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California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, June 19, 2013

Wed, 19 Jun 2013 11:36:00 -0400

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Edward F. Maracich, et al. v. Michael Eugene Spears, et al., No. 12-25, U.S. Sup.). [lexis.com subscribers may access Supreme Court briefs for this case].

(Opinion available. Document #43-130621-007Z.)

Federal Trade Commission v. Actavis, Inc., et al., No. 12-416, U.S. Sup.) (lexis.com subscribers may access Supreme Court briefs and the opinion

U.S. Supreme Court Will Hear Bankruptcy Case Involving Charge On Debtor's Property

james.cordrey@lexisnexis.com (James Cordrey) — Mon, 17 Jun 2013 17:51:00 -0400

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 17 granted certiorari in a case involving the question of whether a bankruptcy court has the power to levy a financial charge against a Chapter 7 debtor's residential property, which he has claimed falls under the homestead exemption, despite the suggestion of the U.S. solicitor general that the high court deny hearing the case (Stephen Law v. Alfred Siegel, No. 12-5196, U.S. Sup.) (lexis.com subscribers may access Supreme Court briefs for this case).

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Abbey Spanier LLP: California Appeals Court Reverses Its Previous Denial Of Class Certification In Light Of Brinker Decision

Abbey.Spanier@placeholder.com (Abbey Spanier) — Fri, 14 Jun 2013 17:27:00 -0400

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and did not include certain reimbursements and an annual bonus payment in calculating the hourly rate of overtime pay. Plaintiffs proposed three subclasses: (1) the Meal Break Class, (2) the Rest Break Class, and (3) the Overtime Class. The appeals court initially issued an opinion affirming the denial of class certification of the Meal Break Class and the Rest Break Class and reversing the order denying certification of the Overtime Class. After the court issued its opinion, the California Supreme Court issued its landmark decision Brinker Restaurant Corp

The Week In Securities Litigation: SEC Settles Going Private Transaction Fraud Action

TGormanSECActionsBlog@porterwright.com (Thomas O. Gorman) — Fri, 14 Jun 2013 17:05:00 -0400

The Commission filed a settled action alleging fraud in connection with a going private transaction based on Exchange Act Section 13(e). The agency also brought its first action penalizing an exchange for regulatory filings this week.

The SEC also added a managing director of a New York brokerage firm as a defendant in its case centered on bribes paid to an official of an Argentine bank. The Manhattan U.S. Attorney's Office filed parallel criminal charges against the same person. In addition, the Commission filed another action against an investment adviser, this time centered on the theft of assets, and three new insider trading cases. One insider trading case involved tipping by a corporate executive; another tipping by the brother-in-law of a corporate director;

California Official Reports: Electronic Advance Sheet - Court Opinions For Friday, June 14, 2013

Fri, 14 Jun 2013 13:14:00 -0400

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Philip Morris USA Inc., et al. v. Sharon Putney, et al., Nos. 4D10-3606 and 4D10-5244, Fla. App., 4th Dist.; 2013 Fla. App. LEXIS 9279).

(Opinion available. Document #04-130619-035Z.)

The Fourth District

Supreme Court Partly Reverses, Says Isolated DNA Not Patentable

melissa.ritti@lexisnexis.com (Melissa Ritti) — Thu, 13 Jun 2013 17:12:00 -0400

WASHINGTON, D.C. - (Mealey's) In a unanimous ruling June 13, the U.S. Supreme Court found that although complementary DNA, or "cDNA," is patent-eligible, isolated DNA is not (The Association for Molecular Pathology, et al. v. Myriad Genetics Inc., No. 12-398, U.S. Sup.). (lexis.com subscribers may access Supreme Court briefs and the opinion for this case).

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Gresser v. Dow Chemical Co., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [enhanced version available to lexis.com subscribers], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses after a purported exposure to Dursban TC in their home following a pesticide application by the co-defendant pesticide applicator.

Plaintiffs alleged that defendants Dow Chemical Company and Dow Agrosciences (collectively, "Dow") failed to use reasonable care

California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, June 12, 2013

Wed, 12 Jun 2013 11:15:00 -0400

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Annie Tummino, et al. v. Margaret Hamburg, et al., No. 12-763, E.D. N.Y., Annie Tummino, et al. v. Margaret Hamburg, et al., No. 13-1690, 2nd Cir).

(Letter available. Document #28-130620-003X. Citizen petition letter available. Document #28-130620-004X.)

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U.S. Supreme Court To Rule On Precondition To Arbitration Issue

lisa.schaeffer@lexisnexis.com (Lisa M. Schaeffer) — Mon, 10 Jun 2013 17:17:00 -0400

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 10 granted a petition for writ of certiorari filed by a U.K. investor in a dispute with the Republic of Argentina over whether courts, rather than arbitrators, should decide whether a precondition to arbitration has been satisfied (BG Group Plc v. Republic of Argentina, No. 12-138, U.S. Sup. [lexis.com subscribers may access Supreme Court briefs for this case].).

(Order list available. Document #05-130625-012X.)

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2nd Circuit Lifts Stay On 2-Pill Plan B Contraceptive, Expedites FDA's Appeal

thomas.moylan@lexisnexis.com (Tom Moylan) — Sat, 08 Jun 2013 17:35:00 -0400

NEW YORK - (Mealey's) The Second Circuit U.S. Court of Appeals on June 5 said the federal government failed to meet the standard to obtain a stay of a lower court order that the Food and Drug Administration immediately make the older, two-pill Plan B emergency contraceptive available without prescription and without age or sales restrictions (Annie Tummino, et al. v. Margaret Hamburg, et al., No. 13-1690, 2nd Cir.).

(Order available. Document #28-130620-001R.)

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California Official Reports: Electronic Advance Sheet - Court Opinions For Thursday, June 6, 2013

Thu, 06 Jun 2013 15:53:00 -0400

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California Official Reports: Electronic Advance Sheet - Court Opinions For Wednesday, June 5, 2013

Wed, 05 Jun 2013 14:21:00 -0400

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