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Mealey's Litigation Procedure - Federal Judge Allows Expert Testimony From Both Sides In Wrongful Death Lawsuit

NEW BERN, N.C. - Two medical doctors may testify that a decedent suffered a cardiac event before falling from his wheelchair, a North Carolina federal judge held March 1, also allowing an expert for the decedent's side to testify as to the cause of death (Gwendolyn Jackson Pinnix and Warren Ivan...

Mealey's Litigation Procedure - West Virginia High Court: Cell Data Testimony Was Allowed In Error But Not Harmful

CHARLESTON, W.Va. - Although a police officer improperly testified as a lay witness regarding historical cell site data to support a conviction against a woman for felony murder and conspiracy to commit robbery, the West Virginia Supreme Court of Appeals held March 2 that the testimony did not create...

Mealey's Litigation Procedure - Judge Partially Bars Police Captain's Testimony In Constitutional Rights Suit

CHARLESTON, S.C. - In a married couple's lawsuit alleging violation of their constitutional rights by a police officer during a traffic stop, a South Carolina federal judge on March 2 excluded in part testimony from a police captain who is also an attorney that served to bolster the credibility of...

Mealey's Litigation Procedure - Class Member Objects To Proposed $25M Trump University Settlement

SAN DIEGO - A former Trump University LLC student on March 6 filed an objection to the $25 million settlement to be paid by the now-defunct school, owned by President Donald J. Trump, to end claims that the school was a sham and defrauded its students out of millions of dollars, arguing that the settlement...

Mealey's Litigation Procedure - Expert Testimony Supports Burden On Prisoner's Religious Exercise, Magistrate Judge Says

CORPUS CHRISTI, Texas - With the admission of a retired prison official's expert testimony, a Texas federal magistrate judge found March 7 that a prison's grooming policy requiring short hair imposes "a substantial burden" on prisoners' religious exercise (Teddy Norris Davis, et...

Mealey's Litigation Procedure - Judge Allows Testimony On Lost Profits, Royalty Damages In Patent, Trademark Suit

SAN JOSE, Calif. - In a patent and trademark infringement dispute between competitors in the fitness and exercise equipment industry, a California federal judge on March 6 refused to exclude expert testimony on lost profits damages and royalty damages (Fitness Anywhere LLC v. WOSS Enterprises LLC, No...

Mealey's Litigation Procedure - Retrograde Extrapolation Testimony Fails Daubert's 'Fit' Test, Appeals Panel Says

RALEIGH, N.C. - Although a police officer's retrograde extrapolation testimony failed to satisfy the "fit" test under Daubert v. Merrell Dow Pharmaceuticals Inc. by not being properly tied to the facts, a North Carolina appeals panel on March 7 found no prejudicial error because there was...

Mealey's Litigation Procedure - Motion To Strike Class Allegations In Flammable Hoverboards Suit Is Denied

HAMMOND, Ind. - A New York man may proceed with his class complaint against a hoverboard manufacturer alleging that his hoverboard self-combusted after an Indiana federal judge on March 7 denied motions by the defendant to strike class allegations, dismiss an unjust enrichment claim and dismiss a claim...

Mealey's Litigation Procedure - 2nd Circuit: Depositing A Check With Court Clerk Doesn't Moot TCPA Class Suit

NEW YORK - The deposit of a check with the clerk of a district court in satisfaction of judgment made by the defendant in a Telephone Consumer Protection Act (TCPA) class complaint doesn't moot the suit, a Second Circuit U.S. Court of Appeals panel ruled March 9, vacating the judgment of the district...

Mealey's Litigation Procedure - Class Of Minor League Baseball Players Is Recertified In Wage Suit

SAN FRANCISCO - A little more than seven months after a class of minor league baseball players was decertified in a lawsuit seeking unpaid wages from the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig, a California federal magistrate...

Mealey's Litigation Procedure - Florida High Court Rejects Daubert Issue But Vacates Death Sentence On Other Law

TALLAHASSEE, Fla. - Although the Florida Supreme Court on March 9 rejected a convicted man's argument that his death sentence is unconstitutionally arbitrary as a result of the Florida Legislature's adoption of the standard in Daubert v. Merrell Dow Pharmaceuticals Inc., it vacated the death...

Mealey's Litigation Procedure - Sex Toy Maker Seeks To Settle Privacy Suit For $3.75 Million

CHICAGO - A sex toy maker accused of wrongfully collecting highly sensitive personal information about its consumers' usage of its products seeks to settle a class complaint for approximately $3.75 million, the plaintiffs state in a motion for preliminary approval of the class action settlement filed...

Mealey's Litigation Procedure - No Error In Admission Of Testimony On Firearm Parts Sold, 11th Circuit Finds

ATLANTA - A trial court did not err in allowing testimony that firearm parts sold by a police officer were of the same type as firearms listed on a police department's property destruction logs, the 11th Circuit U.S. Court of Appeals ruled March 9 (United States of America v. Tammy Lynn Valdes and...

Mealey's Litigation Procedure - California Federal Judge Denies Sephora's Request For Partial Stay In Wage Dispute

SAN FRANCISCO - A motion for a partial stay filed by an employer in a wage-and-hour dispute pursuant to the Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976), doctrine must be denied because it was an attempt to dismiss "the potentially meritorious" claims of a nationwide...

Mealey's Litigation Procedure - Judge Decides Motions To Exclude Causation Testimony In Personal Injury Lawsuit

KANSAS CITY, Kan. - A Kansas federal judge on March 13 granted in part and denied in part motions to exclude expert testimony from both sides involved in a personal injury lawsuit on the issue of causation for injuries a woman allegedly sustained in a vehicle collision (Wendy L. Delgado v. Lyle J. Unruh...

Mealey's Litigation Procedure - Judge Denies Approval Of Google Email-Scanning Class Settlement

SAN JOSE, Calif. - In a March 15 order, a California federal judge denied preliminary approval of a proposed settlement of a class action over Google Inc.'s practice of scanning emails of non-Gmail users, faulting the lack of clear notice and disclosures in the settlement and finding it unclear that...

Mealey's Litigation Procedure - Judge: State Officials Immune From SCA Liability For Seized Electronic Records

MADISON, Wis. - A Wisconsin federal judge on March 16 found several state officials not liable for violation of the Stored Communications Act (SCA) in the seizure of an organization's electronic records as part of an investigation, finding the relevant warrants to have been issued in compliance with...

Mealey's Litigation Procedure - Federal Judge Declines To Bar Testimony On Accident Scenario In Personal Injury Suit

SHREVEPORT, La. - A licensed mechanical and biomedical engineer relied on a sufficient methodology and factual basis to testify in support of proving that an accident scenario "is physically possible," a Louisiana federal judge ruled March 15, declining to exclude the testimony in a personal...

Mealey's Litigation Procedure - Panel: No Error In Admission Of Doctor's Testimony On Treatment After Collision

TYLER, Texas - A judge did not err in allowing a physician's testimony that a woman involved in a car accident needed "neurotomies, stem cell injections, and topical cream," a Texas appeals panel held March 15, because it was reliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509...

Mealey's Litigation Procedure - Judge Excludes Urologist's Testimony On Inefficacy Of Remedies In Drug Patent Suit

MARSHALL, Texas - Although a urologist's testimony on the inefficacy of natural and herbal remedies was barred in a patent infringement case over a drug's marketing, a Texas federal judge on March 17 allowed the urologist to testify as to the drug's marketing (Erfindergemeinschaft UroPep...

Mealey's Litigation Procedure - Cert Denied For 7th Circuit's Rejection Of Immunity Waiver In Credit Act Suit

WASHINGTON, D.C. - A Seventh Circuit U.S. Court of Appeals ruling that an Indian tribe's sovereign immunity bars a man's class action claims that the tribe violated the Fair and Accurate Credit Transaction Act (FACTA) by printing identifying information on his credit card receipts will stand...

Mealey's Litigation Procedure - Federal Judge Excludes Engineer's Testimony On Safety In Area At Sea World

SAN DIEGO - A safety engineer and accident reconstruction expert may not testify regarding Sea World LLC's liability relating to the safety of an area at the time of a woman's accident while visiting the park, a California federal judge held March 17 (Eusebia Baltazar v. Sea World Parks Entertainment...

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts...

Mealey's Litigation Procedure - Judge Rules On Motions To Exclude Testimony In Putative Class Action

TRENTON, N.J. - A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089...

Mealey's Litigation Procedure - Federal Judge Allows Expert Opinion On Stock Trade In Class Action Securities Suit

COLUMBUS, Ohio - An economic expert may opine as to whether the market in which a company's stock traded was efficient during a class period and whether it is possible to calculate damages on a classwide basis for purposes of liability, an Ohio federal judge ruled March 17 (Alan Willis v. Big Lots...