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Mealey's Litigation Procedure - Swift Transportation Workers' Wage Class Suit Is Sent Back To State Court

RIVERSIDE, Calif. - A California federal judge on Dec. 7 granted a motion to remand a wage-and-hour class complaint by yard hostlers, finding that the federal court does not have subject matter jurisdiction over the claims because the amount in controversy, minus an estimate on the damages statement...

Mealey's Litigation Procedure - 4 Class Representatives Object To J.P. Morgan ERISA $75M Settlement

NEW YORK - Four class representatives in a New York federal lawsuit accusing J.P. Morgan Chase & Co. (JPMC) of violating the Employee Retirement Income Security Act by mismanaging retirement savings funds filed an objection on Dec. 7 to a proposed $75 million cash settlement reached between eight...

Mealey's Litigation Procedure - Supreme Court Will Review Application Of American Pipe Tolling Doctrine In Securities Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 8 announced that it will determine whether the Ninth Circuit U.S. Court of Appeals properly ruled that American Pipe & Construction Co. v. Utah tolls the statute of limitations to permit a previously absent class member to bring a subsequent class...

Mealey's Litigation Procedure - Supreme Court Grants Government's Petition To Stay DACA Discovery Orders

WASHINGTON, D.C. - A U.S. Supreme Court majority on Dec. 8 granted a petition for mandamus by the U.S. government, staying a trial court's discovery order requiring completion of the record in a lawsuit by parties opposing the repeal of the Deferred Action for Childhood Arrivals (DACA) program, with...

Mealey's Litigation Procedure - 7th Circuit Upholds Gift Card Fees Settlement Giving Attorneys More Than Class

CHICAGO - Noting that a settlement in a class suit over gift card fees that provided the attorneys with more compensation than the class members was not perfect, a Seventh Circuit U.S. Court of Appeals panel on Dec. 7 affirmed it nonetheless, ruling that the district court chose the better option (Saul...

Mealey's Litigation Procedure - On Remand, Judge Permits Expert Opinions For Man Challenging Police Citations

BUTTE, Mont. - After the Ninth Circuit U.S. Court of Appeals' removal of a Montana federal judge for committing several errors, including excluding expert testimony without a sound basis, a different judge held on remand Dec. 11 that the opinions of the challenged expert for an environmentalist who...

Mealey's Litigation Procedure - Judge: Failure To Follow Remedies Procedures Dooms ERISA Health Insurance Suit

NEW YORK - A federal judge on Dec. 8 entered judgment for a health insurer in an Employee Retirement Income Security Act case, finding that denials issued during the precertification process did not render any further attempts at administrative remedies futile where the plan specifically required an...

Mealey's Litigation Procedure - 9th Circuit: Wage Class Should Be Certified, Notice Of Violation Was Given

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 7 reversed the denial of class certification in a wage-and-hour complaint, finding that the pleadings provided sufficient notice to the employer of violations of California Labor Code Section 226(a) violations, whether direct or derivative...

Mealey's Litigation Procedure - Class Certification, Summary Judgment Motions Filed In Facebook Biometric Suit

SAN FRANCISCO - On Dec. 8, the same day that a group of plaintiffs moved for class certification in their claims under Illinois' Biometric Information Privacy Act (BIPA) against Facebook Inc., the social network moved for summary judgment, telling a California federal court that applying the Illinois...

Mealey's Litigation Procedure - Judge Orders Insurer To Produce Documents On Reinsurance, Mediation

PITTSBURGH - A Pennsylvania federal judge on Dec. 7 granted and denied in part an insured's request to compel an insurer to produce redacted documents pertaining to mediation in an underlying case, as well as reinsurance information (Golon Inc. v. Selective Insurance Company of the Southeast, et...

Mealey's Litigation Procedure - Judge Gives Group Limited Access To EPA Documents About PCB Contamination

WASHINGTON, D.C. - A nonprofit group on Dec. 11 was given full access to four U.S. Environmental Protection Agency documents and limited information in two agency documents regarding suspected polychlorinated biphenyl (PCB) contamination at the Santa Monica Malibu Unified School District (SMMUSD) by...

Mealey's Litigation Procedure - Adult Film Firm May Subpoena ISP For File Sharer's Identity

SAN DIEGO - An adult entertainment firm has sufficiently established a prima facie copyright infringement case against a John Doe online file sharer, a California federal magistrate ruled Dec. 7, granting the plaintiff's motion to conduct expedited discovery on the Doe's internet service provider...

Mealey's Litigation Procedure - Investor Group Named Lead Plaintiff In Drug Company's Stock Drop Suit

SAN FRANCISCO - An investor group is the most appropriate candidate for lead plaintiff because it has the largest financial stake in the litigation and meets all other statutory requirements to serve in the role, a federal judge in California ruled Dec. 8 in appointing the investor group as lead plaintiff...

Mealey's Litigation Procedure - Parties In Uber Trade Secrets Suit Won't Stipulate To Special Master Findings

SAN FRANCISCO - Parties in a trade secrets lawsuit alleging that a former employee of autonomous car development company Waymo LLC stole the company's trade secret information and provided it to his new employer, Uber Technologies Inc., on Dec. 7 refused to agree to stipulate to the findings of a...

Mealey's Litigation Procedure - Blood Spatter, Criminal Law Experts Can Testify In Excessive Force Suit

TAMPA, Fla. - A Florida federal judge on Dec. 12 allowed a blood spatter expert and a criminal law expert to testify for a couple in their excessive-use-of-force action against several police officers, though she did place limits on both experts' opinions (Michael Bratt, et al. v. Louis Genovese...

Mealey's Litigation Procedure - Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit

MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it...

Mealey's Litigation Procedure - Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris

LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016...

Mealey's Litigation Procedure - Split Ohio Appeals Panel: Wage Class May Proceed With Members Who Agreed To Arbitrate

WARREN, Ohio - A divided Ohio appeals court panel on Dec. 11 upheld certification of a class of sales people suing the employer for "pulling" earned commissions, finding that the fact that the class definition encompasses some employees who signed an arbitration agreement not signed by the...

Mealey's Litigation Procedure - Class Certification, But No Tolling In Sephora Workers' Wage Suit

SAN FRANCISCO - A California federal judge on Dec. 8 granted a motion for conditional certification of a Fair Labor Standards Act (FLSA) claim brought by current and former employees of Sephora USA Inc. but denied the plaintiffs' request for equitable tolling (Lacey Hernandez, et al. v. Sephora USA...

Mealey's Litigation Procedure - Judge Orders Parties To Provide Additional Information On UCL, Fraud Damages

SAN FRANCISCO - A California federal judge on Dec. 12 refused to remand a consumer's claims for violation of California's unfair competition law (UCL) and fraud against a rental car service until the parties can conduct additional discovery on whether the case meets the federal amount-in-controversy...

Mealey's Litigation Procedure - Assistant Managers Conditionally Certified In Applebee's Franchise Wage Suit

CHICAGO - An Illinois federal judge on Dec. 8 partially granted conditional certification in a class complaint brought by a restaurant franchise assistant manager (AM) who alleges that she and others were misclassified as exempt under the Fair Labor Standards Act (FLSA) and Illinois wage laws but granted...

Mealey's Litigation Procedure - 9th Circuit Upholds Arbitration Ruling In AT&T Data Class Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 11 upheld a ruling compelling arbitration in a class complaint brought by wireless customers who allege that AT&T Mobility LLC purposely slows data for "unlimited" customers, finding that there is no state action in the...

Mealey's Litigation Procedure - U.S. Veterans Seek Class Status In Suit Over 1966 Plutonium Dust Cleanup

WASHINGTON, D.C. - U.S. veterans who were present at the 1966 cleanup of plutonium dust in Palomares, Spain, moved Dec. 11 in the U.S. Court of Appeals for Veterans Claims for class certification in a lawsuit alleging that they were improperly denied service-connected disability compensation based on...

Mealey's Litigation Procedure - PCA To Issue Award, Asks Russia And Investors Questions On Quantum

THE HAGUE, Netherlands - In preparation for the issuance of a final award in a treaty dispute over real estate investments in Crimea, the Permanent Court of Arbitration (PCA) on Dec. 13 announced that it has posed certain questions to the investors and the Russian Federation in relation to responsibility...

Mealey's Litigation Procedure - Judge Partially Compels Cruise Line Worker's Claims To Arbitration

MIAMI - A Florida federal judge on Dec. 12 found that a cruise line worker's negligence claims against her employer must be arbitrated in the Bahamas pursuant to the terms of her employment agreement, but remanded claims against another cruise line and her coworker to a state court, because they...