LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Bath & Body Works Settles Class Wage Claims For $2.25 Million

LOS ANGELES - A California federal judge on July 11 granted final approval of a $2.25 million settlement to be paid by Bath & Body Works LLC (BBW) to end wage claims filed by a class of nonexempt sales associates (Adam Jones v. Bath & Body Works, Inc., et al., No. 13-5206, C.D. Calif.; 2016 U...

Mealey's Litigation Procedure - On Remand From Supreme Court, Parties, Amicus Brief On Concreteness Of FCRA Claim

PASADENA, Calif. - In response to a directive from a Ninth Circuit U.S. Court of Appeals panel, as well as remand instructions from the U.S. Supreme Court, a Virginia man and an online data aggregator offered briefs July 11 arguing whether the plaintiff's allegations of the aggregator publishing...

Mealey's Litigation Procedure - 2nd Circuit: Microsoft Cannot Be Subpoenaed To Produce Irish-Based Emails

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 14 ruled that a warrant issued under the Stored Communications Act (SCA) cannot be applied extraterritorially to require Microsoft Corp. to produce a customer's emails that were stored on a server in Ireland (In the Matter of a Warrant...

Mealey's Litigation Procedure - Police Expert Barred From Testifying On Injuries, Florida Federal Judge Says

MIAMI - A police expert may not testify to the nature and extent of plaintiffs' injuries and on the use of force where plaintiffs were completely under a train car when apprehended by a police dog (K-9), a Florida federal judge ruled July 12 (Humberto Pellegrino and Pedro Claveria v. Gerald Wengert...

Mealey's Litigation Procedure - Cargill Seeks Dismissal Of Appeal Related To Mexico Resort Project

NEW YORK - Cargill Inc. on July 12 argued before the Second Circuit U.S. Court of Appeals that a district court's order granting is motion to dismiss claims asserted against it in relation to the construction and operation of a resort in Mexico should be affirmed in its entirety (Desarrolladora Farallon...

Mealey's Litigation Procedure - 7th Circuit Affirms Judgment For Restaurants In Servers' Wage Suit

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 15 affirmed a district court's ruling in favor of the employers in a wage class suit brought by servers alleging violations of state and federal laws regarding their tips (Robert Schaefer, et al. v. Walker Bros. Enterprises, Inc., et...

Mealey's Litigation Procedure - No Error In Social Worker's Testimony On Sexual Abuse, Ohio Appeals Panel Finds

CINCINNATI - A social worker was allowed to testify as an expert witness regarding whether children's statements were consistent with sexual abuse, as she was sufficiently qualified for this purpose, an Ohio appeals panel held July 13, affirming a domestic violence civil protection order (DVCPO)...

Mealey's Litigation Procedure - 9th Circuit Again Finds Wage Claims Against Craft Stores Are Time-Barred

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals on July 15 granted a petition for panel rehearing and/or clarification filed by the lead plaintiff in lawsuit accusing a retailer of wage violations but issued an accompanying order nearly identical to the one issued on May 19 in which it reversed...

Mealey's Litigation Procedure - Class Certification Partly Granted In Privacy Suit Over Apple Device Contacts

SAN FRANCISCO - Although a California federal judge on July 15 found the primary proposed class in a dispute over the purported unauthorized sharing of users' address book information to be too broad to support class certification, he granted certification of a subclass of users of Apple Inc.'s...

Mealey's Litigation Procedure - Federal Magistrate Judge Excludes Partial Expert Testimony In Admiralty Suit

CHICAGO - In an admiralty case, an Illinois federal magistrate judge on July 14 excluded an expert from testifying that boat captains could have requested that gates again be closed as they were approaching the protection cells (In the matter of the complaint of Ingram Barge Co. as owner of the M/V Dale...

Mealey's Litigation Procedure - ICSID Dismisses Renco's Treaty Claims Against Peru For Lack Of Jurisdiction

PARIS - After determining that the Renco Group Inc. failed to establish that the Republic of Peru consented to arbitration under a treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 19 released its award dismissing all of the group's claims against...

Mealey's Litigation Procedure - 10th Circuit Affirms Denial Of Petition To Confirm $1.6 Million Award

DENVER - The 10th Circuit U.S. Court of Appeals on July 19 affirmed dismissal of a Chinese company's petition to confirm an arbitral award issued in its favor, finding that the other party did not receive sufficient notice of the arbitration in China, rendering the arbitration invalid under the Convention...

Mealey's Litigation Procedure - No Error In Exclusion Of Testimony On Profile Of Sex Abuser, Panel Affirms

BOSTON - A trial court did not err in excluding expert testimony that a defendant's personality was inconsistent with the profile of a sex abuser, a Massachusetts appeals panel ruled July 15 (Commonwealth v. Ryan Coates, No. 14-P-1547, Mass. App.; 2016 Mass. App. LEXIS 86).

Mealey's Litigation Procedure - ICSID Declares Its Exclusive Jurisdiction Over Cases Against Bangladesh

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 20 released a declarative decision, stating that tribunals appointed in an investment dispute filed by a resource company against the People's Republic of Bangladesh and others have exclusive...

Mealey's Litigation Procedure - D.C. Circuit Deems DOJ's 'Blue Book' Not Discoverable Under FOIA As Work Product

WASHINGTON, D.C. - A discovery guide created by the U.S. Department of Justice and used by federal prosecutors qualifies as attorney work product, a District of Columbia U.S. Court of Appeals panel ruled July 19, affirming a trial court's finding that the DOJ did not need to produce the manual in...

Mealey's Litigation Procedure - 7th Circuit Partly Affirms Discovery Sanctions Against Attorney In File-Sharing Suit

CHICAGO - In a July 19 ruling, a Seventh Circuit U.S. Court of Appeals panel affirmed discovery sanctions against an attorney in a "porno-trolling collective" for what it called egregious and obstructive behavior in failing to comply with a trial court's sanctions awards against it in the...

Mealey's Litigation Procedure - 10th Circuit: Causation Testimony Reliable For Insurance Collision Suit

DENVER - A trial court properly allowed expert testimony on causation in an insurance coverage dispute over injuries suffered in an auto collision, the 10th Circuit U.S. Court of Appeals held July 19, affirming that the insured presented evidence that a reasonable jury could find that his claim for benefits...

Mealey's Litigation Procedure - Ohio Appeals Panel Majority Says No Error In Admission Of Medical Malpractice Testimony

WARREN, Ohio - A trial court did not err in allowing expert testimony as to causation for an injury to the femoral nerve in a medical malpractice lawsuit, a majority of an Ohio appeals panel ruled July 18 (Jane L. Gordon v. Trumbull Memorial Hospital c/o National Registered Agents, Inc., et al., No....

Mealey's Litigation Procedure - 8th Circuit: Federal Court Must Consider St. Louis Rams' Post-Removal Evidence

ST. LOUIS - A district court erred when it refused to reconsider post-removal evidence filed by the St. Louis Rams LLC and other associated entities (collectively, Rams) before ruling that a class complaint accusing the defendants of violating the Missouri Merchandising Practices Act in connection with...

Mealey's Litigation Procedure - Art Historian May Testify To Market Value Of Work, Illinois Federal Judge Finds

CHICAGO - An art historian may opine that if a signature were authenticated, the market value for a piece of art would be between $6 million and $8 million, an Illinois federal judge ruled July 21, declining to exclude the historian's testimony (Robert Fletcher and Bartlow Gallery Ltd. v. Peter Doig...

Mealey's Litigation Procedure - Federal Judge Allows Expert Testimony On Project Survey, Alleged Improper Plans

WASHINGTON, D.C. - A federal claims judge on July 21 allowed expert testimony on the topographical survey for a project showing that it was incomplete and that the project plans and specifications were improperly copied from a prior project (Magnus Pacific Corp. v. The United States, No. 13-859 C, Fed...

Mealey's Litigation Procedure - Accidental Pistol Discharge Class Suit Is Settled For Millions

MIAMI - A Florida federal judge on July 22 granted final approval of a class settlement, estimated to have a value ranging from $29.9 million to $73.6 million, ending a suit filed against the companies that manufactured and sold eight models of pistols that are alleged to have a defect that causes them...

Mealey's Litigation Procedure - Reporter's Motion To Compel Early Disclosure Of DNC Finance Records Denied

PHILADELPHIA - Finding that the Federal Election Campaign Act (FECA) governs the timing for public release of finance records for the July 2016 Democratic National Convention (DNC), a Pennsylvania judge on July 25 denied a reporter's motion to compel early disclosure of the records, finding Pennsylvania's...

Mealey's Litigation Procedure - Judge Permits Experts To Opine On Heat Age Testing In Patent Infringement Suit

MINNEAPOLIS - Experts may testify on heat age testing using the "dome" method and opinions relying on certain indirect evidence in a patent infringement lawsuit, a Minnesota federal judge ruled July 22, also denying summary judgment to defendants on claims of noninfringement, invalidity and...

Mealey's Litigation Procedure - ICSID Denies Venezuela's 6th Challenge To Arbitrator In Treaty Dispute

WASHINGTON, D.C. - After finding that Venezuela submitted no new information in its sixth proposal to disqualify and arbitrator, two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 26 denied its request to disqualify the arbitrator in the case...