LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Class Of Delivery Drivers Granted Certification In Wage-And-Hour Suit

SAN FRANCISCO - A California federal magistrate judge on Nov. 20 granted a motion for class certification in a lawsuit filed by delivery drivers who claim that they were improperly classified as independent contractors and are owed unpaid wages (Daniel Villalpando, et al. v. Exel Direct Inc., et al., No. 12-4137, N.D. Calif.; 2014 U.S. Dist. LEXIS 162755).

Mealey's Antitrust/Unfair Competition - MDL Judge Remands California DA's Suit Against GM To State Court

NEW YORK - The federal judge overseeing the General Motors LLC ignition switch litigation ruled Nov. 24 that a suit brought by Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of GM-manufactured vehicles belongs in the California state court where it was originally filed (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's PI/Product Liability - California Court Affirms Judgment For Premises Owner In Take-Home Asbestos Case

LOS ANGELES - Imposing liability on a premises owner for household exposures to asbestos threatens "limitless liability," a divided California appeals panel held Nov. 21 in affirming judgment for the company (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist.; 2014 Cal. App. Unpub. LEXIS 8363).

Mealey's Labor & Employment - California Court Affirms Judgment For Premises Owner In Take-Home Asbestos Case

LOS ANGELES - Imposing liability on a premises owner for household exposures to asbestos threatens "limitless liability," a divided California appeals panel held Nov. 21 in affirming judgment for the company (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist.; 2014 Cal. App. Unpub. LEXIS 8363).

Mealey's Banking & Finance - Judge Declines To Dismiss Unfair Competition Claim In Mortgage Payment Dispute

SAN FRANCISCO - A federal judge in California on Nov. 20 declined to dismiss a suit accusing a financial institution of violating the state's unfair competition law (UCL) by failing to accept timely mortgage payments, saying the plaintiff supported all his claims (Fernando Morales v. Nationstar Mortgage LLC, No. 14-3081, N.D. Calif.; 2014 U.S. Dist. LEXIS 162961).

Mealey's Litigation Procedure - Class Of Delivery Drivers Granted Certification In Wage-And-Hour Suit

SAN FRANCISCO - A California federal magistrate judge on Nov. 20 granted a motion for class certification in a lawsuit filed by delivery drivers who claim that they were improperly classified as independent contractors and are owed unpaid wages (Daniel Villalpando, et al. v. Exel Direct Inc., et al., No. 12-4137, N.D. Calif.; 2014 U.S. Dist. LEXIS 162755).

Mealey's Antitrust/Unfair Competition - Judge Declines To Dismiss Unfair Competition Claim In Mortgage Payment Dispute

SAN FRANCISCO - A federal judge in California on Nov. 20 declined to dismiss a suit accusing a financial institution of violating the state's unfair competition law (UCL) by failing to accept timely mortgage payments, saying the plaintiff supported all his claims (Fernando Morales v. Nationstar Mortgage LLC, No. 14-3081, N.D. Calif.; 2014 U.S. Dist. LEXIS 162961).

Mealey's PI/Product Liability - MDL Judge Remands California DA's Suit Against GM To State Court

NEW YORK - The federal judge overseeing the General Motors LLC ignition switch litigation ruled Nov. 24 that a suit brought by Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of GM-manufactured vehicles belongs in the California state court where it was originally filed (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - California Court Affirms Judgment For Premises Owner In Take-Home Asbestos Case

LOS ANGELES - Imposing liability on a premises owner for household exposures to asbestos threatens "limitless liability," a divided California appeals panel held Nov. 21 in affirming judgment for the company (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist.; 2014 Cal. App. Unpub. LEXIS 8363).

Mealey's Insurance - 'Testing' Exclusion Does Not Bar Insured's Defense, Federal Judge Concludes

LOS ANGELES - A commercial general liability insurance policy's "testing" exclusion does not preclude an insured's defense in an underlying lawsuit arising from water damage from the insured's allegedly failed fire sprinkler, a California federal judge ruled Nov. 19 (Century Surety Co. v. Gene Pira Inc., et al., No. 13-07289, C.D. Calif.; 2014 U.S. Dist. LEXIS 162866).

Mealey's Insurance - Panel Affirms Dismissal Of Bad Faith Claim In Underinsured Motorist Suit

SACRAMENTO, Calif. - A California state court did not err in granting summary judgment in an insurance breach of contract and bad faith lawsuit because an insurer did not act in bad faith in denying an insured's claim under and underinsured motorist policy, a California appeals panel ruled Nov. 19 (Christina Elliott v. Geico Indemnity Co., No. C072129, Calif. App., 3rd Dist.; 2014 Cal. App. LEXIS 1050).

Mealey's PI/Product Liability - California Panel Affirms $3.67M Pelvic Mesh Verdict

FRESNO, Calif. - A California appeals panel on Nov. 19 affirmed a $3.67 million judgment in a pelvic mesh trial, denying defendant C.R. Bard Inc.'s argument that the jury questions were erroneous, that post-surgery evidence was improperly admitted and that there was misconduct by a plaintiffs' attorney and by one juror (Christine Scott, et al. v. C.R. Bard, Inc., No. F066039, Calif. App., 5th Dist.; 2014 Cal. App. LEXIS 1049).

Mealey's IP/Tech - Federal Circuit: Collateral Estoppel Wrongly Applied In Patent Case

WASHINGTON, D.C. - A California federal judge's determination of noninfringement based upon a determination that a plaintiff was collaterally estopped from seeking a claim construction of its own patent was partly reversed Nov. 19 by the Federal Circuit U.S. Court of Appeals (e.Digital Corporation v. Futurewei Technologies Inc., et al., No. 14-1019, Fed. Cir.).

Mealey's PI/Product Liability - California Federal Jury Finds For John Crane Inc. In Asbestos Gasket Case

LOS ANGELES - A California jury on Nov. 17 returned a defense verdict for John Crane Inc. in a case alleging exposure to asbestos from its gaskets (Susan Hill, et al. v. Air & Liquid Systems Corp., et al., No. 12-8713, C.D. Calif.).

Mealey's Toxic Tort/Environmental - California Federal Jury Finds For John Crane Inc. In Asbestos Gasket Case

LOS ANGELES - A California jury on Nov. 17 returned a defense verdict for John Crane Inc. in a case alleging exposure to asbestos from its gaskets (Susan Hill, et al. v. Air & Liquid Systems Corp., et al., No. 12-8713, C.D. Calif.).

Mealey's Litigation Procedure - 9th Circuit: CAFA Triggered By Plaintiff's Request In California Darvon Cases

SAN FRANCISCO - In a 9-2 ruling, the Ninth Circuit U.S. Court of Appeals on Nov. 18 said that multiple plaintiffs in two Darvon/Darvocet/propoxyphene cases intended to have their cases coordinated by a state court "for all purposes" and, thus, removal to federal court under the Class Action Fairness Act (CAFA) is triggered (Margalit Corber, et al. v. Xanodyne Pharmaceuticals, Inc., No. 13-56306, Judith Romo, et al. v. Teva Pharmaceuticals USA, Inc., No. 13-56310, 9th Cir.).

Mealey's PI/Product Liability - 9th Circuit: CAFA Triggered By Plaintiff's Request In California Darvon Cases

SAN FRANCISCO - In a 9-2 ruling, the Ninth Circuit U.S. Court of Appeals on Nov. 18 said that multiple plaintiffs in two Darvon/Darvocet/propoxyphene cases intended to have their cases coordinated by a state court "for all purposes" and, thus, removal to federal court under the Class Action Fairness Act (CAFA) is triggered (Margalit Corber, et al. v. Xanodyne Pharmaceuticals, Inc., No. 13-56306, Judith Romo, et al. v. Teva Pharmaceuticals USA, Inc., No. 13-56310, 9th Cir.).

Mealey's Litigation Procedure - Drug Country-Of-Origin Suit Against Apotex, Costco Dismissed By Federal Judge

LOS ANGELES - A California federal judge on Nov. 13 dismissed without prejudice a pro se lawsuit against Apotex Corp. and Costco Wholesale Corp. for selling a prescription heart drug without disclosing that it was made in India (Joel D. Joseph v. Costco Wholesale Corporation, et al., No. 14-6899, C.D. Calif.).

Mealey's Banking & Finance - California Federal Judge Dismisses UCL Claim In Mortgage Foreclosure Suit

FRESNO, Calif. - A federal judge in California on Nov. 12 partially granted the defendant's motion to dismiss a case related to a mortgage foreclosure, dismissing a state unfair competition law (UCL) claim with leave to amend (Anthony Moreno, et al. v. Wells Fargo Home Mortgage, et al., No. 14-1024, E.D. Calif.; 2014 U.S. Dist. LEXIS 159349).

Mealey's Litigation Procedure - California Federal Judge Declines To Certify UCL Class In Labor Dispute

OAKLAND, Calif. - A federal judge in California on Nov. 12 partially granted and partially denied plaintiffs' motion to certify eight putative classes in a wage and labor dispute. Among the classes denied was a state unfair competition law class, which was denied as being redundant to the class and subclasses certified (Charles Brewer, et al. v. General Nutrition Corp., No. 11-3587, N.D. Calif.; 2014 U.S. Dist. LEXIS 159380).

Mealey's Labor & Employment - California Federal Judge Declines To Certify UCL Class In Labor Dispute

OAKLAND, Calif. - A federal judge in California on Nov. 12 partially granted and partially denied plaintiffs' motion to certify eight putative classes in a wage and labor dispute. Among the classes denied was a state unfair competition law class, which was denied as being redundant to the class and subclasses certified (Charles Brewer, et al. v. General Nutrition Corp., No. 11-3587, N.D. Calif.; 2014 U.S. Dist. LEXIS 159380).

Mealey's Insurance - Magistrate Judge Recommends Dismissal Of Insurer's Claim For Equitable Reimbursement

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 Nov. 13, recommending 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.; 2014 U.S. Dist. LEXIS 159953).

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses UCL Claim In Mortgage Foreclosure Suit

FRESNO, Calif. - A federal judge in California on Nov. 12 partially granted the defendant's motion to dismiss a case related to a mortgage foreclosure, dismissing a state unfair competition law (UCL) claim with leave to amend (Anthony Moreno, et al. v. Wells Fargo Home Mortgage, et al., No. 14-1024, E.D. Calif.; 2014 U.S. Dist. LEXIS 159349).

Mealey's Antitrust/Unfair Competition - California Federal Judge Declines To Certify UCL Class In Labor Dispute

OAKLAND, Calif. - A federal judge in California on Nov. 12 partially granted and partially denied plaintiffs' motion to certify eight putative classes in a wage and labor dispute. Among the classes denied was a state unfair competition law class, which was denied as being redundant to the class and subclasses certified (Charles Brewer, et al. v. General Nutrition Corp., No. 11-3587, N.D. Calif.; 2014 U.S. Dist. LEXIS 159380).

Mealey's PI/Product Liability - Drug Country-Of-Origin Suit Against Apotex, Costco Dismissed By Federal Judge

LOS ANGELES - A California federal judge on Nov. 13 dismissed without prejudice a pro se lawsuit against Apotex Corp. and Costco Wholesale Corp. for selling a prescription heart drug without disclosing that it was made in India (Joel D. Joseph v. Costco Wholesale Corporation, et al., No. 14-6899, C.D. Calif.).