LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Pella Says Plaintiffs' Arguments For Reconsideration Have Already Been Rejected

CHARLESTON, S.C. - Pella Corp. says in an opposition brief filed Feb. 16 that a federal judge in South Carolina should not reconsider his Dec. 12 ruling that plaintiffs' experts' opinions about defects in the company's Architect and Designer Series windows are unreliable because the plaintiffs'...

Mealey's Litigation Procedure - Arkansas Top Court Upholds Certification Of City Employee Class In Suit Over Raises

LITTLE ROCK, Ark. - The Arkansas Supreme Court on Feb. 16 upheld a circuit court's certification of a class of city workers suing for breach of contract after mandated raises ended (City of Conway, an Arkansas Municipality v. Richard Shumate, Jr., et al., No. CV-16-284, Ark. Sup., 2017 Ark. LEXIS...

Mealey's Litigation Procedure - Amazon Moves To Quash Discovery Of Echo Recordings In Arkansas Murder Case

BENTONVILLE, Ark. - Citing privacy and free speech concerns, Amazon.com Inc. in a Feb. 17 motion in Arkansas court seeks to quash a police department warrant ordering production of sound recordings and transcripts associated with an Amazon Echo device belonging to the defendant in a murder case (State...

Mealey's Litigation Procedure - Jurisdictional Discovery, More Specific Allegations Required, Judge Says

NEW ORLEANS - Plaintiffs in an asbestos exposure case are entitled to further discovery in an attempt to muster the difficult support they need to overcome jurisdictional issues against one defendant and must amend their complaint to allege more specifics against a second company, a federal judge in...

Mealey's Litigation Procedure - Couple Cannot Pursue Personal Injury Claims From Spray Foam Fumes, Judge Rules

NEW HAVEN, Conn. - A federal judge in Connecticut on Feb. 17 held that a couple could pursue claims that allegedly improper installation of spray polyurethane foam (SPF) insulation in their home resulted in property damage requiring remediation but that they failed to provide causation evidence to show...

Mealey's Litigation Procedure - 8th Circuit Affirms Daubert, Evidence Suppression Rulings In Child Porn Case

OMAHA, Neb. - A trial court properly found that a procedural notice error in the application of a warrant that led to a child pornography conviction did not prejudice the defendant, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 17, upholding the denial of the defendant's motion to suppress...

Mealey's Litigation Procedure - 7th Circuit: No Jurisdiction Over Where Individual Offer Of Judgment Was Accepted

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 17 dismissed the appeal of a trial court's denial of class certification in a lawsuit alleging unlawful detention by an Illinois city, finding that it lacked jurisdiction after the named plaintiff accepted an individual offer of judgment...

Mealey's Litigation Procedure - High Court Rejects Czech Republic's Petition For Review Of Award

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari filed by the Czech Republic-Ministry of Health, which sought review of an appellate court decision that reversed the denial of a petition to confirm a $325 million arbitral award in favor of a Liechtenstein...

Mealey's Litigation Procedure - ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment...

Mealey's Litigation Procedure - Judge Excludes Expert In Trademark Lawsuit For Lack Of Experience

GREENBELT, Md. - A federal judge in Maryland on Feb. 21 excluded the testimony of an expert in a trademark infringement lawsuit on grounds that his opinions were "non-substantiated proclamations on the ultimate questions of law and he lacked the requisite training education or experience in the...

Mealey's Litigation Procedure - Federal Judge Rejects Motorola's Request For Daubert Hearing

MARSHALL, Texas - A Texas federal judge on Feb. 21 partially granted a motion to exclude testimony on damages in a patent infringement case, but found that most of the expert's opinions did not justify exclusion under Daubert v. Merrell Dow Pharms. Inc. before trial (Saint Lawrence Communications...

Mealey's Litigation Procedure - New York Federal Judge Enforces Arbitration In Laptop Battery Dispute

ROCHESTER, N.Y. - A New York man who alleges that he and other consumers were duped about the expected battery life for their laptops is bound by an arbitration clause and may not proceed with his class complaint, a New York federal judge ruled Feb. 17 (Charles Andersen v. Walmart Stores, Inc., et al...

Mealey's Litigation Procedure - Chartered Institute Of Arbitrators Releases New Guidelines On Appointments

LONDON - The Chartered Institute of Arbitrators (CIArb) on Feb. 22 announced that it has published new guidelines on the appointment of arbitrators.

Mealey's Litigation Procedure - Judge Dismisses Proposed Class Action Suit Over Faulty Air Conditioning Coils

AUGUSTA, Ga. - A federal judge in Georgia on Feb. 22 dismissed without prejudice a proposed class action suit accusing Daikin Industries Ltd. (DIL), Daikin Applied Americas Inc. (DAA) and Daikin North Americas LLC (DNA) of making and selling air conditioning units with faulty evaporator coils, ruling...

Mealey's Litigation Procedure - London Market Reinsurers Say Arbitration Witness Was Convicted Of Fraud

NEW YORK - A group of London market reinsurers on Feb. 20 brought to the attention of a federal court in New York that the lead witness in a reinsurance arbitration has recently been convicted of conspiracy and securities and wire fraud (Certain Underwriting Members at Lloyd's, London v. Insurance...

Mealey's Litigation Procedure - Panel: Alleged Misstatements In Securities Class Action Were Forward-Looking

CINCINNATI - A federal district court did not err in dismissing a securities class action lawsuit because shareholders failed to plead scienter and the defendants' alleged misleading statements were forward-looking and protected, a Sixth Circuit U.S. Court of Appeals panel ruled Feb. 21 in affirming...

Mealey's Litigation Procedure - 9th Circuit Stays Cymbalta Class Withdrawal Appeal Pending Supreme Court Case

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 21 stayed an appeal in a Cymbalta withdrawal class action pending a U.S. Supreme Court ruling in a case with a similar issue (Melissa Strafford, et al. v. Eli Lilly and Company, No. 15-56808, 9th Cir.).

Mealey's Litigation Procedure - Judge: Tainted Groundwater Case Valid; Damages Allowed Against Some Defendants

NEW ORLEANS - A federal judge in Louisiana on Feb. 21 partially granted and partially denied motions to dismiss claims brought by a class of residents who contend that Chevron USA Inc. and related companies are liable for contaminating their groundwater with naturally occurring radioactive material ...

Mealey's Litigation Procedure - Judge: Most Of Amtrak's Claims Of Attorney-Client Privilege Should Be Sustained

BROOKLYN, N.Y. - A New York federal judge on Feb. 17 found that most of Amtrak's claims of attorney-client privilege should be sustained with some exceptions, adopting the majority of a special master's report and recommendation in a coverage dispute over environmental contamination (Certain...

Mealey's Litigation Procedure - Class Suit Over Insurance Payments For Diminished Values Is Kept In Federal Court

WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 22 denied a motion to remand a class complaint accusing an insurer of breach of contract for failing to pay its insureds for the diminished value of their vehicles, finding that the amount in controversy exceeds $5 million (Evna T. LaVelle...

Mealey's Litigation Procedure - Judge Rejects Insurer's Request To Exclude Testimony On Sinkholes

TAMPA, Fla. - A Florida federal judge on Feb. 22 denied an insurer's motion to exclude expert testimony on sinkhole damage, finding that the expert's methodology is reliable and that the testimony will assist a trier of fact (Goetz D. Vehse v. Liberty Mutual Fire Insurance Company, No. 8:16-cv...

Mealey's Litigation Procedure - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb....

Mealey's Litigation Procedure - Magistrate Judge Largely Limits Discovery Requests In Ford Asbestos Case

BALTIMORE - While Ford Motor Co. must respond to discovery requests in an asbestos action, the plaintiffs' requests are overly broad and the company's responses can be limited to the vehicles and times in question, a federal magistrate judge in Maryland said Feb. 21 (Helen Thomas Fish, et al...

Mealey's Litigation Procedure - Federal Judge Stays Discovery In Professional Liability Insurance Coverage Dispute

TULSA, Okla. - A federal judge in Oklahoma on Feb. 21 granted a professional liability insurer's motion to stay discovery pending resolution of its motion for summary judgment in a dispute over coverage for an underlying breach of contract suit brought against the insured by a former business partner...

Mealey's Litigation Procedure - California Federal Magistrate Denies Motion To Compel In Pokemon Copyright Case

SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon...