LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Arizona Court Finds Detectives' Testimony Satisfies Evidence Rule

PHOENIX - An Arizona court on April 20 affirmed a man's convictions and sentences, finding that a trial court did not err when it allowed two detectives to testify that a substance they found in his car was marijuana (State of Arizona v. Shamar Terrek Norris, No. 16-0238, Ariz. App., Div. 1, 2017...

Mealey's Litigation Procedure - State Farm Tells Texas Supreme Court ESI Protocol Is Burdensome

AUSTIN, Texas - In an April 21 brief to the Texas Supreme Court, filed in response to a post-oral argument brief by the real parties in interest in a dispute over the discovery submission form for electronically stored information (ESI) in an insurance coverage lawsuit, an insurer argues that a trial...

Mealey's Litigation Procedure - 9th Circuit Certifies Question On Interest Rates To California High Court

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 21 certified a question to the California Supreme Court on whether high interest rates on consumer loans violated California finance law (Eduardo De La Torre, et al. v. CashCall Inc., Nos. 14-17571, 15-15042, 9th Cir., 2017 U.S. App. LEXIS...

Mealey's Litigation Procedure - Judge Rejects Challenge To Causation Testimony In Asbestos Case

NEW YORK - Requiring experts to actually sample and test the release of asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April...

Mealey's Litigation Procedure - Chinese Drywall MDL Judge Adopts Formula To Calculate Remediation Damages

NEW ORLEANS - The federal judge in Louisiana overseeing litigation stemming from defective drywall manufactured in China on April 21 adopted an expert's formula that states that class members should receive $86 per square foot to remediate damage to their homes' electrical and plumbing systems...

Mealey's Litigation Procedure - Aleve Kidney Injury Experts Excluded; Bayer Gets Summary Judgment

EAST ST. LOUIS, Ill. - An Illinois federal judge on April 21 granted Bayer Corp.'s motion for summary judgment in an Aleve case after excluding the plaintiff's two experts from testified that the over-the-counter pain reliever caused permanent kidney damage (Kenneth Hale, et al. v. Bayer Corporation...

Mealey's Litigation Procedure - Company Seeks To Annul Award Issued In Treaty Arbitration With Argentina

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 25 registered an application filed by a German company to partially annul an award issued in an arbitration commenced against the Argentine Republic in a dispute over a concession for the construction of...

Mealey's Litigation Procedure - Claimant In Newspaper Seizure Actions Requests Termination Of ICSID Cases

WASHINGTON, D.C. - The former owner of a Chilean newspaper, who asserted claims against the Republic of Chile for damages in the amount of $422 million that were dismissed, on April 21 filed an application to terminate cases in which he requested that the award be interpreted and a case seeking rectification...

Mealey's Litigation Procedure - Credit-Reporting Firm Defends Privilege In Forensic Consultant's Report

SANTA ANA, Calif. - In an April 21 brief in California federal court, Experian Information Solutions Inc. opposes a motion to compel by the plaintiffs in a putative data breach class action, contending that a forensic consultant's report on the breach constitutes legal advice that is exempt from...

Mealey's Litigation Procedure - First-Filed Rule Bars 2 Out Of 3 Class Complaints Against Online University

MINNEAPOLIS - A federal judge on April 21 dismissed two class complaints filed in the U.S. District Court for the District of Minnesota accusing an online university of knowingly misrepresenting how long it took to complete its doctoral program, finding that they are barred under the first-filed rule...

Mealey's Litigation Procedure - Horizon Again Seeks Dismissal Of FCRA Suit Over Stolen Laptops

NEWARK, N.J. - After an appeals court revived a putative class action under the Fair Credit Reporting Act (FCRA) related to the theft of laptops containing policyholders' personally identifiable information (PII), an insurer on April 21 filed a renewed dismissal motion in New Jersey federal court...

Mealey's Litigation Procedure - Illinois Federal Judge Certifies Debtor Class In FDCPA Suit

CHICAGO - An Illinois federal judge on April 21 certified a class of more than 68,000 Illinois residents who were mailed collection letters that allegedly failed to include disclosures as required by the Fair Debt Collection Practices Act (FDCPA) (Renetrice R. Pierre, et al. v. Midland Credit Management...

Mealey's Litigation Procedure - Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils

LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court...

Mealey's Litigation Procedure - Judge Excludes Testimony On Mirena As Scientifically Unreliable Under Daubert

CHICAGO - An Illinois federal judge on April 25 granted a pharmaceutical company's motion to exclude the expert testimony of a physician in relation to an infection allegedly caused by an intrauterine device, finding that the testimony was not admissible because it was not scientifically reliable...

Mealey's Litigation Procedure - 11th Circuit Affirms Expert, Household Duty Rulings, In $3M Asbestos Verdict

BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April...

Mealey's Litigation Procedure - Magistrate Judge Agrees With Disability Claimant, Says Rebuttal Was Not Timely

LOUISVILLE, Ky. - A Kentucky federal judge on April 25 granted a disability claimant's motion to exclude an expert witness rebuttal report filed by a disability insurer after determining that the report was not filed by the deadline established by the court (James H. Pogue v. The Northwestern Mutual...

Mealey's Litigation Procedure - 2nd Circuit Panel Affirms Dismissal Of Suit Against Hartford Financial, Retailer

NEW YORK - In an unpublished decision, a Second Circuit U.S. Court of Appeals panel held April 25 that a Connecticut federal judge properly dismissed a putative class action filed by Family Dollar Stores Inc. employees under the Employee Retirement Income Security Act for failure to state a claim upon...

Mealey's Litigation Procedure - Class Of Unsolicited Fax Recipients Certified; Senders' Dismissal Motion Is Denied

MINNEAPOLIS - A Minnesota federal judge on April 25 certified a class of more than 3,200 people who received an unsolicited fax advertisement for lead-testing services and denied a motion by the sender to dismiss the lawsuit (Sandusky Wellness Center, LLC, et al. v. MedTox Scientific, Inc., et al., No...

Mealey's Litigation Procedure - New Jersey Panel Bars Expert Opinions To Juries On 'Symptom Magnification'

NEWARK, N.J. - The New Jersey Superior Court Appellate Division created a "bright-line" rule April 27 that forbids expert witnesses from presenting an opinion in a civil personal injury case heard by a jury on the concepts of symptom magnification and malingering in an attempt to impeach a...

Mealey's Litigation Procedure - Settlement Of Facebook Message-Scanning Class Action Preliminarily Approved

OAKLAND, Calif. - A California federal judge on April 26 granted a motion to preliminarily approve settlement of a class action that accused Facebook Inc. of privacy violations related to the social network's scanning of users' private messages (PMs) for advertisement purposes (Matthew Campbell...

Mealey's Litigation Procedure - Parties Calculate $1.04M In Prejudgment Interest Due In MicroCool Class Action

LOS ANGELES - Parties in the $454 million MicroCool surgical gown California class action on April 26 told the court that as of that date, they calculate that defendant Kimberly-Clark Corp. owes $1.04 million in prejudgment interest and spinoff Halyard Health Inc. owes $42,836 (Bahamas Surgery Center...

Mealey's Litigation Procedure - 9th Circuit Permits Expert's Testimony Regarding Origin Of Asbestos Insulation

SAN FRANCISCO - An expert's knowledge regarding U.S. Navy practices and procedures qualifies him to testify that the asbestos-containing insulation to which a man was exposed was likely original to the boilers in question, and he need not have firsthand knowledge, a Ninth Circuit U.S. Court of Appeals...

Mealey's Litigation Procedure - Nurse Practitioners May Opine On Cause Of Injury, Washington High Courts Finds

OLYMPIA, Wash. - The Washington Supreme Court on April 27 unanimously held that nurse practitioners may determine the cause of an injury in medical malpractice suits and reversed summary judgment in a medical malpractice suit that was dismissed on summary judgment after the trial court said a nurse practitioner...

Mealey's Litigation Procedure - Federal Judge In NHL MDL Partially Grants, Denies Motion To Compel

MINNEAPOLIS - The judge overseeing the National Hockey League (NHL) concussion multidistrict litigation on April 26 said the league will not be able to get most of the documents from the Boston University Chronic Traumatic Encephalopathy Center (BU CTE Center) because of the heavy burden it would create...

Mealey's Litigation Procedure - Judge Declines To Seal Docs In Reinsurer, Insurer Dispute Over Asbestos Coverage

SYRACUSE, N.Y. - Supporting documents pertaining to transcripts, arbitration filings and expert reports will not be sealed in a breach of contract dispute between an insurer and reinsurer over asbestos coverage, a New York federal judge ruled April 26 (Utica Mutual Insurance Co. v. Munich Reinsurance...