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Mealey's Litigation Procedure - Company Awarded Judgment After Expert For Insurer Seeking Subrogation Excluded

GREENBELT, Md. - A Maryland federal judge on Sept. 15 awarded summary judgment to a utility contractor on an insurance company's claim that the contractor's negligence caused a house fire, after excluding the insurer's expert from testifying about the standard of care for the work at issue...

Mealey's Litigation Procedure - Noting Limited Resources, California Federal Judge Dismisses EFTA Class Suit

FRESNO, Calif. - A U.S. District Court for the Eastern District of California judge on Sept. 14 dismissed a class complaint accusing several gyms and their franchisor of violating the Electronic Funds Transfer Act (EFTA) following the transfer of memberships, but gave the plaintiffs one more opportunity...

Mealey's Litigation Procedure - Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit

SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs ...

Mealey's Litigation Procedure - Google Seeks Contempt Order To Appeal SCA Extraterritorial Warrant Ruling

SAN JOSE, Calif. - Voicing its intention to appeal a California federal judge's ruling ordering it to comply with a warrant issued under the Stored Communications Act (SCA) seeking production of foreign-stored user emails, Google Inc. on Sept. 13 moved for an order of civil contempt related to its...

Mealey's Litigation Procedure - ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics

ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.

Mealey's Litigation Procedure - Class Suit Over Shutterfly's Facial Recognition Software Survives Motion To Dismiss

CHICAGO - An Illinois federal judge on Sept. 15 denied a motion to dismiss a class complaint accusing Shutterfly Inc. of violating Illinois' Biometic Information Privacy Act (BIPA) by using facial recognition software to scan faces in uploaded images and then storing that data (Alejandro Monroy,...

Mealey's Litigation Procedure - Judgment Bid Snuffed By Admission Of Experts In MRSA Damages Action

COLUMBUS, Ohio - A cosmetics company is not entitled to summary judgment on a woman's claim that she contracted a methicillin-resistant Staph aureus (MRSA) infection from a makeover at one of the company's stores, an Ohio federal judge held Sept. 15 after finding that the opinions of the woman's...

Mealey's Litigation Procedure - 9th Circuit Reverses Class Decertification In Aphrodisiac Supplement Suit

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court's decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion...

Mealey's Litigation Procedure - Fla. Federal Judge Won't Allow Class Certification Motion To Be Sealed In TCPA Suit

TAMPA, Fla. - A Florida federal judge on Sept. 14 denied an unopposed motion by the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to file the motion for class certification under seal, ruling that claims that information in the motion was declared confidential by the defendant is insufficient...

Mealey's Litigation Procedure - Judge Refuses To Dismiss UCL, Warranty Claims Regarding Coconut Oil Labeling

SAN DIEGO - After finding that a consumer sufficiently pleaded that she relied on various representations regarding the health benefits of coconut oil, a California federal judge on Sept. 18 denied a motion filed by the maker of the product to dismiss the purchaser's claims for violation of California's...

Mealey's Litigation Procedure - Suit Seeking Discovery Filed Over Post-Irma Death At Florida Nursing Home

FORT LAUDERDALE, Fla. - A man whose mother died in a Florida nursing home after the air conditioning system broke following Hurricane Irma filed suit on Sept. 15 against the home, its owners and administrative staff, seeking a pure bill of discovery and to preclude the home, its staff and owner from...

Mealey's Litigation Procedure - Expert's Opinion On Paralysis Tossed When Evidence Shows Accuser Can Walk

SAN JUAN, Puerto Rico - An expert witness for a woman who says her paralysis was caused by medical malpractice was excluded from testifying by a Puerto Rico federal judge, who ruled Sept. 18 that the expert's opinion on the cause of the paralysis is useless because, despite the woman's claims...

Mealey's Litigation Procedure - 2nd Circuit Finds Carnival Employee Must Arbitrate Claims In The Philippines

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 18 affirmed a ruling in which a district court found that a motorman who was injured while working aboard a vessel must arbitrate his claims against his employer in the Philippines pursuant to his employment contract (Rodrigo R. Pagaduan v...

Mealey's Litigation Procedure - Judge Dismisses Claims That Parking Ticket Chalk Marks Violate Constitution

BAY CITY, Mich. - A Michigan federal judge on Sept. 15 dismissed a class lawsuit accusing a Michigan county and one of its employees of violating the Fourth Amendment to the U.S. Constitution by marking tires of parked cars prior to issuing parking tickets (Alison Patricia Taylor v. City of Saginaw,...

Mealey's Litigation Procedure - Rental Property Owner Denied Class Certification In Suit Over Inspections

TAMPA, Fla. - A rental property owner seeking class certification in a suit over the constitutionality of a Florida city's rental housing program failed to prove the ascertainability and numerosity of its proposed class, a Florida federal judge ruled Sept. 19 (Lea Family Partnership Ltd., et al....

Mealey's Litigation Procedure - Judge Adjourns Fraud Trial So Defendant Can Review Recorded Sales Calls

NASHVILLE, Tenn. - A federal judge in Tennessee on Sept. 19 granted a motion filed by a man accused of orchestrating a telemarketing scheme to sell insurance products that were not major medical health insurance, finding that he should be allowed to review recordings of approximately 100,000 sales calls...

Mealey's Litigation Procedure - Unions Lack Standing To Sue OPM Over Data Breach, Judge Rules, Dismissing Suit

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 19 dismissed a consolidated class action against the U.S. Office of Personnel Management (OPM) related to a series of 2015 data breaches that compromised employees' personally identifiable information (PII), finding that the two plaintiff...

Mealey's Litigation Procedure - Expert's Testimony On Mine Subsidence Allowed By Federal Judge

WHEELING, W.Va. - An engineering expert can opine that nearby coal-mining operations caused subsidence damage to a couple's property in West Virginia, a federal judge held Sept. 18, finding that the expert's opinion is both reliable and helpful and that the late production of the expert's...

Mealey's Labor & Employment - Insurer Files Answer, Wants Immediate Review Of ACA Lactation Coverage Ruling

SAN FRANCISCO - In a motion seeking interlocutory review, an insurer argues that whether the Patient Protection and Affordable Care Act (ACA) requires an insurer to provide access to lactation services or merely forbids financial barriers to obtaining such services is exactly the type of question the...

Mealey's Litigation Procedure - Judge: Right Of Publicity Act Class Suit Fails Due To Express Consent

CHICAGO - The user of a photo mobile application who consented to sending invitations to all of his contacts in exchange for free storage space cannot now sue the app creator for using his name when contacting his contacts, an Illinois federal judge ruled Sept. 20, finding that the class complaint fails...

Mealey's Litigation Procedure - Conditional Certification Granted In Chicken Catchers' Wage Suit

CHICAGO - An Illinois federal judge on Sept. 18 granted conditional certification in a wage-and-hour lawsuit filed by individuals paid to catch chickens who allege that their piece-rate pay violates the Fair Labor Standards Act (FLSA) (Jimmy R. Nicks, et al. v. Koch Meat Co., Inc., et al., No. 16-6446...

Mealey's Litigation Procedure - Home Health Workers' WARN Act Class Certified By Florida Federal Judge

TAMPA, Fla. - A Florida federal judge on Sept. 18 certified a class of home health workers who sued their former employer under the Worker Adjustment and Retraining Notification (WARN) Act claiming that they were fired without notice and denied pay (Toni Molina, et al. v. Ace Homecare LLC, et al., No...

Mealey's Litigation Procedure - Judge Refuses To Dismiss Brazilian Investor's Action Seeking Confirmation

FORT MYERS, Fla. - A Florida federal judge on Sept. 19 refused to dismiss a Brazilian entity's amended complaint in which it seeks to enforce a $14 million arbitral award, finding that the complaint was not barred by a three-year statute of limitations (Kozma Investmentos, Ltda. v. Edson Pereira...

Mealey's Litigation Procedure - Digital Company Files ICC Investment Arbitration Against Toshiba Corp.

SAN JOSE, Calif. - A California digital company on Sept. 20 announced that its subsidiaries have filed a notice of international arbitration against Toshiba Corp. in relation to flash-memory drive joint ventures.

Mealey's Litigation Procedure - Judge Allows Majority Of Claims To Survive In Securities Class Action

NEW YORK - A federal judge in New York on Sept. 19 substantially rejected a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action has properly pleaded a majority of its federal securities law claims (In re VEON Ltd. Securities Litigation...