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Mealey's Litigation Procedure - 5th Circuit Reverses Ruling That Drilling-Fluid Specialists Are Exempt Workers

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 30 reversed a trial court's ruling that drilling-fluid specialists were exempt from receiving overtime under the Fair Labor Standards Act's (FLSA) administrative exemption and remanded for further proceedings, finding that the employer...

Mealey's Litigation Procedure - Expert Needed In Design Defect Suit Over Oil Worker's Fatal Fall, 5th Circuit Says

NEW ORLEANS - A federal court did not err in holding that, lacking expert testimony that was excluded, the parents of a man who died in an oil rig fall failed to raise a genuine dispute of material fact as to whether a design defect in his safety harness was the proximate cause of his death, the Fifth...

Mealey's Litigation Procedure - Federal Judge Allows Medical Expert's Opinions In Deliberate Indifference Case

MACON, Ga. - A medical expert's simple opinions based on the simple facts of a malpractice case against two prison doctors are the product of a reliable analysis and will assist the jury, a Georgia federal judge held June 5 in denying a motion to exclude the expert (William Stoner v. Chiquita A....

Mealey's Litigation Procedure - Judge Gives Mixed Bag Ruling On Expert Opinions For Bouncer Shot At Bar

KANSAS CITY, Mo. - A medical expert can testify that gunshot wounds a nightclub bouncer received in a scuffle with an off-duty policeman caused the nerve disease and pain he suffers from, opening the door for two other experts to testify as to the man's alleged damages, a Missouri federal judge held...

Mealey's Litigation Procedure - Expert Testimony On Doctor Teaching Contracts Suitable, 7th Circuit Says

CHICAGO - A federal court did not abuse its discretion in determining that a medical expert was qualified to provide testimony on the nature of physician teaching contracts in a podiatric residency program, the Seventh Circuit U.S. Court of Appeals held June 5 in affirming the conviction of a doctor...

Mealey's Litigation Procedure - 2nd Circuit Reinstates Class Suit Accusing Whole Foods Of Overstating Weight

NEW YORK - The Second Circuit U.S. Court of Appeals on June 2 reinstated a class suit accusing Whole Foods Market Group Inc. of systemically overstating the weights of prepackaged food products and, as a result, overcharging customers, finding that the lead plaintiff plausibly alleged an injury-in-fact...

Mealey's Litigation Procedure - D.C. Circuit Refuses To Rehear Appeal Of Order Confirming $18.4M Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 7 denied a petition filed by the government of Belize for rehearing of a decision in which the court rejected its appeal of an order confirming a $18,470,881 award issued in favor of a Belize bank (Belize Bank Limited v...

Mealey's Litigation Procedure - Michigan Federal Judge Denies Sanctions Sought By Both Sides In Airline Fee Suit

DETROIT - A Michigan federal judge on June 6 denied motions for sanctions filed by both sides in a suit over airline ticket costs, determining that an award for either side would be inappropriate because all sides, including the court, were to blame for the long, drawn-out litigation (Stuart Sandweiss...

Mealey's Litigation Procedure - Magistrate Allows Survey Of Taffy Shop Customers In Trademark Battle

DENVER - A taffy shop may have valid complaints about a survey conducted by an expert for a competing taffy shop in a trademark dispute, but the survey is reliable and relevant enough to not preclude it from trial, a Colorado federal magistrate judge ruled June 8 (Estes Park Taffy Company, LLC, et al...

Mealey's Litigation Procedure - Couple Denied Cert For 4th Circuit's De Novo Daubert Review, Findings

WASHINGTON, D.C. - The U.S. Supreme Court on June 12 declined to review a case in which a couple claimed that the Fourth Circuit U.S. Court of Appeals erred when it overturned a $3 million jury award against Ford Motor Co. for design defect based on the appeals court's exclusion of the couple's...

Mealey's Litigation Procedure - Texas High Court Deems Hailstorm MDL Attorney Fee Info Protected As Work Product

AUSTIN, Texas - A Texas Supreme Court majority on June 9 granted an insurer's petition for mandamus in a discovery dispute, finding that a trial court and an appeals court abused their discretion by granting a group of insured's request for billing records from other cases in the same multidistrict...

Mealey's Litigation Procedure - With Experts Allowed, Suit Over Zoo's Care Of Old Elephant Proceeds

SAN ANTONIO - A Texas federal judge on June 8 mostly allowed expert testimony for three citizens who allege that the San Antonio Zoological Gardens and Aquarium is violating the Endangered Species Act (ESA) by harming and harassing a 57-year-old Asian elephant named Lucky (James Graham, et al. v. San...

Mealey's Litigation Procedure - Justice Finds Arbitrator Exceeded Authority, Requests More Information

SYDNEY, Australia - A justice for the Federal Court of Australia on June 9 found that an arbitral process in a dispute over an agreement to sell shares in a food company was significantly flawed and that portions of partial awards should be set aside, but requested additional information from the parties...

Mealey's Litigation Procedure - Panel: Securities Settlement Stands Despite Class's Claim That It Is Incomplete

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 12 affirmed a lower court's ruling that a company's payment to a class of bondholders who brought a class action alleging violations of a state securities act complied with the "unambiguous language" of a stipulated...

Mealey's Litigation Procedure - Venezuela Requests Stay Of Enforcement Of $1.2B Award Pending Appeal

WASHINGTON, D.C. - The Bolivarian Republic of Venezuela on June 12 moved in a federal district court to stay the enforcement of a $1.2 billion arbitral award that was confirmed in favor of a Canadian investor, pending the outcome of its appeal of the decision to the District of Columbia Circuit U.S....

Mealey's Litigation Procedure - Ruling On Gun Expert Sound, As Is Firearms Conviction, 4th Circuit Says

RICHMOND, Va. - A Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent's experience alone is sufficient to qualify him as an expert, and his use of a gun-tracing report prepared by other ATF employees does not violate a criminal defendant's confrontation rights, the Fourth Circuit...

Mealey's Litigation Procedure - U.S. High Court Vacates, Remands Malpractice Class Certification Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on June 19, in a summary disposition, granted a petition for writ of certiorari in an appeal debating whether class certification should be granted in a malpractice lawsuit filed against a law firm, vacated a judgment by the Ninth Circuit U.S. Court of Appeals...

Mealey's Litigation Procedure - Government Seeks To Have 6th Circuit Ruling On Doctor's Conviction Published

CINCINNATI - The U.S. government on June 16 asked the Sixth Circuit U.S. Court of Appeals to publish an opinion issued three days earlier in which a three-judge panel affirmed the conviction of an Ohio cardiologist on health care fraud charges, saying the decision, in which the panel upheld the allowance...

Mealey's Litigation Procedure - Judge Rejects Mesa Power's Petition To Vacate NAFTA Award For Canada

WASHINGTON, D.C. - A District of Columbia federal judge on June 15 rejected an energy company's petition to vacate an international arbitral award in which a tribunal found that the Government of Canada did not violate the North American Free Trade Agreement (NAFTA), finding nothing to show that...

Mealey's Litigation Procedure - Ruling On Expert Upheld In Shooting Victim's Claims Against Police Officer

PHILADELPHIA - A man who was shot in his home by an off-duty police officer is not entitled to a new trial on his excessive force claims against the officer because the victim's attempt to discredit an expert based on alleged mismanagement of a prior job was properly denied, a Pennsylvania federal...

Mealey's Litigation Procedure - Ohio Appellate Panel Finds Too Much Effort To Identify Class Members

CLEVELAND - An Ohio appellate panel on June 15 reversed certification of a class of vehicle buyers suing over sales practices, finding abuse of discretion by the trial court because there is no showing of predominance and class members can't be identified without expending more than a reasonable...

Mealey's Litigation Procedure - 7th Circuit: Unaccepted Offer Under Rule 67 Doesn't Moot Claims

CHICAGO - An unaccepted offer of relief submitted pursuant to Federal Rule of Civil Procedure 67 is no different than one submitted under Rule 68 and is insufficient to moot the claims, a Seventh Circuit U.S. Court of Appeals panel ruled June 20 (Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 7th Cir...

Mealey's Litigation Procedure - Texas Federal Judge Denies Expedited Discovery Motion In Restaurant Dispute

AUSTIN, Texas - A Texas federal judge on June 19 denied a motion for expedited discovery filed by restaurant franchisors, saying that they will receive the information they seek when the defendant files a written update with the court (Stockade Cos. LLC, et al. v. Kelly Restaurant Group LLC, No. 1:17...

Mealey's Litigation Procedure - Judge Orders Parties To Turn Over Information In Trade Secrets Lawsuit

OKLAHOMA CITY - Parties in a misappropriation of trade secrets lawsuit are required to provide each other with certain discovery information relating to a former employees' departure from a company and subsequent hiring and duties with a direct competitor, a federal judge in Oklahoma ruled June 16...

Mealey's Litigation Procedure - Magistrate Judge Denies Motion To Compel In Trade Secrets Lawsuit

CHICAGO - A federal magistrate judge in Illinois on June 20 denied a motion to compel filed by defendants in a misappropriation of trade secrets lawsuit, ruling that the plaintiff has agreed to provide certain information to the defendants as soon as it is located (PolyOne Corp. v. Yun Martin Lu, et...