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Mealey's Litigation Procedure - Georgia Appeals Court Upholds Exclusion Of Injury Causation Testimony

ATLANTA - A woman cannot pursue negligence claims against a midwife alleging that she injured the woman's baby during labor and delivery because the mother failed to present admissible expert testimony on medical causation, a Georgia appeals court found Sept. 7 in affirming summary judgment for the...

Mealey's Litigation Procedure - Judge Finds Fault With Life-Care Planner's Methods In Injured Hunter's Suit

EAST ST. LOUIS, Ill. - An Illinois federal judge on Sept. 5 disallowed testimony by a life-care-planning expert for a man injured in a deer-hunting accident after finding that the expert's opinions are not reliable or based on proper methodology; the judge then excluded testimony by the injured man's...

Mealey's Litigation Procedure - Class Actions Proliferate Following Equifax Data Breach Announcement

NEWARK, N.J. - With the Sept. 10 filing of a complaint in the U.S. District Court for the District of New Jersey, at least 20 federal putative class actions have been filed against Equifax Inc. following the credit-reporting firm's Sept. 7 announcement of a data breach compromising the personally...

Mealey's Litigation Procedure - New Jersey Wage Claims Survive Wells Fargo's Motion To Strike Class Allegations

NEWARK, N.J. - A New Jersey federal judge on Sept. 6 denied a motion by Wells Fargo & Co. and Wells Fargo Bank N.A. (collectively, Wells Fargo) to strike class allegations filed by two former hourly employees alleging that they had to work outside of normal work hours to meet mandated quotas and...

Mealey's Litigation Procedure - N.Y. Federal Judge Approves $14.5M American Eagle TCPA Settlement, Trims Fees

NEW YORK - A New York federal judge on Sept. 11 granted final approval of a $14.5 million settlement to be paid by American Eagle Outfitters Inc. and AEO Management Co. (collectively, AEO) to end claims that it violated the Telephone Consumer Protection Act (TCPA) by sending unwanted text messages; however...

Mealey's Litigation Procedure - Federal Judge Denies Dismissal Of Temp Guest Workers' Prevailing Wage Class Suit

BALTIMORE - Workers employed by a landscaping company under the H-2B visa program may proceed with class claims that they were improperly denied wages, paid at a rate less than that mandated by the U.S. Department of Labor (DOL) and denied reimbursement of certain expenses, a Maryland federal judge ruled...

Mealey's Litigation Procedure - Paramount To Settle Parking Production Assistants' Class Wage Claims For $700,000

NEW YORK - Parking production assistants (PPAs) employed by Paramount Pictures Corp. filed a motion on Sept. 8 in the U.S. District Court for the Southern District of New York seeking final approval of a $700,000 settlement to be paid by Paramount to end claims that the PPAs were denied overtime pay...

Mealey's Litigation Procedure - Usury Class Suit Over Loans With 36 Percent Interest Is Stayed Pending Arbitration

RICHMOND, Va. - A Virginia federal judge on Sept. 12 stayed a usury class complaint against a joint enterprise that issues short-term loans pursuant to an arbitration clause agreed to by borrowers and dismissed a debt-collection agency from the suit, finding that the plaintiffs failed to show sufficient...

Mealey's Litigation Procedure - Human Resources Expert Stricken For Lack Of Reliability, Relevance

SEATTLE - A human resources expert for tree-trimming business Asplundh Tree Experts Co. in a former worker's sexual harassment suit cannot testify at trial because his opinions are unreliable and irrelevant and do not offer any expertise to assist a jury, a Washington federal judge held Sept. 12...

Mealey's Litigation Procedure - Class Suit Over Lost Medical Records Is Sent Back To State Court

MONTGOMERY, Ala. - Defendants who removed a class complaint over lost medical records failed to show that the Class Action Fairness Act's (CAFA) amount in controversy requirement is satisfied, an Alabama federal judge ruled Sept. 12, sending the suit back to state court (Dawn Cobb Carrigan, et al...

Mealey's Litigation Procedure - Black & Decker Loses Out On $54M Trademark Verdict Due To Expert's Flawed Survey

CHICAGO - Two companies got a $54 million trademark infringement verdict against them tossed Sept. 11 when an Illinois federal judge granted them a new trial based on the unreliability and irrelevance of expert testimony regarding the likelihood of consumer confusion about the products at issue, which...

Mealey's Litigation Procedure - Certification Revoked For Disabled Class That Wants To Move Out Of Nursing Homes

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 13 rescinded certification of a class of people who allege that they have been denied effective transition services by the District of Columbia, resulting in them being stuck in nursing facilities in violation of the integration mandate...

Mealey's Litigation Procedure - Kentucky Appellate Panel Vacates Class Certification In Contract Breach Suit

STANTON, Ky. - A Kentucky Court of Appeals panel on Sept. 15 vacated certification of a class of customers suing United Propane Gas Inc. for breach of contract and other violations, finding the trial court's certification was deficient under Kentucky Rules of Civil Procedure 23.01, 23.02 and 23.03...

Mealey's Litigation Procedure - Company Awarded Judgment After Expert For Insurer Seeking Subrogation Excluded

GREENBELT, Md. - A Maryland federal judge on Sept. 15 awarded summary judgment to a utility contractor on an insurance company's claim that the contractor's negligence caused a house fire, after excluding the insurer's expert from testifying about the standard of care for the work at issue...

Mealey's Litigation Procedure - Noting Limited Resources, California Federal Judge Dismisses EFTA Class Suit

FRESNO, Calif. - A U.S. District Court for the Eastern District of California judge on Sept. 14 dismissed a class complaint accusing several gyms and their franchisor of violating the Electronic Funds Transfer Act (EFTA) following the transfer of memberships, but gave the plaintiffs one more opportunity...

Mealey's Litigation Procedure - Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit

SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs ...

Mealey's Litigation Procedure - Class Suit Over Shutterfly's Facial Recognition Software Survives Motion To Dismiss

CHICAGO - An Illinois federal judge on Sept. 15 denied a motion to dismiss a class complaint accusing Shutterfly Inc. of violating Illinois' Biometic Information Privacy Act (BIPA) by using facial recognition software to scan faces in uploaded images and then storing that data (Alejandro Monroy,...

Mealey's Litigation Procedure - Judgment Bid Snuffed By Admission Of Experts In MRSA Damages Action

COLUMBUS, Ohio - A cosmetics company is not entitled to summary judgment on a woman's claim that she contracted a methicillin-resistant Staph aureus (MRSA) infection from a makeover at one of the company's stores, an Ohio federal judge held Sept. 15 after finding that the opinions of the woman's...

Mealey's Litigation Procedure - 9th Circuit Reverses Class Decertification In Aphrodisiac Supplement Suit

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court's decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion...

Mealey's Litigation Procedure - Expert's Opinion On Paralysis Tossed When Evidence Shows Accuser Can Walk

SAN JUAN, Puerto Rico - An expert witness for a woman who says her paralysis was caused by medical malpractice was excluded from testifying by a Puerto Rico federal judge, who ruled Sept. 18 that the expert's opinion on the cause of the paralysis is useless because, despite the woman's claims...

Mealey's Litigation Procedure - Unions Lack Standing To Sue OPM Over Data Breach, Judge Rules, Dismissing Suit

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 19 dismissed a consolidated class action against the U.S. Office of Personnel Management (OPM) related to a series of 2015 data breaches that compromised employees' personally identifiable information (PII), finding that the two plaintiff...

Mealey's Litigation Procedure - Expert's Testimony On Mine Subsidence Allowed By Federal Judge

WHEELING, W.Va. - An engineering expert can opine that nearby coal-mining operations caused subsidence damage to a couple's property in West Virginia, a federal judge held Sept. 18, finding that the expert's opinion is both reliable and helpful and that the late production of the expert's...

Mealey's Labor & Employment - Insurer Files Answer, Wants Immediate Review Of ACA Lactation Coverage Ruling

SAN FRANCISCO - In a motion seeking interlocutory review, an insurer argues that whether the Patient Protection and Affordable Care Act (ACA) requires an insurer to provide access to lactation services or merely forbids financial barriers to obtaining such services is exactly the type of question the...

Mealey's Litigation Procedure - Design Defect Opinions Admitted In Suit Over Rollover Crash Of Pickup

DENVER - A Colorado federal judge on Sept. 19 declined to exclude design defect opinions of an expert for a man who was paralyzed in a rollover crash of a pickup truck, saying the defendant manufacturers' objections relate to the weight that should be given to the expert's testimony and not whether...

Mealey's Litigation Procedure - ITLOS Issues Award On Maritime Boundaries Between Ghana, Cote D'Ivoire

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 23 issued its final award in maritime boundary dispute between Ghana and Cote d'Ivoire, establishing specific coordinates for certain boundaries in the Atlantic Ocean and finding that Ghana did not violate the United...