LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Expert In Texas Patent Case Cleared To Testify To $1.5 Billion In Damages

MARSHALL, Texas - Efforts by Samsung Electronics Co. Ltd. and other defendants to bar an expert from testifying that they owe at least $1.5 billion in damages for patent infringement were unsuccessful on June 5, when a Texas federal magistrate judge denied their joint, sealed motion to exclude (Kaist...

Mealey's Litigation Procedure - Class Suing State Farm For Life Insurance Overcharges Awarded More Than $34M

JEFFERSON CITY, Mo. - A Missouri federal jury on June 6 awarded a class of State Farm Life Insurance Co. policyholders more than $34 million on claims that they were systematically overcharged for more than two decades (Michael G. Voght, et al. v. State Farm Life Insurance Company, No. 16-4170, W.D....

Mealey's Litigation Procedure - Judge Slices Most Of Expert's Opinions In Wrongful Death Suit Against Jail

WAYCROSS, Ga. - An expert for a widower in a wrongful death action against medical personnel had most of his opinions trimmed from his expert report June 6 by a Georgia federal judge due to lack of compliance with Federal Rule of Evidence 702, Fed. R. Evid. 702 (Sredrick Jones v. Wallace Steve Anderson...

Mealey's Litigation Procedure - Louisiana Panel: Allowance Of Oyster Expert Proper In Suit Against Oil Driller

NEW ORLEANS - An oyster biologist has ample qualifications, and his methods to determine whether oil well activity killed most of the oysters in a couple's oyster beds are sound, a Louisiana appeals court panel held June 6 in affirming judgment for the couple on their negligence claims against a...

Mealey's Litigation Procedure - Judge Refuses To Confirm Award Issued Against India In Natural Gas Dispute

WASHINGTON, D.C. - A District of Columbia federal judge on June 7 refused to confirm a Malaysian arbitral award issued against the government of India and its Ministry of Petroleum and Natural Gas, finding that enforcing specific performance of a part of the award, which would require India to allow...

Mealey's Litigation Procedure - Deutsche Bank Awarded Partial Summary Judgment Over Alleged ERISA Violations

NEW YORK - A federal judge in New York on June 6 awarded partial summary judgment to Deutsche Bank Americas Holding Corp. and its co-defendants on allegations that they violated the Employee Retirement Income Security Act by engaging in prohibited transactions when overseeing a 401(k) plan, finding that...

Mealey's Litigation Procedure - Final Approval Of TCPA Class Settlement With Only 211 Validated Claims Denied

MIAMI - A Florida federal judge on June 7 declined to grant final approval to a proposed $1.2 million Telephone Consumer Protection Act (TCPA) settlement after only 211 claims were validated, totaling $27,430, ruling that class counsel failed to show that there was sufficient evidence made to reach other...

Mealey's Litigation Procedure - Transfer Granted In Class Suit Seeking Benefits For Pilots During Military Leave

PHOENIX - An Arizona federal judge on June 7 granted a motion by American Airlines Inc. (AA) to transfer a proposed class complaint by pilots seeking vacation time accrual and bonuses during military leaves to the U.S. District Court for the Northern District of Texas (John E. Hoefert v. American Airlines...

Mealey's Litigation Procedure - Shingle Maker Awarded Summary Judgment In Class Action Suit Over Alleged Defect

ATLANTA - A federal judge in Georgia on June 8 awarded summary judgment to Atlas Corp. after finding that an Ohio man was unable to show that an alleged defect in the shingles installed on his home caused a leak that required the roof to be replaced (In re Atlas Roofing Corp. Chalet Shingle Products...

Mealey's Litigation Procedure - High Court Limits American Pipe Tolling For Class Actions

WASHINGTON, D.C. - Putative class members may not file a new class action lawsuit outside the applicable statute of limitations in lieu of joining an existing class action lawsuit or filing an individual action, the U.S. Supreme Court ruled on June 11, overturning a federal circuit court's determination...

Mealey's Litigation Procedure - Legal Conclusions Doom Most Of Expert's Opinions In Police Practices Case

ST. LOUIS - A police practices expert for a motorist who was run off a highway during a police chase and then mistakenly arrested cannot testify about the reasonableness of the conduct of the officers involved, a Missouri federal magistrate judge ruled June 8, saying the expert's opinions mostly...

Mealey's Litigation Procedure - Investors Ask D.C. Federal Court To Enforce $233M Award Issued Against Venezuela

WASHINGTON, D.C. - Two companies from Portugal and Luxembourg on June 8 filed a petition in a District of Columbia federal court to confirm a $233,975,416 arbitral award issued in their favor and against the Bolivarian Republic of Venezuela by the International Centre for Settlement of Investment Disputes...

Mealey's Litigation Procedure - Majority: CBAs Unambiguously Do Not Provide For Lifetime Retiree Health Care Benefits

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on June 8 reversed a lower court's finding that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant, concluding...

Mealey's Litigation Procedure - Lipitor MDL Plaintiffs Lose On Appeal As 4th Circuit Upholds Experts' Rejection

RICHMOND, Va. - Finding no abuse or error in a federal judge's exclusion of the causation opinions of three experts for thousands of women seeking to hold Pfizer Inc. liable for their diabetes, which they say was caused by using the popular cholesterol drug Lipitor, the Fourth Circuit U.S. Court...

Mealey's Litigation Procedure - 4th Circuit Upholds Arbitration Denial In Cable Tech's Pay Class Suit

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 12 affirmed denial of a motion to compel arbitration in a wage-and-hour class complaint by a cable technician, ruling that the technician's claims don't rely on the agreements he signed that reference arbitration and the district...

Mealey's Litigation Procedure - Understaffed Nursing Homes Class Complaint Is Dismissed For Lack Of Injury

LITTLE ROCK, Ark. - An Arkansas federal judge on June 12 granted a motion for judgment on the pleadings by the defendants in a proposed class complaint accusing four nursing homes of failing to adequately staff their facilities, ruling in part that the plaintiffs failed to plead any injuries (James Green...

Mealey's Litigation Procedure - Attorney's Deposition Partly Compelled In Suit Over Water Ride Patent

SAN DIEGO - A California federal magistrate judge on June 8 found that a patent owner's counsel did not waive attorney-client privilege regarding certain proceedings before the U.S. Patent and Trademark Office (PTO) over a water park ride patent, partly denying a motion to compel his deposition but...

Mealey's Litigation Procedure - Magistrate Orders Telecom To Supplement Discovery In Contract Dispute

ORLANDO, Fla. - A telecommunications firm failed to establish its assertions of attorney-client and work product privilege in certain documents sought via discovery in a breach of contract suit brought by a former client, a Florida federal magistrate judge ruled June 12, mostly granting the plaintiff's...

Mealey's Litigation Procedure - Justice: Auto Makers Must Answer Asbestos Plaintiff's Jurisdictional Discovery

NEW YORK - Two automakers did not file timely objections to an order requiring them to respond to jurisdictional discovery requests, but regardless, the motions are at least likely to produce admissible evidence, a New York justice held in an opinion posted June 12 and affirming a special master's...

Mealey's Litigation Procedure - Defendant In Trade Secrets Lawsuit Found To Have Complied With Discovery Order

RICHMOND, Va. - Discovery sanctions in a trade secrets misappropriation lawsuit are not warranted because a door skin manufacturer failed to show that its competitor violated any discovery orders requiring it to state with the requisite specificity what trade secrets it sought to present as part of its...

Mealey's Litigation Procedure - Home Builder Removes Class Action Suit Over Stucco, Says Damages Exceed $5M

ORLANDO, Fla. - Centex Real Estate Co. LLC on June 11 removed a class action suit accusing the builder and contractors of improperly installing the stucco on 137 homes in an Apopka, Fla., development, arguing that the federal court has jurisdiction over the case under the Class Action Fairness Act (CAFA...

Mealey's Litigation Procedure - Louisiana Federal Judge Orders Disability Insurer To Supplement Responses

NEW ORLEANS - A Louisiana federal judge on June 13 ordered a disability insurer to supplement its answers to a disability claimant's interrogatories to include communications with all attorneys consulted regarding the participant's claim for benefits (Anne Wittmann v. Unum Life Insurance Company...

Mealey's Litigation Procedure - Intuitive Surgical Settles Da Vinci Securities Class Action For $42.5M

SAN JOSE, Calif. - Intuitive Surgical Inc. on June 13 announced that it reached an agreement in principle to settle a securities class action for $42.5 million (In Re: Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.).

Mealey's Litigation Procedure - Swedish Court Suspends $2.6B Award For Ukraine's Gas Company

STOCKHOLM, Sweden - Gazprom of Russia on June 15 announced that a Swedish court has granted its request to suspend the enforcement of a $2.6 billion arbitration award issued in a dispute over a contract for gas transit.

Mealey's Litigation Procedure - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation...