LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Honey Importers Will Pay Nearly $800,000 To Settle Conspiracy Claims

CHICAGO - An Illinois federal judge on Nov. 10 granted final approval of several settlements totaling $796,312 to be paid by U.S. honey importers to end a class complaint in which they have been accused of being involved in a global conspiracy to transship Chinese honey and evade millions of dollars...

Mealey's Litigation Procedure - Class Certification Denied In FDCPA Suit; Plaintiff Awarded $1 For Damages

TAMPA, Fla. - A Florida federal judge on Nov. 14 declined to certify a class of individuals who received debt collection notices that violated the Fair Debt Collection Practices Act (FDCPA), finding that a class action was not the superior method for adjudicating the matter; the judge granted the named...

Mealey's Litigation Procedure - Antitrust Claim Dismissed In McCormick Pepper Quantity And Quality Suit

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 11 dismissed an antitrust claim with prejudice in a multidistrict litigation accusing a spice company and its retailers of deceiving consumers about the quantity and quality of its black pepper (In Re: McCormick & Company, Inc., Pepper...

Mealey's Litigation Procedure - ICSID Refuses To Reconsider Decision Ordering Immediate $25M Payment

WASHINGTON, D.C. - Tribunal members for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 14 released a decision refusing to reconsider a recent order in which a Bangladesh oil and gas company was ordered to immediately pay a $25,312,747 arbitration award, plus 139,988,337...

Mealey's Litigation Procedure - Appeals Panel: Objection To Detective's Testimony On Body Language Was Not Preserved

HARTFORD, Conn. - A defendant failed to preserve an argument that a detective's testimony on body language and other behavioral indicators of untruthfulness are not proper subjects for expert testimony, a Connecticut appeals panel held Nov. 15, declining to decide whether the testimony was inherently...

Mealey's Litigation Procedure - Justice Enforces $74M Award Issued In Pipeline Dispute For ConocoPhillips

LONDON - An England and Wales justice on Nov. 10 granted an application filed by two gas companies to enforce a $74 million arbitration award that was issued in their favor by a tribunal in Singapore, rejecting an Indonesian entity's application to set aside the award under English arbitration law...

Mealey's Litigation Procedure - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers; a federal judge in Pennsylvania...

Mealey's Litigation Procedure - Class Representative In Jos. A. Bank False Advertising Suit Sanctioned For Lying

SAN DIEGO - A California federal judge on Nov. 15 ordered the class representative in a class action suit that accused Jos. A. Bank Clothiers Inc. of holding perpetual sales and misrepresenting its sale prices to pay $40,000 to the men's clothing company for lying about his purchases (David M. Lucas...

Mealey's Litigation Procedure - Federal Circuit Denies Mandamus In Discovery Dispute Over Movie Technology Patents

WASHINGTON, D.C. - Finding that the counterclaimant in a dispute over the ownership of certain motion picture technology "fail[ed] to carry the high burden . . . to overturn [a] district court's discovery determination," a Federal Circuit U.S. Court of Appeals panel on Nov. 17 denied the...

Mealey's Litigation Procedure - Expert's Report On Bankrupt Company's Transfer Of Assets Creates Fact Issue, Judge Finds

CHICAGO - A valuation expert's estimation of an engineering consulting firm's assets creates a genuine dispute as to whether the firm possessed valuable goodwill that it transferred during bankruptcy to a manufacturing company, an Illinois federal judge ruled Nov. 17, denying summary judgment...

Mealey's Litigation Procedure - Fire Investigator May Opine On Negligent Design In A Toaster, Federal Judge Says

CHICAGO - A fire and explosion investigator may opine that a negligent design in a toaster caused a fire and that it was unreasonable for the manufacturer to design a toaster that "would indefinitely heat food products to the point of combustion as a result of foreseeable failures and blockages"...

Mealey's Litigation Procedure - 3rd Circuit: Opt-In Plaintiffs Lack Standing To Appeal Collective Action Ruling

PHILADELPHIA - Three hospital employees who opted in to the second round of wage litigation against their employer have no standing to appeal the trial court's denial of collective action certification after the lead named plaintiff settled his individual claims, a Third Circuit U.S. Court of Appeals...

Mealey's Litigation Procedure - New York Attorney General: Trump University Will Pay $25M To Settle Fraud Claims

NEW YORK - New York Attorney General Eric T. Schneiderman on Nov. 18 announced that a $25 million settlement had been reached ending claims that Trump University - which was owned by President-elect Donald Trump and marketed itself as a university to train, educate and mentor entrepreneurs involved in...

Mealey's Litigation Procedure - New York Federal Judge Recommends Settlement Of Flushable Wipes Suits

NEW YORK - A New York federal judge issued a memorandum on Nov. 18 recommending that the parties in six individual class action lawsuits addressing sewage issues caused by flushable wipes consider settlement (D. Joseph Kurtz, et al. v. Kimberly-Clark Corporation, et al., No. 14-1142, Anthony Belfiore...

Mealey's Litigation Procedure - Summary Judgment For Purina Is Granted In Alleged Toxic Pet Food Case

SAN FRANCISCO - A California federal judge on Nov. 17 granted a summary judgment motion filed by Nestle Purina Petcare Co. and ordered the file closed in a proposed class complaint accusing the pet food maker of using toxic substances in its Beneful brand dog food (Frank Lucido v. Nestle Purina Petcare...

Mealey's Litigation Procedure - Medical Examiner's Opinion Shows Death By Gunshots, Texas Appeals Panel Finds

CORPUS CHRISTI, Texas - Expert testimony by a medical examiner showed that a defendant's fired gunshots, along with a victim's genetic medical condition, caused the victim's death, a Texas appeals panel ruled Nov. 17, also holding that accomplice witness testimony corroborated by evidence...

Mealey's Litigation Procedure - Bank, Payment Processing Subsidiary Settle RICO Class Suit For $37.5M

PHILADELPHIA - A Pennsylvania federal magistrate judge on Nov. 21 granted final approval of a $37.5 million settlement to be paid by Zions National Bank and its former payment processing subsidiary to end a class complaint accusing the companies of knowingly processing payments for fraudulent telemarketers...

Mealey's Litigation Procedure - Judge Orders Volkswagen To Pay Class Members Despite Attorney Liens

SAN FRANCISCO - A California federal judge on Nov. 22 ordered Volkswagen Group of America Inc., Volkswagen AG, Audi of America LLC and Audi AG (collectively, Volkswagen) to pay class members in the clean diesel multidistrict litigation their settlement compensation directly, despite notification of liens...

Mealey's Litigation Procedure - 11th Circuit: Federal Jurisdiction Remains Under CAFA Even Without Class

ATLANTA - A federal trial court erred when it ruled that the Class Action Fairness Act (CAFA) does not vest a federal court with original jurisdiction over state law claims after the class claims are dismissed, an 11th Circuit U.S. Court of Appeals panel ruled Nov. 22 (Wright Transportation, Inc. v....

Mealey's Litigation Procedure - Lawyer In File-Sharing Case Again Sanctioned For Discovery Violations

EAST ST. LOUIS, Ill. - After an appeals panel partly dismissed sanctions against an attorney as not properly reflecting the harm incurred by a copyright defendant due to the attorney's discovery misconduct and misrepresentations, an Illinois federal judge on Nov. 23 deemed the attorney's actions...

Mealey's Litigation Procedure - Injured Pipeline Protesters Sue County, City Police Over Clash At Bridge

BISMARCK, N.D. - County and city police officers who "unleashed a violent, unjustified, and unprovoked physical attack" on Dakota Access Pipeline (DAP) protestors should be stopped from using excessively violent means of crowd control and should pay for injuries they inflicted on the protesters...

Mealey's Litigation Procedure - Suit Over 'Natural' Products To Be Remanded After Class Scope Is Clarified

SAN FRANCISCO - A California federal judge on Nov. 28 agreed to send a class complaint alleging false promotion of cleaning and personal care products as "natural" back to state court after the lead plaintiff amends his complaint to clarify that the scope of the class is limited to California...

Mealey's Litigation Procedure - Illinois Federal Judge Partially Bars Expert's Opinions In Patent Infringement Lawsuit

CHICAGO - In a patent infringement lawsuit, an Illinois federal judge on Nov. 28 partially granted in part and denied in part a patent owner's motion to exclude an expert's opinions on whether accused products infringed its patents related to agricultural equipment (Not Dead Yet Manufacturing...

Mealey's Litigation Procedure - Judge Bars Expert Testimony, Grants Judgment On Fraud, Breach Of Warranty Claims

CLEVELAND - Having excluded an expert's testimony on a pest device based on an unreliable methodology, an Ohio federal judge on Nov. 29 granted summary judgment to the device's manufacturers on fraud and breach of warranty claims in a class action lawsuit (Jeanne Steigerwald, individually and...

Mealey's Litigation Procedure - Damages Expert Barred From Opining On Certain Damages In Agreement Dispute, Judge Says

NEW YORK - A damages expert is excluded from testifying on a credit card company's damages for additional issuing and acquiring opportunities from a termination of a deal with MasterCard International Inc., a New York federal judge ruled Nov. 29, also granting summary judgment in part to MasterCard...