LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Newspaper's FOIA Suit Over Officers' Mug Shots Denied Certiorari

WASHINGTON, D.C. - In its May 22 order list, the U.S. Supreme Court denied a newspaper's petition for certiorari over privacy rights connected to Freedom of Information Act (FOIA) requests for booking photos, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found an FOIA exemption...

Mealey's Litigation Procedure - Split 9th Circuit Panel Rejects Remand To Narrow Class Definition

SAN FRANCISCO - Plaintiffs may not seek to narrow a class to escape federal jurisdiction after a complaint has already been properly removed to federal court, a split Ninth Circuit U.S. Court of Appeals panel ruled May 18 (Broadway Grill, Inc. v. Visa Inc., et al., No. 17-15499, 9th Cir., 2017 U.S. App...

Mealey's Litigation Procedure - 8th Circuit Reverses, Says Report On Spread Of Fracking Waste Is Reliable

ST. LOUIS - A federal court wrongly excluded an expert witness for an Arkansas couple accusing a hydraulic fracturing company of trespass and improperly awarded summary judgment to the company based on the couple's lack of sufficient evidence, the Eighth Circuit U.S. Court of Appeals held May 22...

Mealey's Litigation Procedure - Ohio Appellate Panel Reverses Class Certification In Traffic Camera Suit

CLEVELAND - The lead named plaintiff in a class complaint accusing the city of Cleveland of using traffic cameras that violate the notice requirements of Cleveland Codified Ordinances (CCO) 413.031 is precluded from seeking judicial review and does not meet the requisite typicality requirement that would...

Mealey's Litigation Procedure - Frozen Foods Company Will Pay $4.5 Million To Settle Class Wage Claims

FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona...

Mealey's Litigation Procedure - Class' New York State Wage Claims Are Transferred To California Federal Court

NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al...

Mealey's Litigation Procedure - Yahoo Moves To Dismiss Data Breach Class Action For Lack Of Standing

SAN JOSE, Calif. - A consolidated class action over three announced data breach incidents fails for lack of standing because the plaintiffs have not alleged any resulting injury or damages, Yahoo Inc. says in a May 22 motion in California federal court, seeking dismissal for lack of standing under Article...

Mealey's Litigation Procedure - ICSID Issues 1st Order In Laos Gaming Industry Arbitration

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 19 released the first procedural order in an arbitration commenced by Lao Holdings N.V. against the Lao People's Democratic Republic in relation to the alleged breach of a settlement agreement...

Mealey's Litigation Procedure - Federal Judge Confirms $2.9M Award In Favor Of Verasonics Inc.

SEATTLE - A Washington federal judge on May 19 granted a petition filed by the maker of ultrasound devices and technology to medical researchers to confirm a $2,914,000 arbitral award issued in relation to a breach of nondisclosure agreements (Verasonics Inc. v. Alpinion Medical Systems Co., Ltd., No...

Mealey's Litigation Procedure - PCA Holds 1st Meeting In UNCLOS Arbitration Filed Against Russia

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 22 said that it has held the first meeting in an arbitration commenced by the Ukraine against the Russian Federation in a dispute over coastal state rights, establishing a procedural framework for the case (Ukraine v. The Russian...

Mealey's Litigation Procedure - PCA Reaches Cooperation Agreement With Istanbul Arbitration Centre

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on May 18 said that it has reached a cooperation agreement with the Istanbul Arbitration Centre (ISTAC).

Mealey's Litigation Procedure - Judge: Defendants' Alleged Misrepresentations Not Actionable In Securities Suit

NEWARK, N.J. - Lead plaintiffs in a securities class action lawsuit against a pharmaceutical company and its CEO have failed to plead any material misstatements or omissions in arguing that the defendants misrepresented that the company's new drug was expected to gain U.S. Food and Drug Administration...

Mealey's Litigation Procedure - Firms: Circuit Split 'Stark And Wide'; High Court Must Hear Flint Water Lawsuit

WASHINGTON, D.C. - The engineering firms asking the U.S. Supreme Court to hear their case against residents of Flint, Mich., regarding liability for the lead-contaminated water crisis in that city on May 22 filed their reply brief contending that the Sixth Circuit U.S. Court of Appeals' decision...

Mealey's Litigation Procedure - Birth Defects Claims Against Drugmaker Doomed By Insufficient Expert Opinions

BROOKLYN, N.Y. - Two medical experts lack the qualifications and reliable methodology to opine that a mother's use of an anti-epileptic drug linked to birth defects caused her son's severe birth defects, so summary judgment for the drugmaker is warranted on the mother's failure-to-warn claims...

Mealey's Litigation Procedure - Injunctive Relief, Warranty Claims Dismissed In Supplements Labeling Suit

CHICAGO - An Illinois federal judge on May 19 denied motions to strike and granted in part and denied in part dismissal motions in a herbal supplement labeling suit, finding the plaintiffs may rely on testing conducted by the New York attorney general (NYAG) (In Re: Herbal Supplements Marketing and Sales...

Mealey's Litigation Procedure - U.S. Government Says SCA Permits Subpoena Of Foreign-Stored Google Data

SAN FRANCISCO - A California federal magistrate judge properly found that Google Inc. could be subpoenaed to provide foreign-stored user data under the Stored Communications Act (SCA), the U.S. government says in a May 19 brief opposing Google's motion for de novo review of the magistrate's ruling...

Mealey's Litigation Procedure - ICSID Registers ECT Arbitration Against Italy Over Production Concession

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 19 registered a request by an English exploration entity, commencing arbitration under the Energy Charter Treaty (ECT) against the Republic of Italy (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd...

Mealey's Litigation Procedure - Solar Energy Firms Ask New York Federal Court To Confirm $143M ICSID Award

NEW YORK - A United Kingdom entity and a Luxembourg company on May 19 filed a petition in a New York federal court, seeking to confirm a $143,302,395 international arbitral award issued in their favor and against the Kingdom of Spain (Eiser Infrastructure Limited, et al. v. Kingdom of Spain, No. 1:17...

Mealey's Litigation Procedure - California Federal Judge Sides With Plaintiff In Trademark Case

LOS ANGELES - A dispute between competing car clubs over the "Stylistics" trademark was resolved in favor of a plaintiff on May 23, when a California federal judge awarded summary judgment (Gilbert Lerma Jr. v. Ernie Armijo, et al., No. 15-9953, C.D. Calif., 2017 U.S. Dist. LEXIS 77575).

Mealey's Litigation Procedure - Panel Reverses, Says Tenants In Lead-Paint Case May Compel Discovery From Landlord

NEW YORK - An appeals panel in New York on May 23 reversed a lower court's ruling and concluded that tenants who sued their landlord alleging injuries from exposure to lead-based paint had made a valid request to compel discovery pertaining to potential lead violations in the entire building where...

Mealey's Litigation Procedure - Immigration Order Class Suit Is Stayed Pending Hawaii's Appeal

SEATTLE - A Washington federal judge on May 22 stayed a class suit filed by three minors objecting to President Donald J. Trump's immigration-related executive orders pending a ruling in Hawaii v. Trump, No. 17-15589 (9th Cir.) (Juweiya Abdiaziz Ali, et al. v. Donald Trump, et al., No. 17-135, W...

Mealey's Litigation Procedure - Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims

SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary...

Mealey's Litigation Procedure - Missouri Federal Judge Remands Class Suit Over Slack-Filled Welch's Fruit Snacks

ST. LOUIS - A class complaint accusing Welch Foods Inc. and the company that produces, markets and distributes Welch's Fruit Snacks of underfilling the boxes of snacks belongs in state court because the Class Action Fairness Act's (CAFA) amount in controversy is not met, a Missouri federal judge...

Mealey's Litigation Procedure - Mass Transit Operator Accused Of Data Collection Via Smartphone App

OAKLAND, Calif. - San Francisco Bay Area Rapid Transit District (BART) was hit with a putative class complaint in California federal court May 22, with one of its mass transit passengers claiming that the organization's smartphone application surreptitiously collects the International Mobile Equipment...

Mealey's Litigation Procedure - Judge Substantially Denies Motion To Dismiss In IPO Stock Drop Suit

NEW YORK - A pension fund has properly pleaded a majority of its federal securities law claims alleging that a company, certain of its officers and directors and the underwriters of its initial public offering (IPO) concealed from investors that the company was expected to see a tax increase that would...