LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Institutional Investor Group Appointed Lead Plaintiff In Securities Class Action

NEW YORK - A group of institutional investors has met all statutory requirements to serve as lead plaintiff in a securities class action against a real estate investment trust and several of its former executive officers and directors, a federal magistrate judge in New York ruled Nov. 29 (Westchester...

Mealey's Litigation Procedure - Supreme Court Declines To Hear Case On Good Faith Exception To Exclusionary Rule

WASHINGTON, D.C. - In its Dec. 5 order list, the U.S. Supreme Court denied certiorari for a case in which a man convicted of tax evasion, which was based on evidence obtained from a mirror image copy of his computer hard drives, had asked the court to consider whether the good-faith exception to the...

Mealey's Litigation Procedure - Judge Denies Exclusion Of Expert Testimony In Fraudulent Misrepresentation Lawsuit

HATTIESBURG, Miss. - A Mississippi federal judge on Nov. 30 declined to exclude expert testimony that will help support fraudulent inducement, fraudulent misrepresentation and negligent misrepresentation claims against a window manufacturer and its retail seller (Joan Cravens Inc. and Jason V. Smith...

Mealey's Litigation Procedure - Federal Judge Finds Seaman's Claims Related To Arbitration Provision

LAKE CHARLES, La. - A Louisiana federal judge on Nov. 30 adopted a report and recommendation that found that a ship employee's injury-related claims were subject to an arbitration agreement in his employment contract and refusing to remand the case to a state court (Ali Imam Shah v. Blue Wake Shipping...

Mealey's Litigation Procedure - Supreme Court Finds No Dismissal Mandate For False Claims Act Seal Violations

WASHINGTON, D.C. - In a unanimous ruling, the U.S. Supreme Court on Dec. 6 held that the False Claims Act (FCA) "does not enact so harsh a rule" as mandating dismissal of a relator's lawsuit under the act for a violation of the statute's requirement that the relator's complaint...

Mealey's Litigation Procedure - No Error In Admission Of Fingerprint Testimony In Criminal Case, Panel Finds

BOSTON - A trial judge did not err in admitting expert testimony concerning the absence of fingerprints on a gun that a jury found a defendant had possessed, the First Circuit U.S. Court of Appeals held Dec. 1, affirming a man's conviction of being a felon in possession of a firearm (United States...

Mealey's Litigation Procedure - Judge Excludes Surgeon From Testifying On Standard Of Care In Medical Malpractice Suit

ANCHORAGE, Alaska - In a medical malpractice case, an Alaska federal judge on Dec. 1 excluded a general and colorectal surgeon from testifying about the standard of care a patient received before and following his diagnosis of colon cancer because the surgeon's board certification in surgery does...

Mealey's Litigation Procedure - Judge Finds FDCPA Claim Against Debt Collector Was Adequately Pleaded

NEWARK, N.J.- A New Jersey federal judge on Dec. 5 refused to grant a motion filed by a debt collector to dismiss claims for violation of the Fair Debt Collection Practices Act (FDCPA), finding that she adequately pleaded her claims in relation to the instructions she was given on obtaining a verification...

Mealey's Litigation Procedure - ICSID Releases Caseload Statistics Focusing On South And East Asia

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Dec. 2 released new caseload statistics for south and east Asia and the Pacific (SEAP Region).

Mealey's Litigation Procedure - Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit

ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy...

Mealey's Litigation Procedure - 7th Circuit Upholds Ruling That Student Athletes Are Not Employees

CHICAGO - A federal judge was correct when he ruled that student athletes are not employees of the universities where they play, the Seventh Circuit U.S. Court of Appeals ruled Dec. 5 (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 16-1558, 7th Cir.; 2016 U.S. App. LEXIS...

Mealey's Litigation Procedure - Judge Declines To Bar Medical Testimony On History Of Neck Pain In Auto Negligence Suit

SCRANTON, Pa. - In a negligence lawsuit stemming from an automobile accident, a Pennsylvania federal judge on Dec. 5 declined to exclude medical testimony on a man's history of neck pain and how any exacerbation of the neck would have resolved itself in a matter of months because any disagreement...

Mealey's Litigation Procedure - Federal Judge Bars Expert's Alternative Design Theory In Personal Injury Lawsuit

FORT WAYNE, Ind. - A licensed professional engineer may testify regarding a man's fall from a ladder and the sufficiency of the warnings and instructions but may not testify regarding a color banding alternative design because he failed to sufficiently substantiate his opinion for this alternative...

Mealey's Litigation Procedure - Federal Judge Bars Opinion On Policies, Practices For Cleaning Spills At Airport

SEATTLE - In a slip-and-fall case, an expert may testify as to the nature of an airport's floors when they become wet but cannot testify about the policies and practices for detecting and cleaning up spills, a Washington federal judge ruled Dec. 2 (Evelyne Suzanne Sudre, et al. v. The Port of Seattle...

Mealey's Litigation Procedure - ICSID Grants Dismissal For Indonesia, Orders Mining Company To Pay $9.4M

WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining...

Mealey's Litigation Procedure - Residents Seek Damages For Fracking Earthquakes In Oklahoma

STILLWATER, Okla. - A group of Oklahoma residents on Dec. 5 filed a putative class action lawsuit in state court against five energy companies contending that by disposing of fracking wastewater into the ground, the companies introduced contaminants into the natural environment that caused an adverse...

Mealey's Litigation Procedure - Investor Group Appointed Lead Plaintiff In Lipocine Securities Class Action

TRENTON, N.J. - A federal judge in New Jersey on Dec. 2 appointed an investor group as lead plaintiff in a securities class action lawsuit against a pharmaceutical company and certain of its executive officers, ruling that the investor group has the largest financial stake in the litigation and meets...

Mealey's Litigation Procedure - Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says

NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that...

Mealey's Litigation Procedure - Sprint Loses Motions To Bar Damages Experts In Patent Suits Against Comcast, Time Warner

KANSAS CITY, Kan. - A Kansas federal judge on Dec. 5 denied Sprint Communications Co. L.P. its attempts to exclude damages and patent experts in two consolidated patent infringement lawsuits filed against Comcast Cable Communications LLC and Time Warner Cable Inc. (TWC) (Sprint Communications Company...

Mealey's Litigation Procedure - Judge Rejects Insureds Breach Of Contract Arguments In Bad Faith Suit

LOS ANGELES - Summary judgment is warranted against insureds in an insurance breach of contract and bad faith lawsuit because the insureds have failed to show that their insurer breached its contract in failing to pay their claims for benefits or denied their requests for a defense or indemnification...

Mealey's Litigation Procedure - Judge Grants In Part, Denies In Part Motions To Exclude Testimony In Discrimination Suit

CHICAGO - An Illinois federal judge on Dec. 8 addressed several motions to exclude testimony prior to a trial date set in a doctor's lawsuit against a university for discrimination that resulted in her contract not being renewed (Dr. Maria Artunduaga v. The University of Chicago Medical Center, No...

Mealey's Litigation Procedure - Defendants' Venue Transfer Request Granted In Suit Over Loan Guarantees

HUNTINGTON, W.Va. - A West Virginia federal judge on Dec. 7 granted a motion filed by the defendants in a suit over the terms of loan guarantees to transfer a class complaint to a Virginia federal court that the defendants argue, in part, will hear the case more quickly (Jason Vanden Heuvel, et al. v...

Mealey's Litigation Procedure - Yahoo Data Breach Lawsuits Consolidated In California Federal Court

SAN JOSE, Calif. - Five putative class actions against Yahoo! Inc. related to a data breach the internet giant announced in September were consolidated in the U.S. District Court for the Northern District of California by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) in a Dec. 7 transfer...

Mealey's Litigation Procedure - Coca-Cola Ex-Employee Defends Certification Of Laptop Data Theft Classes

PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke) argues in a Dec. 7 brief in Pennsylvania federal court that his bid for certification of a class of Coke employees whose personally identifying information (PII) is appropriate, contending that his proposed classes meet the requirements of...

Mealey's Litigation Procedure - Judge: Asbestos Document Request Overly Broad, But Some Production Warranted

PHILADELPHIA - A company's failure to comply with a state court motion to compel does not warrant sanctions because the request is overly broad, but going forward, the company must produce documents relevant to product identification testimony in an asbestos case, a federal magistrate judge held...