SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).
SAN JOSE, Calif. - A California federal judge on Nov. 20 granted summary judgment for an employer on claims of breach of contract and violation of California's unfair competition law (UCL), finding that a one-year expiration date provision in a former's employee's contract applied to her stock options (Soonhee Jang v. Dupont E.I. De Nemours & Co., No. 15-cv-03719, N.D. Calif.; 2015 U.S. Dist. LEXIS 158180).
SAN FRANCISCO - The United States on Nov. 23 filed a motion in federal court in California seeking to dismiss claims brought by man who sued the government after a large seedpod fell on his head at a national park and caused permanent damage (Sean J. Mace v. U.S. of America, et al., No. 3:15cv4060, N.D. Calif.).
SAN JOSE, Calif. - A federal judge in California on Nov. 20 granted final approval of a nearly $25 million securities class action settlement, ruling that the settlement has met all statutory requirements for approval (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.; 2015 U.S. Dist. LEXIS 157408).
SAN DIEGO - A California federal judge on Nov. 20 denied a motion filed by a maker of vodka for summary judgment on claims for violation of California's unfair competition law (UCL) and negligent misrepresentation in relation to terms used on its labels, finding that the safe harbor doctrine was not triggered in the case (Gary Hofmann v. Fifth Generation Inc., et al., No. 14cv2569, S.D. Calif.; 2015 U.S. Dist. LEXIS 157378).
SAN JOSE, Calif. - In five motions to dismiss filed Nov. 23 in California federal court, Anthem Inc. and related entities seek dismissal of a class action over a January 2015 breach of its network, citing of standing, jurisdiction and failure to state a claim (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).
SAN DIEGO - A federal judge in California on Nov. 18 partially granted and partially dismissed a lawsuit brought by a woman against two companies she contended had contaminated the soil and groundwater near her home with various disposed chemicals, ruling that the facts of the case did not demonstrate a "credible" increase in the risk of cancer (Danielle Trujillo, et al. v. AMETEK Inc., et al., No. 15-1394, S.D. Calif.; 2015 U.S. Dist. LEXIS 156803).
SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Nov. 19 rejected findings by a California federal judge that a trademark infringement plaintiff is likely to succeed on the merits of its claim in a dispute over various unregistered and registered marks associated with the Miwok Indians (Shingle Springs Band of Miwok Indians v. Cesar Caballero, No. 13-15411, 9th Cir.; 2015 U.S. App. LEXIS 20094).
SAN FRANCISCO - A California federal judge on Nov. 18 dismissed a consumer's claims for violation of California's unfair competition law (UCL) and other California laws, finding that he failed to show that he relied on a representation that tortilla chips contained no trans-fat when he purchased the product (Victor Guttmann v. La Tapatia Tortilleria Inc., No. 15-cv-02042, N.D. Calif.; 2015 U.S. Dist. LEXIS 156800).
SAN DIEGO - CoreLogic Inc. is unable to argue that its removal of copyright management information (CMI) from various photographs was a fair use, a California federal judge ruled Nov. 17; the defendant was given leave to amend its affirmative defenses, however (Robert Stevens, et al. v. CoreLogic Inc., No. 14-1158, S.D. Calif.; 2015 U.S. Dist. LEXIS 156161).
SAN JOSE, Calif. - Dismissal of a consolidated complaint in a shareholder derivative lawsuit is not proper, a federal judge in California ruled Nov. 16, because an investor has properly shown that demand on a company's board of directors was futile (In re Intuitive Surgical Shareholder Derivative Litigation, No. 14-0515, N.D. Calif.).
SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 16 recommended that a default ruling be entered against the owner of a commercial establishment after it failed to respond to claims for violation for California's unfair competition law (UCL), conversion and other causes of action for showing an unauthorized broadcast, awarding the owner of the broadcast $10,000 in damages (J&J Sports Productions Inc. v. Philip Isidro, No. 2:14-cv-2720, E.D. Calif.; 2015 U.S. Dist. LEXIS 154773).
SACRAMENTO, Calif. - The California judge who ruled that a deal under which a company would pay $350,000 to reimburse the California Department of Toxic Substances Control (DTSC) for costs the agency incurred in cleaning up arsenic, chromium and copper contamination at a former wood-preserving site in Elmira, Calif., was fair ordered the approval of the agreement on Nov. 16 (California Department of Toxic Substances Control, et al. v. Jim Dobbas Inc., et al., No. 14-595 WBS EFB, E.D. Calif.; 2015 U.S. Dist. LEXIS 154829).
LOS ANGELES - A California federal judge on Nov. 13 held that William H. Cosby Jr.'s homeowners and excess insurer has a duty to defend him against an underlying lawsuit brought by model, actress and TV producer Janice Dickinson, rejecting the insurer's argument that coverage is barred by the "sexual molestation or corporal punishment" exclusion (AIG Property Casualty Co. v. William H. Cosby Jr., et al., No. 15-04842, C.D. Calif.).
SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).
OAKLAND, Calif. - A California federal judge on Nov. 13 granted preliminary approval of a tortilla trans-fat labeling settlement that provides only injunctive relief to the settlement class (Victor Guttmann v. Ole Mexican Foods, Inc., No. 14-4845, N.D. Calif.; 2015 U.S. Dist. LEXIS 154046).
SAN DIEGO - A California federal magistrate judge on Nov. 13 denied a motion filed by the employer in a wage-and-hour suit seeking contempt sanctions and disqualification after the lead plaintiff collected information about the potential class and then decided not to move for class certification (Jack Hernandez, et al. v. Best Buy Stores, L.P., et al., No. 13-2587, S.D. Calif.; 2015 U.S. Dist. LEXIS 154103).
SAN FRANCISCO - A California federal magistrate on Nov. 12 refused to grant an insurer's motion to dismiss a lawsuit seeking coverage for an underlying unfair competition lawsuit against the owner of LensCrafters and a health care service provider (EYEXAM of California Inc., et al. v. Allied World Surplus Lines Insurance Company, et al., No. 15-03643, N.D. Calif.; 2015 U.S. Dist. LEXIS 153388).