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Mealey's Litigation Procedure - Arbitration Granted In Class Suit Over High Interest Solar Power Systems

DENVER - An arbitration agreement entered into by home owners and a solar power systems financing company controls a dispute over high-interest financing, a Colorado federal judge ruled May 14, staying the class proceedings between those parties (Jason Terlizzi, et al. v. Altitude Marketing, Inc., et...

Mealey's Litigation Procedure - Long-Running Digital Music Price-Fixing Class Action Voluntarily Dismissed

NEW YORK - A 12-year putative class action alleging antitrust violations in the form of price fixing for digital music concluded May 15 as a California federal judge approved a stipulation of dismissal reached by the music-purchasing plaintiffs and the record label defendants (In re Digital Music Antitrust...

Mealey's Litigation Procedure - Wells Fargo Will Appeal $97 Million Rest Break Award For Mortgage Consultants Class

LOS ANGELES - Wells Fargo Bank N.A. filed a notice of appeal on May 15, a week after a California federal judge awarded a class of Wells Fargo Bank N.A. home mortgage consultants (HMCs) more than $97 million in damages on claims that they were denied rest breaks and a derivative California's unfair...

Mealey's Litigation Procedure - Missouri Federal Judge Finds Lack Of Jurisdiction Over Default Judgment Claims

ST. LOUIS - A Missouri federal court lacks jurisdiction over claims resulting from state default judgments against customers of a household good leasing company, a Missouri federal judge ruled May 15, sending a class lawsuit back to state court (Sade Beaton, et al. v. Rent-A-Center, Inc., No. 18-26,...

Mealey's Litigation Procedure - With No Error On Expert Ruling, Summary Judgment Appropriate, 11th Circuit Holds

ATLANTA - A Florida federal court did not abuse its discretion in excluding an expert's opinion that pollution from a fertilizer factory caused or worsened a woman's pulmonary diseases, and then awarding the factory judgment for lack of expert causation evidence, because the court correctly found...

Mealey's Litigation Procedure - 7th Circuit Vacates Dismissal Of FACTA Class Suit, Orders Remand

CHICAGO - A district court wrongly dismissed with prejudice a class complaint over a company's printing of credit and debit card expiration dates on receipts because the court lacked jurisdiction, a Seventh Circuit U.S. Court of Appeals panel ruled May 14, vacating the lower court's judgment...

Mealey's Litigation Procedure - Kazakhstan Argues $22B In Frozen Funds Satisfies Swedish Arbitral Award

WASHINGTON, D.C. - The Republic of Kazakhstan on May 14 responded to a motion filed by investors for leave to register a judgment confirming a $497,685,101 arbitral award in other judicial districts in an attempt to obtain payment, arguing that not enough time has passed and that the investors have not...

Mealey's Litigation Procedure - Judge Dismisses UCL, FAL Claims Over Octopus Products For Lack Of Jurisdiction

SAN DIEGO - After finding that a consumer failed to show that her class action claims for violation of California's unfair competition law (UCL) and false advertising in relation to allegedly fake octopus products met the federal amount-in-controversy requirement, a California federal judge on May...

Mealey's Litigation Procedure - Judge Tosses Class Suit Alleging Consumers Believe Diet Pepsi Will Help Weight Loss

NEW YORK - A New York federal judge on May 17 dismissed a class complaint accusing a soda maker of leading customers to believe that its soda would help with weight loss by calling it "diet" soda, ruling that the complaint failed on its merits (Elizabeth Manuel, et al. v. Pepsi-Cola Company...

Mealey's Litigation Procedure - Courier Asserts UCL, PAGA Claims Against Delivery Service In California Court

SAN FRANCISCO - A delivery courier on May 15 filed a class action complaint against a same-day delivery courier service in a California state court, alleging that it violated California's unfair competition law (UCL) and labor code when it misclassified employees as independent contractors (Raef...

Mealey's Litigation Procedure - Washington High Court Majority Finds Emails Between County, Department Privileged

OLYMPIA, Wash. - A 7-2 Washington Supreme Court on May 17 found that emails between a county and the Washington Department of Ecology were protected from disclosure under the Public Records Act (PRA) because they were work product and because the sharing of the information between the parties did not...

Mealey's Litigation Procedure - Motorola Denied Access To Rival's Computers In 2-Way Radio Trade Secret Suit

CHICAGO - Chiding both parties in a trade secret misappropriation suit for "a long, drawn out, pitched battle" over discovery, an Illinois federal magistrate judge on May 17 denied Motorola Solutions Inc.'s motion to compel forensic examination of the defendants' computers, finding...

Mealey's Litigation Procedure - Golden State Warriors Fan Voluntarily Dismisses App Eavesdropping Class Action

OAKLAND, Calif. - After engaging in arbitration, a New York woman filed a stipulation in California federal court May 17, voluntarily dismissing a putative class action under the Electronic Communications Privacy App (ECPA) against National Basketball Association team the Golden State Warriors and a...

Mealey's Litigation Procedure - Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

WASHINGTON, D.C. - A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v...

Mealey's Litigation Procedure - Judge Quashes Subpoenas Seeking Records Of All Of Doctor's Toenail Avulsions

NASHVILLE, Tenn. - A federal judge in Tennessee on May 18 quashed two subpoenas served on rehabilitation centers where a doctor who was found guilty of four counts of health care fraud preformed toenail avulsions, finding that the requests were unduly burdensome and that they were not necessarily relevant...

Mealey's Litigation Procedure - Nebraska Supreme Court Affirms Exclusion Of Accutane Causation Expert

LINCOLN, Neb. - The Nebraska Supreme Court on May 18 affirmed the exclusion of a plaintiff's sole causation expert in an Accutane bowel injury case, saying the expert's methodology failed to meet case law standards (Aimee Freeman v. Hoffman-La Roche Inc., et al., No. 300 Neb. 47, Neb. Sup.).

Mealey's Litigation Procedure - Panel Upholds Class Action Status In Dispute Over Illegal Insurance Transactions

BATON ROUGE, La. - A Louisiana appeals panel on May 16 affirmed certification of a class in a case against state agencies and insurers over illegal transactions made to protect the Louisiana Insurance Guaranty Association (Donald W. Abshire v. The State of Louisiana, et al., No. 2017CA0689 c/w 2017CA0690...

Mealey's Litigation Procedure - Class Certified In Suit Alleging Jailed Voters Were Barred From 2016 Election

FORT WAYNE, Ind. - An Indiana federal judge on May 17 certified a class of individuals who allege that they were in jail during the November 2016 election and were wrongfully kept from voting by the Allen County, Ind., sheriff (Demetrius Buroff, et al. v. David Gladieux, No. 17-124, N.D. Ind., 2018 U...

Mealey's Litigation Procedure - 9th Circuit Vacates Order Requiring Release Of Lichtenstein Assets

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 18 vacated a court's decision ordering a Russian national to turn over assets held in a trust to assist in satisfying a $92 million arbitral award, finding that the order was premature because a Lichtenstein court is reviewing similar...

Mealey's Litigation Procedure - ICSID Rejects Bolivia's Application To Annul $48M Award For Investors

WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on May 18 issued a decision in an arbitration filed by investors in mining concessions, rejecting an application made by the Plurinational State of Bolivia to annul a $48,619,578 award (Quiborax...

Mealey's Litigation Procedure - Wikimedia Says In Camera Review Can Resolve Standing In Upstream Surveillance Suit

BALTIMORE - In a May 18 reply brief in Maryland federal court, Wikimedia Foundation defends its motion to compel documents to establish that its communications were intercepted by the National Security Agency's (NSA) upstream surveillance program, arguing that a statutory in camera review procedure...

Mealey's Litigation Procedure - Federal Judge To Reconsider Settlement Denial In Wine Pricing Class Suit

CAMDEN, N.J. - A New Jersey federal judge is set to reconsider on June 4 an April 17 opinion denying final approval of multi-million settlement in a class lawsuit accusing an online wine retailer of mispresenting pricing and the savings to consumers (Kyle Cannon, et al. v. Ashburn Corporation, et al...

Mealey's Litigation Procedure - California University, Campus Gynecologist Hit With Sexual Abuse Class Suit

LOS ANGELES - A former University of Southern California (USC) student filed a class complaint on May 21 in a California federal court accusing the university, the university's board and the school's campus gynecologist, George Tyndall, M.D., of violating the trust of a class of female students...

Mealey's Litigation Procedure - Houston Texans Cheerleaders File Collective Action Seeking Unpaid Wages

HOUSTON - The Houston Texans football team and its cheerleading coach wrongfully require cheerleaders to work off the clock and fail to pay minimum and overtime wages, one former cheerleader, referred to only by her initials, alleges in her May 21 collective action filed in a Texas federal court (P.G...

Mealey's Litigation Procedure - Former NFL Player Files Class Action, Alleges Plan Breached Fiduciary Duties

NEW YORK - A former National Football League player on May 22 filed suit in New York federal court, alleging that the NFL's retirement plan and its fiduciaries duty violated the Employee Retirement Income Security Act by refusing to reclassify players' disability benefits as football degenerative...