LexisNexis® Legal Newsroom
Mealey's Labor & Employment - ERISA's Hold-In-Trust Requirement Doesn't Require Express Words, 9th Circuit Says

SAN FRANCISCO - Specific terminology need not be used to meet the requirement of Employee Retirement Income Security Act Section 403(a) that "all assets of an employee benefits plan shall be held in trust by one or more trustees," the Ninth Circuit U.S. Court of Appeals ruled April 7 (David Barboza v. California Association of Professional Firefighters, et al., Nos. 11-15472, 11-16024, 11-16081, 16082, 9th Cir.; 2015 U.S. App. LEXIS 5583).

Mealey's IP/Tech - California Federal Judge: Willful Infringement Claims Against Apple Can Proceed

SAN FRANCISCO - Although awarding Apple Inc. dismissal of allegations that it infringed one patent, a California federal judge on April 6 agreed to allow claims of willful infringement by the software giant to proceed with regard to four others (OpenTV Inc. v. Apple Inc., No. 14-1622, N.D. Calif.; 2015 U.S. Dist. LEXIS 44856).

Mealey's Litigation Procedure - Contract, Unfair Competition Claims Over Google Wallet May Proceed, Judge Rules

SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).

Mealey's Antitrust/Unfair Competition - Contract, Unfair Competition Claims Over Google Wallet May Proceed, Judge Rules

SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).

Mealey's Litigation Procedure - Citing FTC Settlement, Judge Denies Certifying Google In-App Purchase Class

SAN JOSE, Calif. - In light of the Federal Trade Commission's settlement with Google Inc. over the sale of unauthorized purchases made by minors related to games and applications purchased from the Google Play Store (in-app purchases), a California federal judge on April 3 granted the Internet giant's motion to deny certification of a class that "covers the same conduct at issue in the FTC matter," finding that it did not meet the superiority requirement of Federal Rule of Civil Procedure (FRCP) 23 (Ilana Imber-Gluck, et al. v. Google Inc., No. 5:14-cv-01070, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Citing FTC Settlement, Judge Denies Certifying Google In-App Purchase Class

SAN JOSE, Calif. - In light of the Federal Trade Commission's settlement with Google Inc. over the sale of unauthorized purchases made by minors related to games and applications purchased from the Google Play Store (in-app purchases), a California federal judge on April 3 granted the Internet giant's motion to deny certification of a class that "covers the same conduct at issue in the FTC matter," finding that it did not meet the superiority requirement of Federal Rule of Civil Procedure (FRCP) 23 (Ilana Imber-Gluck, et al. v. Google Inc., No. 5:14-cv-01070, N.D. Calif.).

Mealey's Bankruptcy - Receiver Asks Court To Certify Order As Final And Appealable

FRESNO, Calif. - The receiver of an insolvent insurer asked a federal court in California on April 1 to certify one of the court's previous orders as final (Thomas T. Hawker, et al. v. BancInsure, Inc., et al., No. 12-cv-01261, E.D. Calif.).

Mealey's Litigation Procedure - Purina Asks California Federal Court To Dismiss Suit Alleging Tainted Dog Food

SAN FRANCISCO - Claims in a putative class action alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances have "no credible basis" and rest on "unsubstantiated and anecdotal online reports," Purina argues in a motion to dismiss filed in the U.S. District Court for the Northern District of California on April 2 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Purina Asks California Federal Court To Dismiss Suit Alleging Tainted Dog Food

SAN FRANCISCO - Claims in a putative class action alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances have "no credible basis" and rest on "unsubstantiated and anecdotal online reports," Purina argues in a motion to dismiss filed in the U.S. District Court for the Northern District of California on April 2 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).

Mealey's PI/Product Liability - Crane Co. Asks Federal Judge To Exclude 'Every Exposure' Opinions

SAN FRANCISCO - Two experts' opinion that every asbestos fiber exposure substantially contributes to disease meets neither federal expert reliability standards nor California law on causation, an asbestos defendant told a federal judge in California on April 3 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).

Mealey's Litigation Procedure - Crane Co. Asks Federal Judge To Exclude 'Every Exposure' Opinions

SAN FRANCISCO - Two experts' opinion that every asbestos fiber exposure substantially contributes to disease meets neither federal expert reliability standards nor California law on causation, an asbestos defendant told a federal judge in California on April 3 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).

Mealey's IP/Tech - Citing FTC Settlement, Judge Denies Certifying Google In-App Purchase Class

SAN JOSE, Calif. - In light of the Federal Trade Commission's settlement with Google Inc. over the sale of unauthorized purchases made by minors related to games and applications purchased from the Google Play Store (in-app purchases), a California federal judge on April 3 granted the Internet giant's motion to deny certification of a class that "covers the same conduct at issue in the FTC matter," finding that it did not meet the superiority requirement of Federal Rule of Civil Procedure (FRCP) 23 (Ilana Imber-Gluck, et al. v. Google Inc., No. 5:14-cv-01070, N.D. Calif.).

Mealey's PI/Product Liability - Purina Asks California Federal Court To Dismiss Suit Alleging Tainted Dog Food

SAN FRANCISCO - Claims in a putative class action alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances have "no credible basis" and rest on "unsubstantiated and anecdotal online reports," Purina argues in a motion to dismiss filed in the U.S. District Court for the Northern District of California on April 2 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit Affirms Claim Construction, Reverses Invalidity Holding

WASHINGTON, D.C. - Although a California federal judge properly construed disputed claims in several technology patents, his decision to grant a summary judgment of patent invalidity was improper, the Federal Circuit U.S. Court of Appeals ruled April 3 (Vasudevan Software Inc. v. MicroStrategy Inc., No. 14-1094, Fed. Cir.).

Mealey's Insurance - Receiver Asks Court To Certify Order As Final And Appealable

FRESNO, Calif. - The receiver of an insolvent insurer asked a federal court in California on April 1 to certify one of the court's previous orders as final (Thomas T. Hawker, et al. v. BancInsure, Inc., et al., No. 12-cv-01261, E.D. Calif.).

Mealey's Toxic Tort/Environmental - Crane Co. Asks Federal Judge To Exclude 'Every Exposure' Opinions

SAN FRANCISCO - Two experts' opinion that every asbestos fiber exposure substantially contributes to disease meets neither federal expert reliability standards nor California law on causation, an asbestos defendant told a federal judge in California on April 3 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 11-3240, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Judge: Couple Fails To Plead Facts To Show Landlord Liable For Tainted Water

SACRAMENTO, Calif. - A federal magistrate judge in California on April 3 ruled that a California couple failed to plead facts sufficient show that a landlord of a shopping center was negligent or engaged in some ultrahazardous activity on which potential strict liability could be premised with respect to chemical contamination of the couple's groundwater (Anna Lance, et al. v. Commerce Trust Company, No. 15-0341, E.D. Calif.; 2015 U.S. Dist. LEXIS 44321).

Mealey's Toxic Tort/Environmental - 9th Circuit Vacates Ruling Ordering CERCLA Defendant To Pay Half Of Future Costs

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on April 2 overturned a California federal judge's ruling ordering a defendant in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit to pay half of the future response costs the plaintiff company incurs in remediating dense nonaqueous phase liquid tetrachloroethene (DNAPL PCE) contamination at a former dry cleaning site, holding that the judge erred when calculating how much the defendant company should pay (AmeriPride Services Inc. v. Texas Eastern Overseas Inc., No. 12-17245, 9th Cir.; 2015 U.S. App. LEXIS 5308).

Mealey's Insurance - Judge Grants Dismissal Of Insurers' Equitable Reimbursement Claim

FRESNO, Calif. - Commercial general liability insurers fail to assert any claims for breach of the cooperation clause of the insurance agreement or for equitable reimbursement, a California federal magistrate judge held April 3, granting the dismissal of claims against additional insureds regarding a defense in an underlying construction defects case (Travelers Property Casualty Company of America, et al. v. Centex Homes, et al., No. 14-01388, E.D. Calif.; 2015 U.S. Dist. LEXIS 44340).

Mealey's Antitrust/Unfair Competition - Parties Dismiss Appeal After Injunction Issued For UCL Violations

SAN FRANCISCO - Parties involved in case in which California's Accrediting Commission for Community and Junior Colleges (ACCJC) was accused of engaging in practices that violated the unlawful prong of the state's unfair competition law (UCL) when, in 2013, it terminated City College of San Francisco's (CCSF) accreditation, on April 1 filed a stipulation to dismiss an appeal following a February decision by a state court issuing a final injunction and judgment in the case that provides the CCSF a new option to secure its accreditation (People of the State of California ex rel. Dennis Herrera, San Francisco City Attorney v. Accrediting Commission for Community and Junior Colleges, No. A141237, Calif. App., 1st Dist., Div. 4).

Mealey's IP/Tech - Contract, Unfair Competition Claims Over Google Wallet May Proceed, Judge Rules

SAN JOSE, Calif. - After previously dismissing a putative class action targeting Google Wallet, a California federal judge on April 1 found that many of the previous defects had been cured, permitting claims for breach of contract and violation of California's unfair competition law (UCL) to survive a dismissal motion by Google Inc. (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.; 2015 U.S. Dist. LEXIS 43902).

Mealey's Litigation Procedure - Judge Approves $8.5 Million Settlement Of Privacy Class Action Against Google

SAN JOSE, Calif. - Deeming a proposed settlement between Google Inc. and a proposed class to be fair, a California federal judge on March 31 granted final approval a year after preliminarily approving it, disposing of the class action related to alleged privacy violations related to user information purportedly revealed to third parties via "referrer headers" created from search query results (In Re Google Referrer Header Privacy Litigation, No. 10-cv-04809, N.D. Calif.).

Mealey's Litigation Procedure - Judge Grants Preliminary Approval Of $25M Securities Class Action Settlement

SAN JOSE, Calif. - A federal judge in California on March 31 granted preliminary 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 42228).

Mealey's IP/Tech - Judge Approves $8.5 Million Settlement Of Privacy Class Action Against Google

SAN JOSE, Calif. - Deeming a proposed settlement between Google Inc. and a proposed class to be fair, a California federal judge on March 31 granted final approval a year after preliminarily approving it, disposing of the class action related to alleged privacy violations related to user information purportedly revealed to third parties via "referrer headers" created from search query results (In Re Google Referrer Header Privacy Litigation, No. 10-cv-04809, N.D. Calif.).

Mealey's Securities/D&O Liability - Judge Grants Preliminary Approval Of $25M Securities Class Action Settlement

SAN JOSE, Calif. - A federal judge in California on March 31 granted preliminary 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 42228).