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).
WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 24 granted a petition for a writ of certiorari in a lawsuit over the validity of class action waivers in employment arbitration agreements and remanded the case to the Second District California Court of Appeal for further consideration in light of its ruling in American Express Co. v. Italian Colors Restaurant (570 U.S. __ ) (CarMax Auto Superstores California, LLC, et al. v. John Wade Fowler, et al., No. 13-439, U.S. Sup.).
LOS ANGELES - Though an expert used the seemingly generic term valves during his testimony, when that testimony is taken in full context, he clearly referenced Crane Co.'s products alone, a California appeals panel held Feb. 21 in an asbestos exposure case (Elaine M. Paulus, et al. v. Crane Co., No. B246505, Calif. App., 2nd Dist., Div. 3).
LOS ANGELES - A federal judge in California on Feb. 20 dismissed with prejudice a third amended complaint brought by plaintiffs claiming that misrepresentations made by loan servicers about the borrowers' ability to obtain loan modifications they did not qualify for resulted in the foreclosure of their homes, finding that the allegations did not include the required amount of specificity (Tom Casault v. Federal National Mortgage Association, et al., No. 11-10520, C.D. Calif.).
SACRAMENTO, Calif. - A California federal judge amended his findings on Feb. 20 to reduce an award to two insolvent insurers to $86,996.93 regarding counterclaims against insureds regarding an alleged wrongdoing in defending an insured under a professional liability insurance policy (Dale M. Wallis, D.V.M., et al. v. Centennial Insurance Company Inc. and Atlantic Mutual Insurance Company Inc., No. 08-2558, E.D. Calif.; 2014 U.S. Dist. LEXIS 22277).
LOS ANGELES - Perfect Science Labs LLC, an affiliate of bankrupt GGW Brands LLC - the parent company of the maker of adult videos carrying the name "Girls Gone Wild" - on Feb. 21 moved in the U.S. Bankruptcy Court for the Central District of California to compel GGW to surrender commercial property that Perfect Science and GGW use for office space (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).