LexisNexis® Legal Newsroom
Mealey's IP/Tech - Apple Motion To Strike Expert Testimony Denied In Part

SAN FRANCISCO - A California federal magistrate judge on March 14 found that a patent plaintiff's revised infringement contentions provide sufficient disclosure of the theory of induced infringement, even if those contentions fail to identify the alleged third-party infringers by name (Emblaze Ltd. v. Apple Inc., No. 11-1079, N.D. Calif.).

Mealey's IP/Tech - Federal Circuit: Claim Construction Erroneous

WASHINGTON, D.C. - A California federal judge's entry of summary judgment in favor of patent infringement defendant Google Inc. was vacated and remanded by the Federal Circuit U.S. Court of Appeals on March 14 (Vederi LLC v. Google Inc., No. 13-1057, Fed. Cir.).

Mealey's Labor & Employment - 9th Circuit: Federal Court Lacks Jurisdiction Over PAGA Suit Under CAFA

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 13 ordered a wage-and-hour lawsuit brought under the California Labor Code Private Attorneys General Act of 2004 (PAGA) to be sent back to state court after determining that a federal court could not exercise jurisdiction over the case under the Class Action Fairness Act (CAFA) (Joseph Baumann, et al. v. Chase Investment Services Corp., et al., No. 12-55644, 9th Cir.; 2014 U.S. App. LEXIS 4777).

Mealey's Litigation Procedure - Not Enough Facts To Pursue UCL, Warranty Breach Claims, Federal Judge Rules

OAKLAND, Calif. - A woman's proposed class action claims against two washing-machine manufacturers under the California unfair competition law (UCL) and false advertising law (FAL) fail because she did not plead the claims with the heightened particularity required for fraud allegations, a federal judge held March 11 in dismissing the claims, though with leave to amend (Laury Smith v. LG Electronics U.S.A., Inc., et al., (No. 13-4361, N.D. Calif.; 2014 U.S. Dist. LEXIS 31577).

Mealey's PI/Product Liability - Not Enough Facts To Pursue UCL, Warranty Breach Claims, Federal Judge Rules

OAKLAND, Calif. - A woman's proposed class action claims against two washing-machine manufacturers under the California unfair competition law (UCL) and false advertising law (FAL) fail because she did not plead the claims with the heightened particularity required for fraud allegations, a federal judge held March 11 in dismissing the claims, though with leave to amend (Laury Smith v. LG Electronics U.S.A., Inc., et al., (No. 13-4361, N.D. Calif.; 2014 U.S. Dist. LEXIS 31577).

Mealey's Labor & Employment - McDonald's Workers File 7 Class Complaints Alleging They Were Robbed Of Wages

Fast food workers in California, Michigan and New York filed multiple class complaints on March 12 and 13 in federal and state courts accusing McDonald's Corp. of stealing workers' wages in various ways, including forcing them to work off the clock, shaving hours off their time cards and not paying them overtime (Tasha Beard, et al. v. McDonald's Corporation, et al., No. 14-1664, E.D. N.Y.; Jason Hughes, et al. v. McDonald's Corp., et al., No. RG14717085, Calif. Super., Alameda Co..; Montel Pullen, et al. v. McDonald's Corporation, et al., No. 14-11081, E.D. Mich.; Guadalupe Salazar, et al. v. McDonald's Corp., et al., No. RG14717081, Calif. Super., Alameda Co.; Maria Sanchez, et al. v. McDonald's Restaurants of California, Inc., et al., No. BC499888, Calif. Super., Los Angeles Co.; Shamia Wilson, et al. v. McDonald's Corporation, et al., No. 14-11082, E.D. Mich.; Stephanie Ochoa v. McDonald's Corp., No. RG14717102, Calif. Super., Alameda Co.).

Mealey's Antitrust/Unfair Competition - Not Enough Facts To Pursue UCL, Warranty Breach Claims, Federal Judge Rules

OAKLAND, Calif. - A woman's proposed class action claims against two washing-machine manufacturers under the California unfair competition law (UCL) and false advertising law (FAL) fail because she did not plead the claims with the heightened particularity required for fraud allegations, a federal judge held March 11 in dismissing the claims, though with leave to amend (Laury Smith v. LG Electronics U.S.A., Inc., et al., (No. 13-4361, N.D. Calif.; 2014 U.S. Dist. LEXIS 31577).

Mealey's Litigation Procedure - 9th Circuit: Federal Court Lacks Jurisdiction Over PAGA Suit Under CAFA

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 13 ordered a wage-and-hour lawsuit brought under the California Labor Code Private Attorneys General Act of 2004 (PAGA) to be sent back to state court after determining that a federal court could not exercise jurisdiction over the case under the Class Action Fairness Act (CAFA) (Joseph Baumann, et al. v. Chase Investment Services Corp., et al., No. 12-55644, 9th Cir.; 2014 U.S. App. LEXIS 4777).

Mealey's Insurance - Insurance Broker Did Not Have Fiduciary Duty To Insurer, Judge Concludes

SACRAMENTO, Calif. - A licensed insurance broker with a controlling interest in a company that served as a managing agent to an insurer did not have a fiduciary duty to the insurer, a California federal judge ruled March 11, denying summary judgment to the insurer on its breach of fiduciary duty claim (Universal Casualty Co. v. Fred C. Godinez III, et al., No. 11-00934, E.D. Calif.; 2014 U.S. Dist. LEXIS 32184).

Mealey's Litigation Procedure - McDonald's Workers File 7 Class Complaints Alleging They Were Robbed Of Wages

Fast food workers in California, Michigan and New York filed multiple class complaints on March 12 and 13 in federal and state courts accusing McDonald's Corp. of stealing workers' wages in various ways, including forcing them to work off the clock, shaving hours off their time cards and not paying them overtime (Tasha Beard, et al. v. McDonald's Corporation, et al., No. 14-1664, E.D. N.Y.; Jason Hughes, et al. v. McDonald's Corp., et al., No. RG14717085, Calif. Super., Alameda Co..; Montel Pullen, et al. v. McDonald's Corporation, et al., No. 14-11081, E.D. Mich.; Guadalupe Salazar, et al. v. McDonald's Corp., et al., No. RG14717081, Calif. Super., Alameda Co.; Maria Sanchez, et al. v. McDonald's Restaurants of California, Inc., et al., No. BC499888, Calif. Super., Los Angeles Co.; Shamia Wilson, et al. v. McDonald's Corporation, et al., No. 14-11082, E.D. Mich.; Stephanie Ochoa v. McDonald's Corp., No. RG14717102, Calif. Super., Alameda Co.).

Mealey's Litigation Procedure - Federal Judge Orders Preservation Of NSA Call Data Records In Privacy Suits

SAN FRANCISCO - Granting ex parte motions for temporary restraining orders (TROs) filed by the plaintiffs in two different lawsuits against the U.S. government's collection of telephone call data record data, a California federal judge on March 10 ordered that any existing call data records be preserved, despite a March 7 order by the Foreign Intelligence Surveillance Court (FISC) that was interpreted as permitting destruction of the data (Carolyn Jewel, et al. v. National Security Agency, et al., No. 3:08-cv-04373, and First Unitarian Church of Los Angeles, et al. v. National Security Agency, et al., No. 13-03287, N.D. Calif.).

Mealey's Litigation Procedure - Unfair Competition Claim Survives In Google Android Privacy Class Action

SAN FRANCISCO - Although a California federal judge on March 10 found that the putative plaintiffs in a privacy and fraud class action against Google Inc. failed to establish their claim under the Computer Fraud and Abuse Act (CFAA), he found their unfair competition claim sufficiently pleaded, granting in part and denying in part Google's motion to dismiss (In Re Google Android Consumer Privacy Litigation, No. 3:11-md-00264, N.D. Calif.; 2014 U.S. Dist. LEXIS 31430).

Mealey's Antitrust/Unfair Competition - Unfair Competition Claim Survives In Google Android Privacy Class Action

SAN FRANCISCO - Although a California federal judge on March 10 found that the putative plaintiffs in a privacy and fraud class action against Google Inc. failed to establish their claim under the Computer Fraud and Abuse Act (CFAA), he found their unfair competition claim sufficiently pleaded, granting in part and denying in part Google's motion to dismiss (In Re Google Android Consumer Privacy Litigation, No. 3:11-md-00264, N.D. Calif.; 2014 U.S. Dist. LEXIS 31430).

Mealey's IP/Tech - Federal Judge Orders Preservation Of NSA Call Data Records In Privacy Suits

SAN FRANCISCO - Granting ex parte motions for temporary restraining orders (TROs) filed by the plaintiffs in two different lawsuits against the U.S. government's collection of telephone call data record data, a California federal judge on March 10 ordered that any existing call data records be preserved, despite a March 7 order by the Foreign Intelligence Surveillance Court (FISC) that was interpreted as permitting destruction of the data (Carolyn Jewel, et al. v. National Security Agency, et al., No. 3:08-cv-04373, and First Unitarian Church of Los Angeles, et al. v. National Security Agency, et al., No. 13-03287, N.D. Calif.).

Mealey's IP/Tech - Unfair Competition Claim Survives In Google Android Privacy Class Action

SAN FRANCISCO - Although a California federal judge on March 10 found that the putative plaintiffs in a privacy and fraud class action against Google Inc. failed to establish their claim under the Computer Fraud and Abuse Act (CFAA), he found their unfair competition claim sufficiently pleaded, granting in part and denying in part Google's motion to dismiss (In Re Google Android Consumer Privacy Litigation, No. 3:11-md-00264, N.D. Calif.; 2014 U.S. Dist. LEXIS 31430).

Mealey's Bankruptcy - Bankrupt Diocese Of Stockton, Calif., To Pay $220,000 To Continue Health Benefits

SACRAMENTO, Calif. - The bankrupt Roman Catholic Bishop of Stockton, Calif., the official name of the Diocese of Stockton, on March 12 filed a stipulation in the U.S. Bankruptcy Court for the Eastern District of California under which it would pay $220,000 to Blue Shield of California to assure continuation of benefits during bankruptcy (In Re: The Roman Catholic Bishop of Stockton, Calif., No. 14-20371, Chapter 11, E.D. Calif. Bkcy.).

Mealey's Bankruptcy - California City Says It Faces $503.27 Million In Bankruptcy Claims

RIVERSIDE, Calif. - The bankrupt City of San Bernardino, Calif., on March 12 filed a status report in the U.S. Bankruptcy Court for the Central District of California concerning the progress in its Chapter 9 bankruptcy proceeding in which it says 260 claims have been filed against the city for a combined total of $503,278,000, with an additional 80 claims filed in unstated amounts (In Re: City of San Bernardino, California, No. 12-28006, Chapter 9, C.D. Calif. Bkcy.).

Mealey's PI/Product Liability - California Appeals Panel Upholds Defense Verdict For Bicycle Manufacturer

SAN DIEGO - The Fourth District California Court of Appeal on March 11 affirmed a defense verdict in a product liability case, disagreeing with the plaintiff's contention that the trial court judge's ownership interest of certain insurance companies disqualifies him (Shelley Brown v. American Bicycle Group LLC, No. D063268, Calif. App., 4th Dist., Div. 1; 2014 Cal. App. LEXIS 223).

Mealey's IP/Tech - Divided Federal Circuit Affirms Denial Of Fee Award In Patent Case

WASHINGTON, D.C. - A California federal judge properly ruled that prevailing defendants in a protracted patent infringement case are not entitled to an award of attorney fees, prejudgment interest and post-judgment fees in connection with their largely successful appeal, the Federal Circuit U.S. Court of Appeals ruled March 12 (Therasense Inc. v. Becton, Dickinson and Company et al., No. 12-1504, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Says Controversy Exists In Patent Dispute

WASHINGTON, D.C. - A California federal magistrate judge erroneously dismissed a declaratory judgment patent action on jurisdictional grounds, the Federal Circuit U.S. Court of Appeals ruled March 11 (Danisco US Inc. v. Novozymes A/S et al., No. 13-1214, Fed. Cir.).

Mealey's Insurance - Panel Upholds Judgment In Favor Of Insurance Broker On Professional Negligence Claim

SACRAMENTO, Calif. - Construction companies failed to assert professional negligence and constructive fraud claims against an insurance broker regarding a failed workers' compensation program, a California appeals panel held March 10, affirming summary judgment in favor of the insurance broker (Mark Tanner Construction Inc., et al. v. HUB International Insurance Services Inc., No. C071176, Calif. App., 3rd Dist.; 2014 Cal. App. LEXIS 219).

Mealey's PI/Product Liability - Pop Warner Hit With Personal Injury Claims In California State Court

LOS ANGELES - A California woman filed a complaint in state court on March 6, contending that her teenage son was seriously injured while participating in a Pop Warner football game (Crystal Dixon v. Pop Warner Little Scholars Inc., et al., No. BC526842, Calif. Super., Los Angeles Co.).

Mealey's IP/Tech - California Appeals Court Upholds Injunctions Barring Internet Cafes' Sweepstakes

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).

Mealey's Antitrust/Unfair Competition - Woman Lacks Standing To Challenge Mortgage's Assignment, Judge Rules

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).

Mealey's Banking & Finance - U.S. High Court Asks For Solicitor General Brief In Competition Law Case

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.).