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Blog Post: Mealey's Toxic Tort/Environmental - Engle Progeny Plaintiff Files Notice Of Appeal Following Defense Verdict

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WEST PALM BEACH, Fla. - Following a defense verdict in an Engle progeny trial, a woman who sued on behalf of her deceased husband filed a notice of appeal with Florida's Fourth Appellate District Court on Dec. 4, saying the trial court erred in denying her motion for a new trial (Doris E. Shadd v. R.J. Reynolds Tobacco Co., 4D17-3735, Fla. App., 4th Dist.).

Blog Post: Mealey's Labor & Employment - State Law Claims Do Not Escape ERISA Preemption, 5th Circuit Affirms

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NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 4 affirmed a lower court's ruling that a claimant's state law claims against a life insurer are preempted by the Employee Retirement Income Security Act, finding that ERISA's savings clause does not permit state law claims seeking recovery of ERISA benefits to escape preemption (Katheryn Swenson v. United of Omaha Life Insurance Co., No. 17-30374, 5th Cir., 2017 U.S. App. LEXIS 24465).

Blog Post: Mealey's IP/Tech - Indiana Magistrate Judge Denies Wal-Mart Request To Transfer Trademark Case

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SOUTH BEND, Ind. - Efforts by Wal-Mart.com USA LLC and a co-defendant to move allegations of trademark infringement to the U.S. District Court for the Northern District of California were unsuccessful Dec. 6, when an Indiana federal magistrate judge found that "the only factor that narrowly favors transfer is convenience of the third-party Chinese witnesses" (Dwyer Instruments Inc. v. Wal-Mart.com USA LLC, et al., No. 17-636, N.D. Ind., 2017 U.S. Dist. LEXIS 200566).

Blog Post: Mealey's IP/Tech - Pedometer Patent Singled Out For Inter Partes Review In New Petition

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ALEXANDRIA, Va. - A fitness technology company took aim Dec. 5 at a patented pedometer in a petition for inter partes review (IPR) by the Patent Trial and Appeal Board, asserting that the straps, step-counters, heart-rate monitors, data processors, transmitters and receivers included in the invention were "basic" and "well-known" to a person of skill in the art (POSITA) (Wahoo Fitness LLC v. Blackbird Tech LLC, No. IPR2018-00275, PTAB).

Blog Post: Mealey's Toxic Tort/Environmental - Halliburton Must Provide Information In Groundwater Case, Plaintiffs Say

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OKLAHOMA CITY - Residents who argue that Halliburton Energy Services Inc. (HESI) is liable for contaminating their drinking water supply with perchlorate on Dec. 6 filed a brief in an Oklahoma federal court contending that HESI should be compelled to produce documents and other information (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).

Blog Post: Mealey's Antitrust/Unfair Competition - Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC

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SAN FRANCISCO - After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California's unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).

Blog Post: Mealey's Litigation Procedure - PCA Holds Hearing On Remaining Issues In UNCITRAL Case Against Russia

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THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Dec. 6 announced that it has held a hearing on the outstanding issues of liability, jurisdiction and admissibility in an arbitration commenced by a bank and a finance company against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

Blog Post: Mealey's Litigation Procedure - Federal Judge Compels Arbitration Of License Agreement Dispute To SIAC

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SAN FRANCISCO - After finding that a valid arbitration agreement existed between companies in relation to an agreement for the use and sale of certain trademarks owned by Sharp Corp., a California federal judge on Dec. 5 compelled claims for fraud, rescission and violation of California's unfair competition law (UCL) to arbitration in Singapore (Sharp Corp. v. Hisense USA Corporation, et al., No. 17-cv-03341, N.D. Calif., 2017 U.S. Dist. LEXIS 200102).

Blog Post: Mealey's Litigation Procedure - Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts

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PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al., No. 151202987, Pa. Comm. Pls., Philadelphia Co.).

Blog Post: Mealey's PI/Product Liability - Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts

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PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al., No. 151202987, Pa. Comm. Pls., Philadelphia Co.).

Blog Post: Mealey's Litigation Procedure - Court: Company Must Produce Evidence It Proffered For Asbestos Plaintiff's Review

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SPRINGFIELD, Ill. - A judge properly ordered a boiler company to produce more than 5,000 index cards after the company voluntarily permitted inspection by an asbestos plaintiff, an Illinois appeals court held Dec. 5 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0173, Ill. App., 4th Dist.).

Blog Post: Mealey's PI/Product Liability - Court: Company Must Produce Evidence It Proffered For Asbestos Plaintiff's Review

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SPRINGFIELD, Ill. - A judge properly ordered a boiler company to produce more than 5,000 index cards after the company voluntarily permitted inspection by an asbestos plaintiff, an Illinois appeals court held Dec. 5 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0173, Ill. App., 4th Dist.).

Blog Post: Mealey's PI/Product Liability - Man Says Asbestos Law Doesn't Require Medical Opinion On 'Smoker' Status

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COLUMBUS, Ohio - Requiring every asbestos lung cancer plaintiff who ever smoked tobacco to provide a medical expert opinion that the person doesn't qualify as a "smoker" would produce absurd results, burden nonsmokers and is at odds with a decade of precedent and the law's intent, a man told the Ohio Supreme Court Dec. 6 (Bobby Turner, et al. v. Union Carbide Corp., et al., No. 17-0004, Ohio Sup.).

Blog Post: Mealey's Litigation Procedure - Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal

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SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 6 unsealed its Nov. 28 opinion reversing summary judgment in the incretin mimetic multidistrict litigation, saying the MDL judge misapplied a U.S. Supreme Court precedent, improperly blocked discovery, misinterpreted what constituted new evidence and improperly disqualified a plaintiff expert (In Re: Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir., 2017 U.S. App. LEXIS 24674).

Blog Post: Mealey's Litigation Procedure - Pension Fund Found To Have Failed To Plead Falsity, Scienter In Securities Suit

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CHICAGO - Dismissal of a securities class action lawsuit against a for-profit college and certain of its current and former senior executives is warranted because the lead plaintiff in the action failed to plead falsity or scienter in making its federal securities law claims against the defendants, a federal judge in Illinois ruled Dec. 6 in granting the defendants' motion (Pension Trust Fund for Operating Engineers v. DeVry Education Group Inc., et al., No. 16-5198, N.D. Ill., 2017 U.S. Dist. LEXIS 200272).

Blog Post: Mealey's Litigation Procedure - Spokeo Seeks 2nd Certiorari Grant Over Injury-In-Fact Standing Requirement

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WASHINGTON, D.C. - Less than two years after the U.S. Supreme Court ruled on the concrete injury requirement to establish standing under Article III of the U.S. Constitution in a lawsuit over alleged violation of the Fair Credit Reporting Act (FCRA), the data aggregator defendant filed a renewed petition for certiorari Dec. 4, citing conflicting lower court interpretations of the prior ruling and a remand ruling by the Ninth Circuit U.S. Court of Appeals that it says undermines the 2016 decision (Spokeo Inc. v. Thomas Robins, No. 17-806, U.S. Sup.).

Blog Post: Mealey's Litigation Procedure - Defendants In Stock-Drop Suit Seek Dismissal Of Federal Securities Law Claims

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HOUSTON - Defendants in a securities class action lawsuit against a worldwide provider of professional services and technologies within the government services and hydrocarbons industries on Dec. 4 asked a federal judge in Texas to dismiss federal securities law claims because shareholders failed to plead a material misrepresentation, scienter of loss causation (In re KBR Inc. Securities Litigation, No. 17-1375, S.D. Texas).

Blog Post: SEC Sues Immigration Atty Over EB-5-Related Commissions

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The U.S. Securities and Exchange Commission on Friday slapped an immigration attorney and his law firm with a fraud lawsuit in California federal court, claiming that they didn’t disclose to clients that they were getting commissions related to their EB-5 visa program investments.

Blog Post: SEC Sues Immigration Atty Over EB-5-Related Commissions

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The U.S. Securities and Exchange Commission on Friday slapped an immigration attorney and his law firm with a fraud lawsuit in California federal court, claiming that they didn’t disclose to clients that they were getting commissions related to their EB-5 visa program investments.

Blog Post: SEC Sues Immigration Atty Over EB-5-Related Commissions

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The U.S. Securities and Exchange Commission on Friday slapped an immigration attorney and his law firm with a fraud lawsuit in California federal court, claiming that they didn’t disclose to clients that they were getting commissions related to their EB-5 visa program investments.
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