LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Federal Judge Allows Cardiologist's Opinions On Jail Inmate's Death

SAVANNAH, Ga. - A cardiologist's lack of experience working in a prison setting does not preclude him from offering expert opinions on the standard of care provided to a man who died while incarcerated, a Georgia federal judge held Feb. 8 (Belinda Lee Maley, et al. v. Corizon Health, Inc., et al...

Mealey's Litigation Procedure - Class Suit Alleging Slack-Filled Raisinets Survives Dismissal Motion

ST. LOUIS - A Missouri federal judge on Feb. 7 denied a motion by a candy company to dismiss a class complaint accusing it of deceiving customers by slack-filling its boxes of chocolate-covered raisins, finding that the named plaintiff has made sufficient claims to proceed at this stage (Lahonee Hawkins...

Mealey's Litigation Procedure - Some Expert Opinions Stricken In Pelvic Sling Design Defect Lawsuit

HAMMOND, Ind. - An Indiana federal judge on Feb. 7 trimmed testimony from two experts for a woman who says a faulty pelvic organ prolapse device she had inserted caused her a multitude of physical injuries (Barbara Kaiser, et al. v. Johnson & Johnson, et al., No. 2:17-cv-114, N.D. Ind., 2018 U.S...

Mealey's Litigation Procedure - Maine Dairy Seeks To Settle Serial Comma Dispute With Class Of Employees For $5M

PORTLAND, Maine - A Maine dairy company and a class of workers entangled in a wage-and-hour lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine's overtime law filed a motion on Jan. 8 for preliminary review of a proposed $5 million settlement (Christopher...

Mealey's Litigation Procedure - Investors Ordered To Post Security Pending Challenge To Award For Pakistan

LONDON - An England and Wales High Court justice on Feb. 9 ordered a group of Mauritius investors to post security costs in favor of the Islamic Republic of Pakistan in relation to the investors' challenge of an arbitral award issued in Pakistan's favor in a dispute over the sale of an energy...

Mealey's Litigation Procedure - Google Email-Scanning Class Action Settlement Receives Final Approval

SAN JOSE, Calif. - Five and a half months after preliminarily approving a settlement between Google LLC and a class of non-Gmail users, a California federal judge on Feb. 9 granted the plaintiffs' motion for final approval of the settlement in which Google agrees to stop scanning emails sent to Gmail...

Mealey's Litigation Procedure - FACTA Class Suit Dismissed After Settlement Reached For Lack Of Jurisdiction

FORT LAUDERDALE, Fla. - A Florida federal judge on Feb. 8 dismissed a class complaint over credit card numbers being printed on receipts following preliminary approval of a settlement, ruling that the court lacks subject matter jurisdiction over the claims (Eric Kirchein, et al. v. Pet Supermarket, Inc...

Mealey's Litigation Procedure - Experts' Testimony Upheld By Federal Judge In Sex Trafficking Case

ALBUQUERQUE, N.M. - Two expert witnesses for the U.S. government can testify about sex trafficking and the prostitution trade in a criminal case against a man and his female accomplice accused of forcing a 13-year-old girl to engage in commercial sex acts, a New Mexico federal judge ruled Feb. 8 after...

Mealey's Litigation Procedure - New York Federal Judge Issues Injunction Clarification In Asylum Seekers' Class Suit

BUFFALO, N.Y. - A New York federal judge on Feb. 9 issued a decision clarifying her Nov. 17 preliminary injunction issued in a class complaint filed by asylum seekers alleging prolonged detentions, finding that a pending interlocutory appeal doesn't bar the clarification (Hanad Abdi, et al. v. Kirstjen...

Mealey's Litigation Procedure - Missouri Federal Judge Remands Class Suit Over Moving St. Louis Rams

ST. LOUIS - A Missouri federal judge on Feb. 12 remanded a class complaint over the St. Louis Rams moving to a new city, finding that the plaintiffs properly invoked the Class Action Fairness Act's (CAFA) local controversy exception (Ronald McAllister v. The St. Louis Rams, LLC, Nos. 16-172, 16-262...

Mealey's Litigation Procedure - Class Of Oil Platform, Processing Facility Workers Certified In Oil Spill Suit

LOS ANGELES - A California federal judge on Feb. 9 certified one of two proposed subclasses, comprising oil platform and processing facility workers, in a lawsuit against the operators of a Santa Barbara, Calif., pipeline that leaked into the Pacific Ocean in May 2015, finding that common questions predominate...

Mealey's Litigation Procedure - Expert's Opinions On Corrosion Found On Airplane Barred By Judge

TAMPA, Fla. - Competing experts in a breach of contract lawsuit over the inspection of a company's airplane both had their proposed testimony limited Feb. 13 by a Florida federal judge (Oil Consulting Enterprise, Inc. v. Hawker Beechcraft Global Customer Support, LLC, No. 8:16-cv-3453, M.D. Fla....

Mealey's Litigation Procedure - Jewish School Settles Kitchen Workers' Wage Claims For $1 Million

NEW YORK - A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school's kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc...

Mealey's Litigation Procedure - Judge Finds Arbitrator Exceeded Authority In Gold Mining Dispute, Vacates Award

DENVER - After finding that an arbitrator exceeded his authority when he issued an award in a gold mining case, despite a Mexican judge's ruling that found the underlying arbitration clause to be unenforceable, a Colorado federal magistrate judge on Feb. 13 recommended that a petition to confirm...

Mealey's Litigation Procedure - Expert's Prior Exclusion Not Relevant To Admissibility Inquiry, Magistrate Says

NEW YORK - A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert's...

Mealey's Litigation Procedure - Cert Denied For Ruling On Causation Expert In Nuclear Facility Injury Case

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for a writ of certiorari filed by 137 residents of a Pennsylvania town who say that illegal releases of radioactive materials from a nearby plant caused their cancers and the deaths of their family members and that a federal appeals...

Mealey's Litigation Procedure - U.S. High Court Declines Appeal On FCC's Opt-Out Notice For Solicited Faxes

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari that was filed by corporations that were intervenors on the side of the Federal Communications Commission in proceedings below and that challenged a decision by a split District of Columbia Circuit U.S. Court...

Mealey's Litigation Procedure - Supreme Court Declines To Consider Data Breach Article III Standing Appeal

WASHINGTON, D.C. - In its Feb. 20 order list, the U.S. Supreme Court denied a petition for certiorari by a health insurer that argued that the District of Columbia Circuit U.S. Court of Appeals did not apply the proper actual or imminent harm standing in determining class members' standing under...

Mealey's Litigation Procedure - Uber Driver Class Certified In Suit Over 'Upfront Pricing'

SAN FRANCISCO - A California federal judge in an order filed Feb. 16 certified a class of drivers suing Uber Technologies Inc. and its subsidiary Rasier LLC (collectively, Uber) for changing the pricing policy in 2016 and keeping a larger percentage of each fare, allegedly violating its agreement with...

Mealey's Litigation Procedure - Ukraine Claims Russia Violated Maritime Rights In New PCA Arbitration

KYIV, Ukraine - The Foreign Ministry of Ukraine on Feb. 19 announced that it has commenced arbitration against the Russian Federation with the Permanent Court of Arbitration (PCA), alleging that it has violated its maritime rights.

Mealey's Litigation Procedure - AT&T, Time Warner Denied Discovery Of DOJ Privilege Logs In Antitrust Suit

WASHINGTON, D.C. - AT&T Inc. and Time Warner Inc. were denied discovery of certain privilege logs listing governmental communications over their proposed merger from the U.S. Department of Justice (DOJ) on Feb. 20, when a District of Columbia federal judge found that the companies failed to establish...

Mealey's Litigation Procedure - Consumer Sufficiently Alleges Direct Fraud Against Tax Prep Franchisor, Subsidiary

LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct...

Mealey's Litigation Procedure - Harvey Weinstein, Other Defendants Seek Dismissal Of RICO Class Complaint

NEW YORK - Harvey Weinstein and the other defendants in a New York federal lawsuit alleging that Weinstein flashed, fondled, assaulted and raped multiple women filed separate motions on Feb. 20 seeking dismissal of the class complaint alleging violations of the Racketeer Influenced and Corrupt Organizations...

Mealey's Litigation Procedure - 9th Circuit: Plaintiff Lacks Standing In FCRA Suit Where There Is No Injury

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on Feb. 21 cited Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), and joined the Second and Seventh circuits in ruling that a plaintiff alleging violations of the Fair Credit Reporting Act (FCRA) without alleging a concrete injury lacks standing to...

Mealey's Litigation Procedure - ConocoPhillips, Venezuelan Entities Dispute Effect Of DUFTA Ruling In Crystallex

WILMINGTON, Del. - Various ConocoPhillips entities and the national oil company of Venezuela on Feb. 20 filed a joint letter in Delaware federal court, submitting arguments over whether a recent appellate court ruling should result in the dismissal of the oil company's claims that the Venezuelan...