 10 denied a motion to stay a certified class action seeking wages for time spent going through bag checks and unreimbursed business expenses pending decisions by the California Supreme Court in two cases concerning wages, finding "a fair possibility"...

Mealey's Litigation Procedure - Microsoft To Supreme Court: SCA Does Not Permit Seizure Of Foreign-Stored Emails

WASHINGTON, D.C. - In a Jan. 11 respondent brief, Microsoft Corp. asks the U.S. Supreme Court to affirm the Second Circuit U.S. Court of Appeals' finding that the Stored Communications Act (SCA) does not permit the government to seize, via warrant, emails that are stored abroad, arguing that altering...

Mealey's Litigation Procedure - New York Federal Judge Confirms $3M ICDR Arbitration Award For GE

NEW YORK - A New York federal judge on Jan. 12 granted a petition filed by General Electric Co. to confirm a $3,051,817.22 arbitral award issued against Japanese entities in relation to their failure to defend and indemnify GE pursuant to the terms of a manufacturing contract for appliances (General...

Mealey's Litigation Procedure - Florida Federal Magistrate Denies Motion To Strike Class, Subclass In TCPA Suit

ORLANDO, Fla. - A Florida federal magistrate judge on Jan. 11 denied a motion by Cigna Corp. to strike a proposed class and subclass in a lawsuit accusing the company of violating the Telephone Consumer Protection Act (TCPA) by placing automated calls to individuals who did not give their consent and...