SAN FRANCISCO - A California federal judge on Nov. 4 agreed to stay an action seeking damages for injuries suffered in a crash of an international flight at San Francisco International Airport, pending a decision to transfer the case to a multidistrict litigation with 12 other similar cases (Hector Machorro Jr., et al. v. Asiana Airlines Inc., No. 13-cv-3286, N.D. Calif.).
SAN FRANCISCO - A California federal judge did not err in dismissing a copyright infringement claim on grounds that it is time-barred, the Ninth Circuit U.S. Court of Appeals ruled Nov. 6 (Seven Arts Filmed Entertainment Limited v. Paramount Pictures Corp., No. 11-56759, 9th Cir.).
SAN DIEGO - Injunctive relief and restitution constitute separate remedies under the California unfair competition law (UCL), and lack of standing to pursue one does not bar the other, a California federal judge held Nov. 1 (Gino Maraventano and Neesha Kurji v. Nordstrom Inc., a Washington corporation, and DOES 1-100 inclusive, Gina Balasanyan and Nune Nalbandian, et al. v. Nordstrom Inc., et al. Nos. 10-2671, 11-2609, S.D. Calif.; 2013 U.S. Dist. LEXIS 157194).
WASHINGTON, D.C. - A California federal judge erroneously granted a preliminary injunction in a patent infringement dispute, a divided Federal Circuit U.S. Court of Appeals panel held in a Nov. 4 ruling, saying that the defendant has established entitlement to a patent exhaustion defense (LifeScan Scotland Ltd. et al. v. Shasta Technologies LLC et al., No. 13-1271, Fed. Cir.).
SAN FRANCISCO - A procedure for determining the portion of settlement proceeds to be awarded to certain class members in a consumer antitrust action against Microsoft Corp. does not violate the terms of the underlying $1.1 billion settlement agreement, a California appellate court affirmed Oct. 31 in an unpublished opinion (Charles J. Longo, et al. v. Microsoft Corporation, No. A136531, Calif. App., 1st Dist.; 2013 Cal. App. Unpub. LEXIS 7931).
LOS ANGELES - The U.S. trustee in the Chapter 11 bankruptcy of GGW Brands LLC, the parent company that makes adult videos under the name "Girls Gone Wild," on Oct. 31 filed a brief in the U.S. Bankruptcy Court for the Central District of California arguing that the attorney representing GGW is not entitled to keep a $20,000 retainer (In Re: GGW Brands LLC, No. 15130, Chapter 11, C.D. Calif. Bkcy.).
SANTA ANA, Calif. - Alleged misrepresentations about the steps a lender would take to help a customer appear to provide adequate basis for a California unfair competition law (UCL) claim, and the resulting home foreclosure appears to constitute an injury, a divided appeals court held Oct. 31 (Richard Lueras v. BAC Home Loans Servicing LP, et al., No. G046799, Calif. App., 4th Dist., Div. 3; 2013 Cal. App. LEXIS 886).
LOS ANGELES - After finding that a condominium owner suffered no covered loss in relation to the demolition of an allegedly leaking shower that caused mold, a California appeals court on Oct. 30 affirmed a decision to deny him coverage under his insurance policy (Paul Sigelman v. State Farm General Insurance Co., No. B241981, Calif. App., 2nd Dist., Div. 1; 2013 Cal. App. Unpub. LEXIS 7843).
LOS ANGELES - A trial judge's order directing removal of two pages from a law firm's website during an asbestos trial constitutes prior restraint of speech and violates the First Amendment, a California appeals court held Oct. 30 (Christie Steiner, et al. v. The Superior Court of Santa Barbara Co., Volkswagen Group of America, et al., No. B235347, Calif. App., 2nd Dist., Div. 6).
SAN FRANCISCO - A federal judge in California on Oct. 30 partially dismissed a court-appointed receiver's lawsuit against a bank for alleged violations of state and federal securities laws, ruling that the receiver failed to state a claim for relief (Thomas A. Seaman v. California Business Bank, et al., No. 13-2031, N.D. Calif.; 2013 U.S. Dist. LEXIS 155919).
LOS ANGELES - The AIDS Healthcare Foundation (AHF) on Oct. 30 sued Johnson & Johnson (J&J) and related entities in California state court, alleging that for nine years, they failed to provide drugs at a discounted rate required under a federal "safety net" program to treat HIV and AIDS (AIDS Healthcare Foundation v. Johnson & Johnson, et al., No. BC526253, Calif. Super., Los Angeles Co., Central Dist.).
LOS ANGELES - A trial judge did not err in barring an asbestos expert from testifying regarding publications not in evidence nor in limiting cross-examination of two defense witnesses in a trial netting a defense verdict for automobile manufacturers, a California appeals panel held Oct. 30 (Christie Steiner, as successor in interest, etc. v. Volkswagen Group of America Inc., et al., Nos. B236532, B240488, Calif. App., 2nd Dist., Div. 6).
LOS ANGELES - A commercial general liability insurance policy excludes coverage for damages arising out of an insured's "performing operations" on property and for missing personal property, a California appeals panel affirmed Oct. 28 (Gerald V. Hollingsworth, et al. v. ProBuilders Specialty Insurance Co., No. B239118, Calif. App., Dist. 2, Div. 8; 2013 Cal. App. Unpub. LEXIS 7729).
SANTA ANA, Calif. - A federal judge in California on Oct. 29 refused to preliminarily approve a $10 million settlement between a class of borrowers and lenders who provided them with option adjustable-rate mortgages (ARM), ruling that the plaintiffs were unable to show why the proposed settlement class should be broader than an already certified class for claims brought under California's unfair competition law (UCL) (Timothy R. Peel, et al. v. BrooksAmerica Mortgage Corp., et al., No. 11-79-JLS, C.D. Calif.).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Oct. 30 reinstated a class complaint accusing Wal-Mart Stores Inc. of falsely claiming that its battery recycling fee was required by California law (June Woolverton Johnson, et al. v. Wal-Mart Stores, Inc., No. 12-55233, 9th Cir.; 2013 U.S. App. LEXIS 22119).
OAKLAND, Calif. - Former and current student athletes may continue with their claim that the National Collegiate Athletic Association (NCAA) violated federal antitrust law by conspiring with Electronic Arts Inc. (EA) and Collegiate Licensing Co. (CLC) to restrain competition in the market for the commercial use of their names, images and likenesses in game footage, a federal judge in California ruled Oct. 25 in denying the NCAA's motion to dismiss (In Re NCAA Student-Athlete Name & Likeness Licensing Litigation, No. 09-1967, N.D. Calif.; 2013 U.S. Dist. LEXIS 153730).
RIVERSIDE, Calif. - The bankrupt City of San Bernardino, Calif., on Oct. 28 filed a brief in the U.S. Bankruptcy Court for the Central District of California opposing a motion by the California Public Employees' Retirement System (CalPERS) seeking certification of a direct appeal to the Ninth Circuit U.S. Court of Appeals regarding the city's eligibility to file for Chapter 9 bankruptcy (In Re: San Bernardino, Calif., No. 12-28006, Chapter 9, C.D. Calif. Bkcy.).
PASADENA, Calif. - A grocery store chain's arbitration policy is unconscionable under California contract law and that state law is not preempted by the Federal Arbitration Act (FAA), the Ninth Circuit U.S. Court of Appeals ruled Oct. 28 (Zenia Chavarria, et al. v. Ralphs Grocery Company, No. 11-56673, 9th Cir.; 2013 U.S. App. LEXIS 21959).
LOS ANGELES - A federal judge in California on Oct. 25 certified a class in a securities lawsuit, ruling that lead plaintiffs have met all statutory guidelines for class certification (In re China Intelligent Lighting and Electronics Inc. Securities Litigation, No. 11-2768, C.D. Calif.).
WASHINGTON, D.C. - A California federal judge did not err in upholding a jury's determination that an intervertebral implant patent is invalid, nor in denying the prevailing defendant an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Oct. 29 (Synthes USA LLC v. Spinal Kinetics Inc., No. 13-1047, Fed. Cir.).
LOS ANGELES - A California appeals court on Oct. 29 affirmed a jury's finding holding John Crane Inc. 70 percent liable for a man's mesothelioma, affirmed a $14.5 million punitive damages award against the company and rejected the argument that the Navy's status as a sophisticated intermediary prevented liability (William Pfeifer, et al. v. Aurora Pump Co., et al., No. B232315, Calif. App., 2nd Dist.).
LOS ANGELES - A California appeals court on Oct. 24 affirmed a decision that awarded fees, finding that a woman who claimed that she was exposed to mold while working for a school district was the prevailing party in the litigation and was entitled to the fees (Christina Garcia v. Governing Board of Bellflower Unified School District, No. B247320, Calif. App., 2nd Dist., Div. 3; 2013 Cal. App. LEXIS 853).
OAKLAND, Calif. - A California federal magistrate judge on Oct. 25 granted preliminary approval of a class action settlement in a dispute filed by Internet virtual world participants over "ownership" of virtual land and items (Evans, et al. v. Linden Research, Inc., et al., No. 11-1078, N.D. Calif.; 2013 U.S. Dist. LEXIS 153725).
LOS ANGELES - A trademark dispute between two brothers that spilled over into California court will proceed without a temporary restraining order (TRO), a federal judge ruled Oct. 28 (Brian Lichtenberg, et al. v. Alex and Chloe Inc., et al., No. 13-6837, C.D. Calif.).
OAKLAND, Calif. - A California federal magistrate judge on Oct. 25 granted preliminary approval of a $2 million settlement in a wage-and-hour class complaint filed by cafe employees who allege that they were denied overtime pay and meal and rest breaks (Nicola Covillo, et al. v. Specialtys Cafe, et al., No. 11-594, N.D. Calif.; 2013 U.S. Dist. LEXIS 153724).