SAN FRANCISCO - A former starting running back for the West Virginia University football team filed an antitrust class complaint in California federal court on March 5 against the National Collegiate Athletic Association (NCAA) and the "Power Conferences" for the cap placed on athletic scholarships (Shawne Alston, et al. v. National Collegiate Athletic Association, et al., No. 14-1011, N.D. Calif.).
LOS ANGELES - A labor economist and professor on March 6 presented expert testimony in support of current California teacher employer laws in the lawsuit filed in Los Angeles County Superior Court by California students challenging the constitutionality of those laws (Beatriz Vergara, et al. v. State of California, et al., No. BC484642, Calif. Super., Los Angeles Co.).
LOS ANGELES - The Chapter 11 trustee in the bankruptcy proceeding of GGW Brands LLC, the parent company for the producer of adult entertainment company that produces videos carrying the name "Girls Gone Wild," on March 6 filed a brief in the U.S. Bankruptcy Court for the Central District of California opposing a motion to compel GGW to surrender commercial property that operates as the company's office (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).
LOS ANGELES - California's health exchange forced the cancellation of 1 million residents' health plans and threatens millions more, despite the Patient Protection and Affordable Care Act's (ACA) exclusion of existing policies from its coverage mandates, a state senator claims in a March 4 complaint (Edward Gaines, Gaines Insurance Agency Inc., et al. v. Peter Lee, in his official capacity as Executive Director of the California Health Benefit Exchange, et al., No. BS147414, Calif. Super., Los Angeles Co.).
LOS ANGELES - Los Angeles County Superior Court Judge Rolf M. Treu on March 4 denied motions for judgment filed by the defendants and intervenors in the lawsuit filed by California students against the state challenging teacher employment laws (Beatriz Vergara, et al. v. State of California, et al., No. BC484642, Calif. Super., Los Angeles Co.).
SAN FRANCISCO - A California federal bankruptcy judge on Feb. 28 confirmed the modified plan of reorganization of Chapter 11 debtor Plant Insulation Co. on remand from the Ninth Circuit U.S. Court of Appeals, finding that the revised plan now satisfies the requirement of Section 524(g) of the U.S. Bankruptcy Code that the plan's asbestos trust is entitled to own a majority of voting shares in the reorganized debtor (In re Plant Insulation Company, No. 09-31347, N.D. Calif. Bkcy.).
SAN FRANCISCO - In a Medicaid reimbursement case, a California appeals court on Feb. 28 affirmed a demurrer in favor of the defendant, saying that based on changes in law, states are not required to consider provider costs in setting reimbursement rates (Tim Keffeler, et al. v. Partnership Healthplan of California, No. A135536, Calif. App., 1st. Dist., Div.1; 2014 Cal. App. LEXIS 200).
WASHINGTON, D.C. - A California federal judge's construction of the term "program" as limited to application programs was erroneous, the Federal Circuit U.S. Court of Appeals ruled March 3 in reversing an award of summary judgment in favor of defendant Apple Inc. (Ancora Technologies Inc. v. Apple Inc., Nos. 13-1378, -1414, Fed. Cir.).
SAN DIEGO - A California federal judge on Feb. 27 rejected a motion to reconsider certifying a class of employees suing Jenny Craig Inc. for federal and state wage violations after opining that the lead named plaintiff failed to successfully argue that there was new controlling law (Nashonna Coleman v. Jenny Craig, Inc., No. 11-1301, S.D. Calif.; 2014 U.S. Dist. LEXIS 26260).
SAN FRANCISCO - A California federal judge properly found that a claim for trademark cancellation, standing alone, does not provide an independent basis for subject matter jurisdiction, the Ninth Circuit U.S. Court of Appeals ruled Feb. 28 (Airs Aromatics LLC v. Victoria's Secret Stores Brand Management Inc., No. 12-22576, 9th Cir.; 2014 U.S. App. LEXIS 3865).
LOS ANGELES - The Second District California Court of Appeal on Feb. 26 overturned a judgment for the plaintiff in an auto accident action, remanding the case for a partial new trial on apportionment of noneconomic damages (Ciara Vollaro v. Maureen Lispi, No. B242544, Calif. App., 2nd Dist., Div. 4; 2014 Cal. App. LEXIS 181).
SAN JOSE, Calif. - A federal judge in California on Feb. 25 certified a class of shareholders in a securities class action lawsuit, ruling that the named shareholder has properly met all statutory requirements for class certification (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.).
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Feb. 27 denied a request by Apple Inc. for an order transferring patent infringement litigation from Texas to California federal court (In re: Apple Inc., Misc. Docket No. 156, Fed. Cir.).
SAN JOSE, Calif. - The California unfair competition law (UCL)'s four-year statute of limitations bars a woman's action claiming that Pfizer Inc. misrepresented the efficacy of Zoloft, a federal judge held Feb. 21 (Laura A. Plumlee, et al. v. Pfizer Inc., No. 13-414, N.D. Calif.; 2014 U.S. Dist. LEXIS 23172).
SANTA ANA, Calif. - Federal law preempts a district attorney's California unfair competition law (UCL) action seeking civil penalties for violation of state workplace safety regulations because the state's federally approved workplace safety plan lacks such a remedy, an appeals court held Feb. 24 (Solus Industrial Innovations LLC, et al. v. The Superior Court of Orange Co., The People, real party in interest, No. G047661, Calif. App., 4th Dist., Div. 4).
LOS ANGELES - The federal bankruptcy judge in California presiding over the Chapter 11 case of GGW Brands LLC, the parent company for the maker of adult videos carrying the name "Girls Gone Wild," on Feb. 24 issued an order establishing the date for a sale of GGW's assets, as well as a minimum price of $2,025,000 (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).
PHILADELPHIA - The County of Santa Clara, Calif., can proceed with its state law false advertising lawsuit against GlaxoSmithKline plc (GSK) for its marketing of the diabetes drug Avandia without regard to political boundaries, a Pennsylvania federal judge ruled Feb. 25 in denying defense summary judgment (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 1871, No. 2:07-md-1871, County of Santa Clara v. GlaxoSmithKline, No. 10-1637, E.D. Pa.).
SAN FRANCISCO - A manufacturer of prosthetic knees failed to demonstrate that its rival violated California's antitrust law by using its market power to manipulate insurance reimbursement for such knees because the manufacturer failed to prove that competition was adversely affected, the Ninth Circuit U.S. Court of Appeals affirmed Feb. 24 in an unpublished opinion (DAW Industries, Inc. v. Hanger Orthopedic Group, Inc., No. 11-56858, 9th Cir.; 2014 U.S. App. LEXIS 3406).
LOS ANGELES - A homeowners insurer failed to comply with the notice requirements of the Right to Repair Act, depriving a builder of its right to inspect and repair a defect in a home, a California appeals panel ruled Feb. 21, ordering summary judgment in favor of the builder (KB Home Greater Los Angeles Inc. v. The Superior Court of Los Angeles County and Allstate Insurance Co., No. B246769, Calif. App., 2nd Dist.; 2014 Cal. App. LEXIS 167).
LOS ANGELES - In reversing a lower court decision, a California appeals panel on Feb. 19 held that emergency room physicians alleged sufficient facts to reflect the existence of a claim for negligent delegation asserted against health maintenance organizations for allegedly knowing that their independent practice associations (IPAs) were unable to pay the physicians for providing statutorily required services (Centinela Freeman Emergency Medical Associates, et al. v. Health Net of California Inc., et al., No. B238867, Calif. App., 2nd. Dist., Div. 3; 2014 Cal. App. LEXIS 158).