LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class May Pursue Some Claims Over LinkedIn's Endorsement Emails, Judge Says

SAN JOSE, Calif. - A putative class may proceed with its state law unfair competition and common law right of publicity claims against LinkedIn Corp., a California federal judge ruled June 12, finding that the plaintiffs had standing and had sufficiently alleged injury to proceed against the social network operator (Paul Perkins, et al. v. LinkedIn Corp., No. 13-cv-04303, N.D. Calif.; 2014 U.S. Dist. LEXIS 81042).

Mealey's Antitrust/Unfair Competition - Class May Pursue Some Claims Over LinkedIn's Endorsement Emails, Judge Says

SAN JOSE, Calif. - A putative class may proceed with its state law unfair competition and common law right of publicity claims against LinkedIn Corp., a California federal judge ruled June 12, finding that the plaintiffs had standing and had sufficiently alleged injury to proceed against the social network operator (Paul Perkins, et al. v. LinkedIn Corp., No. 13-cv-04303, N.D. Calif.; 2014 U.S. Dist. LEXIS 81042).

Mealey's Labor & Employment - Calif. Federal Judge Dismisses Wrongful Denial Of Health Care Benefits Suit

SAN FRANCISCO - A California federal judge on June 12 dismissed a wrongful denial of health care benefits suit, saying the health plans at issue excluded treatment at residential treatment facilities that were not staffed 24/7 with licensed mental health professionals, but granted leave to amend the complaint (Elizabeth L., et al. v. Aetna Life Insurance Co., No. 13-2554, N.D. Calif.; 2014 U.S. Dist. LEXIS 80988).

Mealey's Banking & Finance - Federal Judge Gives Property Owner Chance To Replead UCL Allegations

OAKLAND, Calif. - A California man's claims that a bank's mortgage lending practices violate the state's unfair competition law (UCL) fail because he did not plead any facts to support allegations that the bank engaged in unlawful, unfair or fraudulent business acts or practices, a federal judge held June 13 in granting the bank's motion to dismiss the claims (Edward Lawrence v. Wells Fargo Bank, N.A., No. 14-1272, N.D. Calif.; 2014 U.S. Dist. LEXIS 81278).

Mealey's Antitrust/Unfair Competition - Federal Judge Gives Property Owner Chance To Replead UCL Allegations

OAKLAND, Calif. - A California man's claims that a bank's mortgage lending practices violate the state's unfair competition law (UCL) fail because he did not plead any facts to support allegations that the bank engaged in unlawful, unfair or fraudulent business acts or practices, a federal judge held June 13 in granting the bank's motion to dismiss the claims (Edward Lawrence v. Wells Fargo Bank, N.A., No. 14-1272, N.D. Calif.; 2014 U.S. Dist. LEXIS 81278).

Mealey's Health Law - Calif. Federal Judge Dismisses Wrongful Denial Of Health Care Benefits Suit

SAN FRANCISCO - A California federal judge on June 12 dismissed a wrongful denial of health care benefits suit, saying the health plans at issue excluded treatment at residential treatment facilities that were not staffed 24/7 with licensed mental health professionals, but granted leave to amend the complaint (Elizabeth L., et al. v. Aetna Life Insurance Co., No. 13-2554, N.D. Calif.; 2014 U.S. Dist. LEXIS 80988).

Mealey's IP/Tech - Class May Pursue Some Claims Over LinkedIn's Endorsement Emails, Judge Says

SAN JOSE, Calif. - A putative class may proceed with its state law unfair competition and common-law right of publicity claims against LinkedIn Corp., a California federal judge ruled June 12, finding that the plaintiffs had standing and had sufficiently alleged injury to proceed against the social network operator (Paul Perkins, et al. v. LinkedIn Corp., No. 13-cv-04303, N.D. Calif.; 2014 U.S. Dist. LEXIS 81042).

Mealey's Banking & Finance - Appeals Panel Reverses, Says UCL Claims Against Lender Can Proceed

SAN FRANCISCO - A homeowner has standing to pursue California unfair competition law (UCL) claims alleging that a lender made misrepresentations about a loan modification under the federal Home Affordable Mortgage Program (HAMP) because he properly asserted that he was injured by the lender's actions, a state appellate court held June 12 in reversing a trial court's ruling (Daniel Pestana v. Bank of America, N.A., No. A137566, Calif. App., 1st Dist., Div. 1).

Mealey's IP/Tech - California High Court: Disparagement Not Alleged Against Insured; No Coverage

SAN FRANCISCO - The Supreme Court of California on June 12 affirmed an appeals court's finding that a commercial general liability insurer has no duty to defend its insured against a patent and trademark infringement lawsuit because the underlying claimant did not allege a claim for disparagement that would have triggered personal and advertising injury coverage (Hartford Casualty Insurance Co. v. Swift Distribution Inc., et al., No. S207172, Calif. Sup.; 2014 Cal. LEXIS 3765).

Mealey's Insurance - Unclean Hands Serves As Defense To Insureds' Breach Of Contract Suit, Panel Says

SANTA ANA, Calif. - Insureds' claims for breach of contract and breach of the covenant of good faith and fair dealing against their insurer for denial of a defective construction claim are barred by the insureds' unclean hands, a California appeals panel affirmed June 12 (Carvale Construction Inc., et al. v. Probuilders Specialty Insurance Company RRG, No. G048635, Calif. App., 4th Dist., Div. 3; 2014 Cal. App. Unpub. LEXIS 4157).

Mealey's Antitrust/Unfair Competition - Appeals Panel Reverses, Says UCL Claims Against Lender Can Proceed

SAN FRANCISCO - A homeowner has standing to pursue California unfair competition law (UCL) claims alleging that a lender made misrepresentations about a loan modification under the federal Home Affordable Mortgage Program (HAMP) because he properly asserted that he was injured by the lender's actions, a state appellate court held June 12 in reversing a trial court's ruling (Daniel Pestana v. Bank of America, N.A., No. A137566, Calif. App., 1st Dist., Div. 1).

Mealey's Insurance - California High Court: Disparagement Not Alleged Against Insured; No Coverage

SAN FRANCISCO - The Supreme Court of California on June 12 affirmed an appeals court's finding that a commercial general liability insurer has no duty to defend its insured against a patent and trademark infringement lawsuit because the underlying claimant did not allege a claim for disparagement that would have triggered personal and advertising injury coverage (Hartford Casualty Insurance Co. v. Swift Distribution Inc., et al., No. S207172, Calif. Sup.; 2014 Cal. LEXIS 3765).

Mealey's PI/Product Liability - Asbestos Bankruptcy Trust Ruling Stands After California Top Court Denies Review

LOS ANGELES - The California Supreme Court on June 11 declined Crane Co.'s petition arguing that a judge could reduce a judgment by amounts allegedly available to the plaintiff through asbestos bankruptcy trusts (Elaine M. Paulus, et al. v. Crane Co., No. S218222, Calif. Sup.).

Mealey's Bankruptcy - Asbestos Bankruptcy Trust Ruling Stands After California Top Court Denies Review

LOS ANGELES - The California Supreme Court on June 11 declined Crane Co.'s petition arguing that a judge could reduce a judgment by amounts allegedly available to the plaintiff through asbestos bankruptcy trusts (Elaine M. Paulus, et al. v. Crane Co., No. S218222, Calif. Sup.).

Mealey's Labor & Employment - Former Los Angeles Clippers Intern Files Class Complaint Seeking Unpaid Wages

LOS ANGELES - The Los Angeles Clippers (LAC Basketball Club Inc.) and The Sterling Family Trust violated the Fair Labor Standards Act (FLSA) and the California unfair competition law by failing to pay interns, a former intern alleges in his class complaint filed June 10 in the U.S. District Court for the Central District of California (Frank Cooper, et al. v. LAC Basketball Club, Inc., et al., No. 14-4445, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Former Los Angeles Clippers Intern Files Class Complaint Seeking Unpaid Wages

LOS ANGELES - The Los Angeles Clippers (LAC Basketball Club Inc.) and The Sterling Family Trust violated the Fair Labor Standards Act (FLSA) and the California unfair competition law by failing to pay interns, a former intern alleges in his class complaint filed June 10 in the U.S. District Court for the Central District of California (Frank Cooper, et al. v. LAC Basketball Club, Inc., et al., No. 14-4445, C.D. Calif.).

Mealey's Toxic Tort/Environmental - Asbestos Bankruptcy Trust Ruling Stands After California Top Court Denies Review

LOS ANGELES - The California Supreme Court on June 11 declined Crane Co.'s petition arguing that a judge could reduce a judgment by amounts allegedly available to the plaintiff through asbestos bankruptcy trusts (Elaine M. Paulus, et al. v. Crane Co., No. S218222, Calif. Sup.).

Mealey's Litigation Procedure - Former Los Angeles Clippers Intern Files Class Complaint Seeking Unpaid Wages

LOS ANGELES - The Los Angeles Clippers (LAC Basketball Club Inc.) and The Sterling Family Trust violated the Fair Labor Standards Act (FLSA) and the California unfair competition law by failing to pay interns, a former intern alleges in his class complaint filed June 10 in the U.S. District Court for the Central District of California (Frank Cooper, et al. v. LAC Basketball Club, Inc., et al., No. 14-4445, C.D. Calif.).

Mealey's Insurance - Homeowners Insurer Did Not Breach Duty To Defend Claims, Federal Judge Says

SAN JOSE, Calif. - Allegations made by neighbors that insureds failed to repair a retaining wall did not constitute an "occurrence," a California federal judge held June 6, finding that a homeowners insurer did not breach any duty to defend or duty to investigate the underlying claims (Jenny K. Daniels and Mark M. Daniels v. Allstate Insurance Co., No. 14-00824, N.D. Calif.; 2014 U.S. Dist. LEXIS 78352).

Mealey's Health Law - California Appeals Court Reverses Ruling In Medicare Payment Dispute

FRESNO, Calif. - A California appeals court on June 10 held that a trial court incorrectly interpreted a statute governing the reimbursement of noncontract providers for the payment of Medicare services, which resulted in evidence of the reasonable and customary value of services provided being limited to a hospital's full billed charges (Children's Hospital Central California v. Blue Cross of California, et al., No. F065603, Calif. App., 5th Dist.; 2014 Cal. App. LEXIS 503).

Mealey's Antitrust/Unfair Competition - Student Athletes: NCAA Will Settle Video Game Likeness Suit For $20 Million

OAKLAND, Calif. - The National Collegiate Athletic Association (NCAA) and four former student athletes filed a notice of settlement in the U.S. District Court for the Northern District of California on June 9 in the class suit alleging misappropriation of the plaintiffs' names, images and likenesses for use in NCAA-branded video games in violation of rights-of-publicity laws in Indiana and California (Samuel Michael Keller, et al. v. National Collegiate Athletic Association, et al., No. 09-1967, N.D. Calif.).

Mealey's PI/Product Liability - Biomedical Company Appeals Confirmation Of Arbitration Award To 9th Circuit

SAN DIEGO - A California biomedical company on June 6 filed in the Ninth Circuit U.S. Court of Appeals its notice of appeal of a federal judge's decision confirming an international arbitration award issued in favor of a Japanese entity and denying its cross-petition to vacate the award (MediVas LLC, et al. v. Marubeni Corp., et al., No. 10-CV-1001, S.D. Calif.; 2014 U.S. Dist. LEXIS 77698).

Mealey's Labor & Employment - California State Judge: Teacher Employment Statutes Are Unconstitutional

LOS ANGELES - Five California statutes regarding the employment and retention of teachers that were challenged by California students are all unconstitutional, a Los Angeles County Superior Court judge found in a tentative decision issued June 10 (Beatriz Vergara, et al. v. State of California, et al., No. BC484642, Calif. Super., Los Angeles Co.).

Mealey's Litigation Procedure - Biomedical Company Appeals Confirmation Of Arbitration Award To 9th Circuit

SAN DIEGO - A California biomedical company on June 6 filed in the Ninth Circuit U.S. Court of Appeals its notice of appeal of a federal judge's decision confirming an international arbitration award issued in favor of a Japanese entity and denying its cross-petition to vacate the award (MediVas LLC, et al. v. Marubeni Corp., et al., No. 10-CV-1001, S.D. Calif.; 2014 U.S. Dist. LEXIS 77698).

Mealey's Litigation Procedure - Student Athletes: NCAA Will Settle Video Game Likeness Suit For $20 Million

OAKLAND, Calif. - The National Collegiate Athletic Association (NCAA) and four former student athletes filed a notice of settlement in the U.S. District Court for the Northern District of California on June 9 in the class suit alleging misappropriation of the plaintiffs' names, images and likenesses for use in NCAA-branded video games in violation of rights-of-publicity laws in Indiana and California (Samuel Michael Keller, et al. v. National Collegiate Athletic Association, et al., No. 09-1967, N.D. Calif.).