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Mealey's Litigation Procedure - 3rd Circuit Panel Affirms Company Didn't Intend For Health Benefits To Vest

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for Johnson Controls Inc. in an Employee Income Retirement Act lawsuit, saying that language in collective bargaining agreements (CBAs) and insurance booklets indicates that the company never intended for...

Mealey's Litigation Procedure - Ohio Top Court Urged To Reject Expert's Cumulative Exposure Testimony

CLEVELAND - Expert testimony attributing a man's mesothelioma to cumulative exposure to asbestos in automobile brakes simply dresses up the theory that every exposure leads to disease in new clothing and is inadmissible under Ohio law, a manufacturer and its amici curiae told the state's highest...

Mealey's Litigation Procedure - U.S. Supreme Court Refuses To Hear Lago Agrio $18.5 Billion Fraud Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 refused to hear the appeal of a group of Ecuadorian residents and their attorney, who challenged a fraud ruling with regard to an $18.5 billion judgment they previously won against Chevron Corp. for injuries they had alleged were caused by the company's...

Mealey's Litigation Procedure - New York Court Agrees: 'Systemic Failure' Waived Asbestos Memo's Protections

NEW YORK - A company waived privilege over a redacted attorney-client memo providing advice involving the asbestos-cement pipe business due to its repeated disclosure concessions, but the company's more strenuous efforts regarding an unredacted version keeps it privileged, a New York appeals court...

Mealey's Litigation Procedure - Ruling On Expert Upheld In Shooting Victim's Claims Against Police Officer

PHILADELPHIA - A man who was shot in his home by an off-duty police officer is not entitled to a new trial on his excessive force claims against the officer because the victim's attempt to discredit an expert based on alleged mismanagement of a prior job was properly denied, a Pennsylvania federal...

Mealey's Litigation Procedure - Judge Certifies Class In Mental Health Insurance Coverage Denial Case

SAN JOSE, Calif. - A federal judge in California on June 15 granted class certification to a group of plaintiffs seeking reprocessing of mental health insurance claims after their insurer allegedly imposed overly strict definitions of medically necessary care in contravention of the plans' terms...

Mealey's Litigation Procedure - Federal Judge Enters Default, Confirms $2.1M Award For ING Bank

SEATTLE - After a fuel bunker trader failed to respond to a bank's petition to confirm a London arbitral award issued in its favor, a Washington federal judge on June 15 entered a default ruling for the bank and ordered the trader to pay it $2,103,750 (ING Bank, N.V. v. Express Pacific LLC, No. 17...

Mealey's Litigation Procedure - Ohio Appellate Panel Finds Too Much Effort To Identify Class Members

CLEVELAND - An Ohio appellate panel on June 15 reversed certification of a class of vehicle buyers suing over sales practices, finding abuse of discretion by the trial court because there is no showing of predominance and class members can't be identified without expending more than a reasonable...

Mealey's Litigation Procedure - Facebook Seeks Renewed Discovery Stay In Biometrics Class Action

SAN FRANCISCO - Facebook Inc. on June 19 moved to renew a motion to stay discovery in a putative class action alleging that the social network violated Illinois' Biometric Information Privacy Act (BIPA), which it originally filed in California federal court in February, arguing that a pending Ninth...

Mealey's Litigation Procedure - U.K. Firm Proceeds With PCA Arbitration Against India Tax Department

EDINBURGH, Scotland - A United Kingdom energy company on June 19 gave updates on a dispute with the Indian Income Tax Department, stating that an international arbitration over a tax assessment is progressing and that final hearings in the case will be held next year.

Mealey's Litigation Procedure - DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal

WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had...

Mealey's Litigation Procedure - 7th Circuit: Unaccepted Offer Under Rule 67 Doesn't Moot Claims

CHICAGO - An unaccepted offer of relief submitted pursuant to Federal Rule of Civil Procedure 67 is no different than one submitted under Rule 68 and is insufficient to moot the claims, a Seventh Circuit U.S. Court of Appeals panel ruled June 20 (Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 7th Cir...

Mealey's Litigation Procedure - Texas Federal Judge Denies Expedited Discovery Motion In Restaurant Dispute

AUSTIN, Texas - A Texas federal judge on June 19 denied a motion for expedited discovery filed by restaurant franchisors, saying that they will receive the information they seek when the defendant files a written update with the court (Stockade Cos. LLC, et al. v. Kelly Restaurant Group LLC, No. 1:17...

Mealey's Litigation Procedure - Judge Orders Parties To Turn Over Information In Trade Secrets Lawsuit

OKLAHOMA CITY - Parties in a misappropriation of trade secrets lawsuit are required to provide each other with certain discovery information relating to a former employees' departure from a company and subsequent hiring and duties with a direct competitor, a federal judge in Oklahoma ruled June 16...

Mealey's Litigation Procedure - ICSID Invites Amicus Curiae Filings In NAFTA Case Filed Against Canada

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on June 20 announced that it is inviting nonparties in an arbitration commenced by a resource company against the government of Canada to submit amicus curiae briefs in accordance with the statement of the North...

Mealey's Litigation Procedure - PCA To Issue Final Award In Dispute Between Croatia And Slovenia

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on June 19 announced that it will issue its final award in a maritime arbitration pending between the Republic of Croatia and the Republic of Slovenia later this month (Republic of Croatia v. the Republic of Slovenia, No. 2012-04, PCA...

Mealey's Litigation Procedure - 4th Circuit: Settlement Agreement Bars Association's Suit Over Defective Windows

RICHMOND, Va. - A settlement agreement that was approved by a federal judge in South Carolina in 2015 that resolved 18 class action lawsuits filed against the manufacturer of allegedly defective windows barred a condominium owners association's California state court lawsuit against the manufacturer...

Mealey's Litigation Procedure - Massachusetts Federal Judge Grants Summary Judgment To Fidelity Management Trust

BOSTON - A Massachusetts federal judge on June 19 granted Fidelity Management Trust Co.'s motion for summary judgment in a class action alleging that Fidelity breached its fiduciary duties pursuant to the Employee Retirement Income Security Act by mismanaging the Fidelity Group Employee Benefit Plan...

Mealey's Litigation Procedure - Massachusetts Federal Judge Dismisses Remaining Claims In ERISA Class Action

BOSTON - A Massachusetts federal judge on June 19 dismissed the remaining claims in an Employee Retirement Income Security Act class action, saying that the plaintiffs have failed to show that the defendants breached their duties of loyalty and prudence and failed to make a prima facie showing of loss...

Mealey's Litigation Procedure - Oklahoma Top Court: No Preemption Where ERISA Plan Is 'Factual Backdrop'

OKLAHOMA CITY - On remand, a trial court must consider whether a woman's class action claiming that a hospital improperly sought collection from her in violation of its contract with her insurer invokes an Employee Retirement Income Security Act plan or whether the plan is merely part of the "factual...

Mealey's Litigation Procedure - Magistrate Judge Denies Motion To Compel In Trade Secrets Lawsuit

CHICAGO - A federal magistrate judge in Illinois on June 20 denied a motion to compel filed by defendants in a misappropriation of trade secrets lawsuit, ruling that the plaintiff has agreed to provide certain information to the defendants as soon as it is located (PolyOne Corp. v. Yun Martin Lu, et...

Mealey's Litigation Procedure - Court: Law Firm, Not Lawyer Retained Privilege Over Attorney's Emails

SAN FRANCISCO - A law firm retained privilege over a former asbestos attorney's work product and was not required to obtain his permission before disclosing emails between him and a scientific consulting firm, a California appeals court held June 21 (Tucker Ellis v. The Superior Court of City and...

Mealey's Litigation Procedure - New York Federal Judge Dismisses ERISA Lawsuit Over Excessive Advice Fees

NEW YORK - A New York federal judge on June 21 dismissed an Employee Retirement Income Security Act putative class action that alleged that a record keeper's advice arrangement constituted a breach of fiduciary duty resulting in excessive fees, saying that the plaintiff failed to allege facts showing...

Mealey's Litigation Procedure - Brazilian Reinsurer Owes $5M Under Arbitration Award, Insurer Asserts

NEW YORK - An insurer argues in a June 21 reply brief filed in a New York federal court that a Brazilian reinsurer is obligated to pay $5 million under an arbitration award so that the insurer can pay a settlement it reached with a steel maker in a related dispute (National Indemnity Co. v. IRB Brasil...

Mealey's Litigation Procedure - 9th Circuit: Japanese Nuclear Reactor Radiation Case May Proceed In U.S. Court

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on June 22 ruled that a radiation exposure lawsuit brought by U.S. Navy sailors who assisted in relief efforts when the Fukushima Daiichi Nuclear Power Plant (FNPP) melted down in Japan could proceed in a U.S. court, despite the company's...