LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - U.K. Wafer Maker Says ICC Has Awarded It $39M For Breach Of Contract

ABINGDON, Oxfordshire - A United Kingdom maker of photovoltaic (PV) silicon wafers on Nov. 8 announced that the International Court of Arbitration for the International Chamber of Commerce (ICC) has awarded it $39,436,143.11 for breach of a contract in which a customer agreed to purchase wafers over...

Mealey's Litigation Procedure - Judge Clarifies Fact, Opinion Work Product In Patent Antitrust Suit

SAN JOSE, Calif. - Responding to discovery disputes by the parties in a lawsuit alleging monopolization and false advertising of patents for specialty medical software, a California federal judge on Nov. 6 clarified a previous order compelling production, differentiating between fact and opinion work...

Mealey's Litigation Procedure - 9th Circuit Hears Arguments On Discovery Order In Suit Opposing Repeal Of DACA

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Nov. 7 heard oral arguments from the U.S. government and a group of plaintiffs who are challenging the impending termination of the Deferred Action for Childhood Arrivals (DACA) program regarding whether a California federal court properly...

Mealey's Litigation Procedure - MassMutual Settles Class Suit Over Unreleased Dividends For $37.5 Million

BOSTON - A Massachusetts federal judge on Nov. 8 granted final approval to a $37.5 million settlement to be paid by Massachusetts Mutual Life Insurance Co. (MassMutual) to end a class complaint by policyholders alleging that the insurance company failed to fully distribute dividends (Karen L. Bacchi...

Mealey's Litigation Procedure - Most Of Mechanical Engineer's Opinions On Faulty Blender Admissible, Judge Rules

TAMPA, Fla. - Most of an expert's opinions on alleged defects in a food blender that overheated, causing burns to a woman, are based on sound methods and are reliable and helpful enough to be admitted, a Florida federal judge held Nov. 7 (Phyllis B. Cerrato, et al. v. Nutribullet, LLC, et al., No...

Mealey's Litigation Procedure - Orthopedic Surgeon's Opinions On Spine Injury Reliable, Magistrate Says

SAN ANTONIO - A doctor's expert opinion on whether a spinal injury was caused by an car crash "is sufficiently reliable for admissibility purposes," a Texas magistrate judge ruled Nov. 9 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 185797).

Mealey's Litigation Procedure - Supreme Court Denies Belize's Petition Seeking Review Of Confirmation

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 13 denied the government of Belize's petition for writ of certiorari in which it sought review of an appeals court's ruling that affirmed the enforcement of an $18,470,881 arbitral award (Government of Belize v. Belize Bank Limited, No. 17-252...

Mealey's Litigation Procedure - Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews...

Mealey's Litigation Procedure - Opinions That Accident Led To Death By Painkillers Allowed By Federal Judge

PHILADELPHIA - Three of four doctors offering expert opinions in a wrongful death action can testify that an accident on a U.S. military base caused a man's injuries and subsequent death from taking too many pain medications for the injuries, a Pennsylvania federal judge held Nov. 8, finding the...

Mealey's Litigation Procedure - All But 1 Claim Survive Volvo Dismissal Motion In Suit Over Electric Mileage

CHICAGO - An Illinois federal judge on Nov. 8 trimmed a single claim from a class complaint accusing Volvo Cars of North America LLC (VCNA) and Volvo Cars USA LLC (VCUSA) of misrepresenting the average mileage its hybrid sport utility vehicle could achieve on a single charge, finding that most of the...

Mealey's Litigation Procedure - Fire Chief's Testimony Tossed In Paramedic's Wrongful Termination Suit

SAN ANTONIO - A paramedic challenging his firing was successful in getting a fire chief's expert testimony excluded from the case when a Texas federal judge ruled Nov. 13 that the chief's testimony is not relevant and would not be helpful to a jury (Bryan Brightwell v. Bandera County, No. 5:16...

Mealey's Litigation Procedure - Federal Judge Partially Certifies Class Alleging Deficient Credit Monitoring

PHILADELPHIA - A Pennsylvania federal judge on Nov. 13 partially certified a class of consumers suing a retailer and the company that issues the retailer's private-label credit cards for allegedly profiting from a deficient credit-monitoring service, finding that certification is appropriate for...

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 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 - 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 - 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 - 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 - $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 - Uber Announces Massive Data Breach, Hit With Class Complaint

LOS ANGELES - The same day Uber Technologies Inc. revealed in a Nov. 21 statement that it had experienced a data breach in late 2016, a class action complaint was filed against the ride-hailing firm in California federal court, alleging negligence, invasion of privacy and unfair competition (Alejandro...

Mealey's Litigation Procedure - 9th Circuit Denies Discovery Stay In DACA Suit, Defers To Trial Court

PASADENA, Calif. - After denying mandamus to the U.S. government from a trial court's order requiring an expanded administrative record in a lawsuit seeking to block the termination of the Deferred Action for Childhood Arrivals (DACA) program, a Ninth Circuit U.S. Court of Appeals panel on Nov. 21...