LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Finds Asbestos Claims Against English Insurer Related To Arbitration Clause

NEW ORLEANS - A Louisiana federal judge on March 16 found that an English insurer's removal of a former machinist's asbestos-related claims from a state court was appropriate, finding that the dispute could relate to an underlying arbitration agreement contained in an insurance policy (James...

Mealey's Litigation Procedure - 4th Circuit Finds Gambling In Virtual Casino Was Not A Monetary Loss

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on March 17 affirmed dismissal of a complaint filed by a player of a video game, finding that her claims for recovery of money spent in a virtual casino did not constitute money lost under Maryland's loss-recovery statute (Mia Mason v. Machine...

Mealey's Litigation Procedure - Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict

FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell...

Mealey's Litigation Procedure - Judge Excludes Urologist's Testimony On Inefficacy Of Remedies In Drug Patent Suit

MARSHALL, Texas - Although a urologist's testimony on the inefficacy of natural and herbal remedies was barred in a patent infringement case over a drug's marketing, a Texas federal judge on March 17 allowed the urologist to testify as to the drug's marketing (Erfindergemeinschaft UroPep...

Mealey's Litigation Procedure - Cert Denied For 7th Circuit's Rejection Of Immunity Waiver In Credit Act Suit

WASHINGTON, D.C. - A Seventh Circuit U.S. Court of Appeals ruling that an Indian tribe's sovereign immunity bars a man's class action claims that the tribe violated the Fair and Accurate Credit Transaction Act (FACTA) by printing identifying information on his credit card receipts will stand...

Mealey's Litigation Procedure - Federal Judge Excludes Engineer's Testimony On Safety In Area At Sea World

SAN DIEGO - A safety engineer and accident reconstruction expert may not testify regarding Sea World LLC's liability relating to the safety of an area at the time of a woman's accident while visiting the park, a California federal judge held March 17 (Eusebia Baltazar v. Sea World Parks Entertainment...

Mealey's Litigation Procedure - Proposed Attorney Fees Reduced By Almost A Third Following TCPA Settlement

PHILADELPHIA - While a Telephone Consumer Protection Act (TCPA) class settlement agreement reached in a lawsuit against a water ice company allowed for class counsel to seek attorney fees and expenses up to $1 million, the class counsel are entitled to only $651,000 in fees and $40,073.97 in expenses...

Mealey's Litigation Procedure - Judge Confirms $5.7M Award For UEA Food Products Distributor

NEW YORK - A New York federal judge on March 17 confirmed a $5,733,023 arbitral award issued in favor of a United Arab Emirates (UAE) company in a dispute over the termination of a food distribution agreement, but refused to award it sanctions, finding that the other party's motion to vacate the...

Mealey's Litigation Procedure - Judge Certifies Class In Big Lots Securities Class Action Lawsuit

COLUMBUS, Ohio - Class certification in a shareholder lawsuit against a broad line closeout retailer and certain of its executive officers is proper because the lead plaintiff in the action has met all statutory requirements needed for certification, a federal judge in Ohio ruled March 17 (Alan Willis...

Mealey's Litigation Procedure - Federal Judge Rules On Dueling Summary Judgment Motions In Hailstorm Dispute

JEFFERSON CITY, Mo. - A Missouri federal judge on March 16 granted in part and denied in part motions for summary judgment by insureds and a homeowners insurer in a class action alleging that the insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual...

Mealey's Litigation Procedure - Judge Refuses To Strike Widow's Expert's Testimony On Access To Data

CHICAGO - A federal judge in Illinois overseeing a trial claiming that a former Reed Smith partner's use of the antidepressant Paxil caused him to commit suicide in 2010 on March 20 denied the drug maker's motion to strike portions of testimony from a plaintiff's expert of the amount of data...

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts...

Mealey's Litigation Procedure - Judge Rules On Motions To Exclude Testimony In Putative Class Action

TRENTON, N.J. - A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089...

Mealey's Litigation Procedure - Federal Judge Allows Expert Opinion On Stock Trade In Class Action Securities Suit

COLUMBUS, Ohio - An economic expert may opine as to whether the market in which a company's stock traded was efficient during a class period and whether it is possible to calculate damages on a classwide basis for purposes of liability, an Ohio federal judge ruled March 17 (Alan Willis v. Big Lots...

Mealey's Litigation Procedure - California Federal Judge Denies Decertification, Finds Vendors Are Employees

SAN FRANCISCO - A network of "vendors" who perform maintenance and repair services at properties owned by Field Asset Services Inc. (FAS) are employees, not independent contractors, and are owed overtime and business expenses, a California federal judge ruled March 17 in an order granting the...

Mealey's Litigation Procedure - Drug Makers, Benefit Managers Hit With Class Suit Alleging Insulin Pricing Scheme

NEWARK, N.J. - Three drug makers and the three largest pharmacy benefit managers have engaged in a pricing scheme to drive up the cost of diabetes insulin - by more than 150 percent in the last five years - in violation of the Racketeer Influenced and Corrupt Organizations Act, the Employee Retirement...

Mealey's Litigation Procedure - ICSID Finds Pakistan Violated Treaty, Will Proceed To Damages Phase

TORONTO - The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses.

Mealey's Litigation Procedure - Reinsurer: Insurer Did Not Tell Of Trial Witnesses Until After End Of Discovery

SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on March 17 for permission to file a letter motion asking the court to disqualify certain trial witnesses that were not revealed until after the end of discovery or, in the alternative, allow the reinsurer to depose the witnesses (Utica Mutual...

Mealey's Litigation Procedure - High Court Hears Arguments On Jurisdiction Of Dismissed Defective Xbox Class Action

WASHINGTON, D.C. - The U.S. Supreme Court on March 21 heard arguments from Microsoft Corp. and a class of owners of allegedly defective Xbox gaming systems as to whether an appeals court has jurisdiction to consider a class certification appeal after the plaintiffs have voluntarily dismissed their claims...

Mealey's Litigation Procedure - Magistrate Judge Allows Testimony On Claimed Process In Patent Infringement Suit

TYLER, Texas - In a patent infringement lawsuit, an expert may provide opinions "based on his technical knowledge and expertise" as to the technical advantages of a claimed process of forming circuitry used in controlling liquid crystal displays (LCDs), a Texas federal magistrate judge ruled...

Mealey's Litigation Procedure - Without Expert Testimony, Judge Grants Judgment On Product Liability Claims

HARTFORD, Conn. - Finding that a plaintiff's expert is not qualified to testify about "handheld circular saw safety, the efficacy or necessity of riving knives on such products, or the sufficiency of warning labels" to support design defect and failure-to-warn claims, a Connecticut federal...

Mealey's Litigation Procedure - English Oil Company Commences Treaty Arbitration Against Italy

LONDON - An English exploration company on March 23 announced that it has commenced arbitration against the Republic of Italy, asserting that it breached the Energy Charter Treaty (ECT).

Mealey's Litigation Procedure - 3rd Circuit Affirms Contempt Judgment For Refusal To Decrypt Devices

PHILADELPHIA - A child pornography suspect was correctly found to be in contempt when he refused to comply with a court order requiring him to provide law enforcement with access to external hard drives, a Third Circuit U.S. Court of Appeals panel ruled March 20, finding that the defendant's rights...

Mealey's Litigation Procedure - Partial Summary Judgment Granted In Apple IPhone Antitrust Class Action

OAKLAND, Calif. - A California federal judge on March 22 granted in part a motion for summary judgment by Apple Inc., finding that the plaintiffs in a putative antitrust class action failed to establish the primary alleged aftermarket for iPhone voice and data services related to claimed service exclusivity...

Mealey's Litigation Procedure - Some Flint Water Defendants: Local Controversy Exception Applies To Class Action

DETROIT - Some of the defendants sued by residents of Flint, Mich., in connection with the lead-contaminated drinking water in that city filed a brief in Michigan federal court on March 21, arguing that the lawsuit meets the local controversy exception to the Class Action Fairness Act (CAFA) and, therefore...