FRESNO, Calif. - A California appeals court on March 7 affirmed the issuance of preliminary injunctions enjoining three Internet cafes from offering "sweepstakes" on computers in their shops, finding that the district attorney will likely prevail on her claim under the state's unfair competition law (UCL) (The People v. Kirnpal Grewal, et al., Nos. F065450, F065451, F065689, Calif. App., 5th Dist.; 2014 Cal. App. LEXIS 214).
SAN FRANCISCO - A federal judge in California on March 7 dismissed a woman's lawsuit against Wells Fargo Bank N.A. and HSBC Bank USA, finding that she lacked standing to challenge the assignment of her mortgage loan in 2007 and that she was unable to show how Wells Fargo's alleged violation of the Real Estate Settlement Procedures Act (RESPA) caused her to suffer an injury (Marialuz A. Barnares v. wells Fargo Bank N.A., et al., No. C-13-4896, N.D. Calif.; 2014 U.S. Dist. LEXIS 29909).
WASHINGTON, D.C. - The U.S. Supreme Court on March 10 invited the solicitor general to file a brief addressing whether Congress' removal of a private right of action from the Truth in Savings Act (TISA) bars consumers' California unfair competition law (UCL) claim (Bank of America N.A. v. Harold C. Rose, et al., No. 13-662, U.S. Sup.).
LOS ANGELES - A California court on March 6 affirmed a trial court's decision in favor of various owners of a commercial property, finding that building employees failed to present expert evidence in support of their claims that Legionella bacteria and mold in the water system made them sick (Carol Harris, et al. v. 3075 Wilshire LLC, et al., No. B223826, Calif. App., 2nd Dist., Div. 2; 2014 Cal. App. Unpub. LEXIS 1629).
SAN FRANCISCO - The First District California Court of Appeal on March 5 affirmed summary judgment for a transportation authority named as the defendant in a personal injury action, ruling that the plaintiffs failed to show that a train operator was negligent or that the defendant's train doors were dangerous (Yang Ti, et al. v. San Francisco Bay Area Rapid Transit District, No. A136954, Calif. App., 1st Dist., Div. 3; 2014 Cal. App. Unpub. LEXIS 1575).
LOS ANGELES - A California appeals panel on March 5 affirmed an order dismissing in part insurance agents' lawsuit against an intermediate insurance broker regarding the broker's role in lapsed insurance policies pending the agents' filing suit in Texas based on a forum selection clause between the parties (Madick Insurance Services, et al. v. 3 Mark Financial Inc., No. B249500, Calif. App., 2nd Dist., Div. 8; 2014 Cal. App. Unpub. LEXIS 1593).
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).