LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Attorney Fees Denied For Objector In Southwest Voucher Suit

CHICAGO - An Illinois federal judge on Nov. 13 denied a motion for attorney fees filed by a class member who filed an objection following a settlement in a lawsuit against Southwest Airlines Co. after it stopped honoring drink vouchers, ruling that any order would undo the settlement that has already...

Mealey's Litigation Procedure - Federal Judge Vacates Confirmation Of $146M ICSID Award Against Spain

NEW YORK - After recent appeals court rulings in which panels reversed district court judgments granting ex parte petitions for failure to comply with the Foreign Sovereign Immunities Act of 1976 (FSIA), a New York federal judge on Nov. 13 reversed his previous ruling confirming a $146,079,996 award...

Mealey's Litigation Procedure - Judge Finds Lack Of Jurisdiction To Consider If SIAC's Order Was Enforceable

WASHINGTON, D.C. - A Japanese electronics company on Nov. 13 filed a notice of appeal to the District of Columbia Circuit U.S. Court of Appeals of a judge's finding that a Chinese manufacturer of televisions lacked sufficient contacts to the District of Columbia to maintain a federal lawsuit there...

Mealey's Litigation Procedure - Class Suit Over Labeling, Source Of Latex For Condoms Survives Dismissal Bid

SAN DIEGO - A plaintiff's failure to allege exactly what percentage of latex used in Trojan brand condoms is sourced outside the United States does not doom his class complaint alleging that the packaging stating the items are "Made in U.S.A." violates California law, a California federal...

Mealey's Litigation Procedure - Objections To Insurer's Discovery Requests Overruled In Dispute Over Employee Theft

PHILADELPHIA - A Pennsylvania federal magistrate on Nov. 14 granted an insurer's motion to overrule objections to its request for the production of documents in a coverage dispute arising from the alleged theft of an insured's employee stock ownership plan assets by a former employee (Barbie...

Mealey's Litigation Procedure - Judge: Investors Pleaded Scienter In Making Federal Securities Law Claims

NEW YORK - Shareholders in a securities class action lawsuit against car maker Fiat Chrysler Automobiles N.V. (Chrysler), certain of its executive officers and others have properly pleaded scienter and falsity in making their federal securities law claims by showing that the defendants concealed certain...

Mealey's Litigation Procedure - Monsanto: Glyphosate Cancer Evidence Is 'Unreliable,' Constitutes 'Junk Science'

SAN FRANCISCO - Monsanto Co. on Nov. 10 filed a brief in the multidistrict litigation for the herbicide Roundup in California federal court, arguing that the evidence offered by the plaintiffs' expert concerning the carcinogenic properties of Roundup's active ingredient glyphosate is "unreliable"...

Mealey's Litigation Procedure - Class Suit Seeks Damages From Weinstein Co., Harvey Weinstein For Harassment

LOS ANGELES - A class complaint filed Nov. 15 in a California federal court by a plaintiff referred to only as Jane Doe 1 seeks damages from The Weinstein Company Holdings LLC (TWC), Miramax LLC, Harvey Weinstein and unnamed John Does for Harvey Weinstein's alleged widespread sexual harassment and...

Mealey's Litigation Procedure - IT Specialist Can Opine On Falsity Of Investor Statements, Judge Says

SHERMAN, Texas - An information technology specialist can testify about whether statements made to investors by the CEO of a computer server development company were false, but cannot opine on whether the statements were misleading, a Texas federal judge ruled Nov. 14 (Securities and Exchange Commission...

Mealey's Litigation Procedure - Architectural Expert's Testimony Restricted In Home Design Copyright Case

TOLEDO, Ohio - An architectural expert in a home design copyright infringement action cannot opine that a company's designs do not merit copyright protection because the opinion is an impermissible legal conclusion, though the expert can testify about the similarities and differences between the...

Mealey's Litigation Procedure - Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint...

Mealey's Litigation Procedure - Montana High Court Finds Bankruptcy Stay Tolled Asbestos Suits Against Railway

HELENA, Mont. - W.R. Grace's bankruptcy order enjoining new litigation tolled the Federal Employer's Liability Act (FELA) three-year statute of limitations for suing an associated railroad that allegedly exposed a worker to asbestos-contaminated vermiculite, the Montana Supreme Court held Nov...

Mealey's Litigation Procedure - Expedited Discovery Request Overly Broad, Magistrate Judge Rules

WICHITA, Kan. - A plaintiff in a misappropriation of trade secrets lawsuit against its former employee and direct competitor has failed to show that expedited discovery is warranted in the action under Kansas' reasonableness or good cause test because, among other things, the plaintiff's discovery...

Mealey's Litigation Procedure - Federal Judge Confirms $2.1M ICC Award For Bulgarian Machine Company

OAKLAND, Calif. - A California federal judge on Nov. 14 granted a Bulgarian machine-building company's petition to confirm a $2,119,167.79 international arbitral award issued against a California company, finding that enforcement of the award was not against public policy (TMCO Ltd. v. Green Light...

Mealey's Litigation Procedure - Employer's Collection Of Biometric Data Violates Illinois Law, Class Suit Claims

CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management...

Mealey's Litigation Procedure - Frontera Says It Will Soon Receive Full Payment Of $2.02M Arbitration Award

HOUSTON - A Texas oil and gas exploration and production company on Nov. 17 said that enforcement proceedings to confirm a $2,026,126.32 international arbitral award have been completed and that it will receive payment of the total award.

Mealey's Litigation Procedure - 9th Circuit: Workweek Average To Reach Pay Rate Doesn't Violate FLSA

SEATTLE - An employer's use of a workweek average to arrive at the appropriate pay rate for employees doesn't violate the Fair Labor Standards Act (FLSA) as it provides employees with wages that meet the minimum wage, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 15, noting that whether...

Mealey's Litigation Procedure - 4th Circuit Affirms Dismissal Of Securities Suit For Failure To Plead Scienter

RICHMOND, Va. - Shareholders in a securities class action lawsuit against an energy provider and its CEO have failed to show that the CEO acted with the requisite scienter in misrepresenting to investors that the company had secured a contract renewal with a large customer because they have not shown...

Mealey's Litigation Procedure - Facebook Tracking Cookie Class Action Dismissed For 3rd Time

SAN JOSE, Calif. - A group of Facebook Inc. users saw their putative class claims against the social network operator dismissed for a third time Nov. 17, with a California federal judge finding that the plaintiffs still failed to establish that Facebook breached a contractual duty when it purportedly...

Mealey's Litigation Procedure - Court Finds UCL, Labor Code Claims Are Not Subject To Arbitration

SAN FRANCISCO - A California appeals court on Nov. 15 found that an employee's claims for violation of the California Labor Code and California's unfair competition law (UCL) were excluded from a mandatory arbitration provision, affirming a court's decision refusing to compel arbitration...

Mealey's Litigation Procedure - $11.2 Million Ashley Madison Data Breach Suit Settlement Granted Final Approval

ST. LOUIS - Following a Nov. 20 fairness hearing, a Missouri federal judge issued an order that same day granting final approval to an $11.2 million settlement between the operators of the Ashley Madison website and users of the site whose personally identifiable information (PII) was exposed in a 2015...

Mealey's Litigation Procedure - Companies: Fracking Plaintiffs 'Take Liberty With The Facts' In Disposal Lawsuit

LITTLE ROCK, Ark. - Hydraulic fracturing companies on Nov. 16 filed a brief in Arkansas federal court contending that residents who have sued them alleging property damage as a result of the companies' disposal of fracking waste "consistently take liberty with the facts to add more baseless...

Mealey's Litigation Procedure - Amended Class Complaint Filed Over Fraudulent TurboTax Filings

SAN JOSE, Calif. - In the wake of orders partly dismissing their claims and compelling arbitration of some parties' claims, the plaintiffs in a putative class action against Intuit Inc. filed an amended complaint in California federal court Nov. 17, restating negligence and unfair competition claims...

Mealey's Litigation Procedure - Judge Asks Government To Explain Objection To Email Keyword Search Order

MONTGOMERY, Ala. - Responding to the U.S. government's objection to a court-imposed requirement that keyword searches be utilized in searching email accounts targeted by warrants, an Alabama federal judge on Nov. 17 directed the government to submit a brief explaining the search framework it would...

Mealey's Litigation Procedure - Judge Resolves Motions To Exclude Testimony, Evidence In Reinsurer, Insurer Dispute

UTICA, N.Y. - In a dispute over a $325 million settlement of asbestos claims, a New York federal judge on Nov. 16 addressed a number of motions filed by an insurer and a reinsurer to preclude expert testimony and certain arguments from trial (Utica Mutual Insurance Co. v. Fireman's Fund Insurance...