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Mealey's Litigation Procedure - Lightning Strike Opinions Reliable, 11th Circuit Says In Faulty Pipe Case

ATLANTA - A metallurgy and engineering expert in a dispute over whether lightning striking a faulty gas line caused a fire that destroyed a home is abundantly qualified and his opinions are reliable and helpful, the 11th Circuit U.S. Court of Appeals held Jan. 10 in affirming a $1.4 million jury award...

Mealey's Litigation Procedure - Class Of Eddie Bauer Employees Certified In Bag Check Suit

SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege...

Mealey's Litigation Procedure - N.J. Federal Judge Tosses Sherman Act Class Suit Over Range Rover Overseas Resales

NEWARK, N.J. - A Range Rover owner who alleged that the car marker's contract for buyers barring them from reselling their vehicles overseas violates the Sherman Act and numerous state antitrust and consumer protection laws may not proceed with his class claims because he failed to allege actions...

Mealey's Litigation Procedure - No Stay In Wages Class Suit While California High Court Considers Questions

SACRAMENTO, Calif. - A California federal judge on Jan. 10 denied a motion to stay a certified class action seeking wages for time spent going through bag checks and unreimbursed business expenses pending decisions by the California Supreme Court in two cases concerning wages, finding "a fair possibility"...

Mealey's Litigation Procedure - Microsoft To Supreme Court: SCA Does Not Permit Seizure Of Foreign-Stored Emails

WASHINGTON, D.C. - In a Jan. 11 respondent brief, Microsoft Corp. asks the U.S. Supreme Court to affirm the Second Circuit U.S. Court of Appeals' finding that the Stored Communications Act (SCA) does not permit the government to seize, via warrant, emails that are stored abroad, arguing that altering...

Mealey's Litigation Procedure - New York Federal Judge Confirms $3M ICDR Arbitration Award For GE

NEW YORK - A New York federal judge on Jan. 12 granted a petition filed by General Electric Co. to confirm a $3,051,817.22 arbitral award issued against Japanese entities in relation to their failure to defend and indemnify GE pursuant to the terms of a manufacturing contract for appliances (General...

Mealey's Litigation Procedure - Florida Federal Magistrate Denies Motion To Strike Class, Subclass In TCPA Suit

ORLANDO, Fla. - A Florida federal magistrate judge on Jan. 11 denied a motion by Cigna Corp. to strike a proposed class and subclass in a lawsuit accusing the company of violating the Telephone Consumer Protection Act (TCPA) by placing automated calls to individuals who did not give their consent and...

Mealey's Litigation Procedure - Participant To High Court: Foot Locker Concealed Pension Plan Changes

WASHINGTON, D.C. - Changes by Foot Locker Inc. and Foot Locker Retirement Plan (collectively, Foot Locker) to a pension plan were concealed from employees, and a trial court did not err when it found that the misconduct constituted equitable fraud and violated the Employee Retirement Income Security...

Mealey's Litigation Procedure - Magistrate Judge Denies Protection On Reinsurance Participation Agreement

SACRAMENTO, Calif. - In two putative class actions, a California federal magistrate judge ruled Jan. 12 that insurers are not entitled to a protective order regarding submission of a reinsurance participation agreement (RPA) (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., Nos. 16-00158...

Mealey's Litigation Procedure - Investor Failed To Plead Misstatements, Scienter In Securities Suit, Judge Rules

NEW YORK - A lead plaintiff in a securities class action lawsuit against an energy company and certain of its current and former executive officers failed to plead any material misrepresentation or omissions or scienter to support his federal securities law claim that the defendants concealed that the...

Mealey's Litigation Procedure - Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action

ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other...

Mealey's Litigation Procedure - Ogletree Attorney Seeks More Than $300 Million In Equal Pay Act Class Lawsuit

SAN FRANCISCO - Ogletree, Deakins, Nash, Smoak & Stewart favors men in pay, promotions and other opportunities, and leadership fosters an environment where women are marginalized and demeaned, one female attorney and nonequity shareholder of the firm alleges in her class and collective action complaint...

Mealey's Litigation Procedure - Woman Who Kept Girls As Slaves Fails In Attack On 'Trauma Bond' Testimony

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 affirmed the guilty verdicts and six-year prison sentence for a woman who kept illegal Mexicans in her home, where she abused them and forced them to perform slave labor, after finding that the trial court did not abuse its discretion in...

Mealey's Litigation Procedure - Parties Settle Dispute Over $18M ICC Award Issued Over Tunnel Excavation Claims

MIAMI - A Florida federal judge on Jan. 12 granted a joint motion to dismiss a petition to vacate and a cross-petition to confirm a $18,068,685 international arbitral award issued in a dispute over a contract for the excavation of tunnels as part of a project for the construction of a hydroelectric plant...

Mealey's Litigation Procedure - N.J. Federal Judge Sends FACTA Receipt Class Suit Back To Illinois State Court

NEWARK, N.J. - A New Jersey federal judge on Jan. 11 adopted a federal magistrate judge's recommendations and sent a class complaint alleging that the printing of more than five digits of credit card numbers on receipts violated the Fair and Accurate Credit Transactions Act (FACTA) amendment to the...

Mealey's Litigation Procedure - Domino's Franchisor Hit With Class Suit By Delivery Driver For Reimbursements

DENVER - A Domino's Pizza franchisor employs a flawed method to determine its per-trip reimbursement rate for its delivery drivers, causing their wages to fall below minimum wage during some or all workweeks, a former driver alleges in her class complaint filed Jan. 15 in the U.S. District Court...

Mealey's Litigation Procedure - Earnings Call Statements Not Protected By Safe Harbor Provision, Judge Rules

NEWARK, N.J. - Statements made by defendants in a securities class action lawsuit against a pet food company and certain of its executive officers in 2015 investor earnings calls were not forward-looking or protected by the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA...

Mealey's Litigation Procedure - Parties Agree To $110M Accounting Fraud Class Action Settlement

NEW YORK - A data and metrics provider for the media, advertising and marketing industries will pay $110 million to settle claims that it and certain of its current and former officers and directors violated federal securities law by engaging in a massive accounting fraud, lead plaintiffs claim in a...

Mealey's Litigation Procedure - Securities Suit Remanded For Proper Application Of Basic Reliance Standard

NEW YORK - It is unclear whether a federal district court properly applied the correct standard in determining that defendants in a securities class action lawsuit failed to properly rebut the presumption of reliance by a preponderance of the evidence as required pursuant to the U.S. Supreme Court's...

Mealey's Litigation Procedure - Aetna Will Pay $17 Million To End Privacy Class Suit By HIV Patients

PHILADELPHIA - Aetna Inc. and related entities (Aetna, collectively) have agreed to pay $17,161,200 to settle privacy claims by more than 13,400 class members whose HIV status was revealed by the insurer through an indiscreet mailing, according to a motion for preliminary approval of a class action settlement...

Mealey's Litigation Procedure - Magistrate Strikes Some Expert Testimony In Ticket Sales Patent License Row

MARSHALL, Texas - A Texas federal magistrate judge on Jan. 17 granted in part a motion by a patent holder to exclude testimony from a ticket distributor's computer-programming expert in a dispute over a license agreement, ruling that the expert cannot offer opinions about a key term in the agreement...

Mealey's Litigation Procedure -Nursing Home Network Alleges HFS Director Failed To Provide Medicaid Benefits

CHICAGO - A network of nursing home facilities on Jan. 12 filed a class action complaint in an Illinois federal court on behalf of nursing home residents who filed applications for Medicaid benefits, arguing that the director of the Illinois Department of Healthcare and Family Services (HFS) failed to...

Mealey's Litigation Procedure - Residents: Company Should Be Compelled To Produce Expert's Documents In Water Case

GREENVILLE, Miss. - Mississippi residents who sued a company alleging that it is liable for groundwater contamination filed a brief in Mississippi federal court on Jan. 16 seeking to compel the production of documents related to expert testimony (Joe E. Sledge, et al. v. Meritor Inc., et al., No. 16...

Mealey's Litigation Procedure - Temporary Restraining Order Bars Communication With Class In Wage-And-Hour Suit

SAN DIEGO - A California federal judge on Jan. 17 granted a motion for a temporary restraining order (TRO) barring the defendants' counsel in a wage-and-hour suit from contacting potential class members, finding that there could be irreparable harm (Tyrell Glass, et al. v. FMM Enterprises, Inc.,...

Mealey's Litigation Procedure - Company: Chemical Injury Claims Barred By Statute Of Limitations

NEW YORK - A chemical company filed a brief in New York federal court on Jan. 16 arguing that the district court should reconsider its ruling that determined that personal injury claims related to chemical exposure allegedly suffered on banana plantations were not barred by the statute of limitations...