SAN JOSE, Calif. - Santa Clara County on July 20 announced that Pfizer Inc. has agreed to restrictions on its marketing of opioid drugs in California.
SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose the IRS's summons (United States v. Coinbase Inc., No. 3:17-cv-01431, N.D. Calif., 2017 U.S. Dist. LEXIS 111756).
RIVERSIDE, Calif. - After finding that Property Assessed Clean Energy (PACE) programs are considered tax assessments and are not regulated by the Truth in Lending Act (TILA) and another federal law, a California federal judge on July 17 granted a motion filed by several government entities and a company to dismiss a case against them, but remanded claims for violation of California's unfair competition law (UCL) to state court (In re Hero Loan Litigation, No. 16-02478, No. 16-02491, No. 16-08943, C.D. Calif., 2017 U.S. Dist. LEXIS 111771).
TULSA, Okla. - An Oklahoma federal judge on July 14 sent a class complaint alleging unfair business practices back to California for reconsideration of a business contract's forum-selection clause, noting that the case presents an "extraordinary situation where a transfer order is clearly erroneous and to let it stand would work manifest injustice" (S & J Rentals, d/b/a Twin Cities Equipment Rentals v. Hilti, Inc., No. 17-159, N.D. Okla., 2017 U.S. Dist. LEXIS 109247).
SAN JOSE, Calif. - A federal judge in California on July 14 granted in part and denied in part Google's motion to dismiss state and federal misappropriation of trade secrets claims from a lawsuit, ruling that a wireless services and solutions firm has failed to show how Google's actions violated the terms of a nondisclosure agreement (Space Data Corp. v. Alphabet Inc., et al., No. 5:16-cv-03260, N.D. Calif., 2017 U.S. Dist. LEXIS 109842).
LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2017 U.S. Dist. LEXIS 109863).
SACRAMENTO, Calif. - The California Insurance Guarantee Association (CIGA) breached its statutory duty to reimburse a joint powers authority for excess workers' compensation coverage owed under an insolvent insurer's policy, a California appeals panel affirmed July 17 (CSAC Excess Insurance Authority v. California Insurance Guarantee Association, No. C081775, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 4854).
LOS ANGELES - The defendants in a $454 million surgical gown state class action on July 14 asked a California federal court to extend its stay of execution of judgment for another 30 days, anticipating that when the judge rules on their post-verdict motions, they will not have to obtain expensive supersedeas bonds (Bahamas Surgery Center, LLC, et al. v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif., Western Div.).
SAN FRANCISCO - After finding that borrowers failed to show that two banks violated California's unfair competition law (UCL) or wrongfully foreclosed on their property, the Ninth Circuit U.S. Court of Appeals on July 13 affirmed a district court's dismissal of their complaint (Brock Williams, et al. v. Bank of America, N.A., No. 15-17335, 9th Cir., 2017 U.S. App. LEXIS 12565).
SAN JOSE, Calif. - A California federal magistrate judge on July 12 granted a motion to dismiss an elder abuse lawsuit, agreeing with a skilled nursing home operator that the plaintiff failed to plead facts sufficient to support fraud and violation of California health code claims (Daniel Hernandez v. TLC of the Bay Area Inc., No. 5:16-cv-05524, N.D. Calif., 2017 U.S. Dist. LEXIS 108177).
SAN FRANCISCO - A department store did not meet its burden to show that the contact information of employees is not subject to discovery in a wage-and-hour representative suit, the California Supreme Court held July 13, rejecting arguments of overbreadth and privacy violations and vacating the rulings of an appeals court and a trial court (Michael Williams v. The Superior Court of Los Angeles County and Marshalls of CA LLC, No. S227228, Calif. Sup., 2017 Cal. LEXIS 5124).
SAN DIEGO - A California federal judge on July 12 refused to rule on a loan-servicing company's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Real Estate Settlement Procedures Act (RESPA) until the parties move to substitute the deceased plaintiff with her successors in interest (Margarette Smith v. Specialized Loan Servicing LLC, No. 16cv2519, S.D. Calif., 2017 U.S. Dist. LEXIS 109002).
SAN FRANCISCO - The First District California Court of Appeal on July 11 affirmed a trial court's judgment in favor of an excess insurer after finding that its policy's professional services exclusion bars coverage for underlying claims arising from a deadly pipeline explosion (Energy Insurance Mutual Limited v. Ace American Insurance Co., No. A140656, Calif. App., 1st Dist., Div. 4).
SACRAMENTO, Calif. - A jury's verdict finding that the manufacturer of fiber cement siding was 10 percent liable for $2.5 million in water intrusion damages at a townhome development on the ground that the company's product did not perform as an ordinary consumer would have expected was not inconsistent with the jury's other conclusion that the product was not negligently designed, a California appellate panel ruled July 10 (Riverview Townhomes Owner's Association v. James Hardie Building Products Inc., No. C078252, Calif. App., 3rd Dist., 2017 Calif. App. Unpub. LEXIS 4673).
LOS ANGELES - A California appellate court on July 12 modified an opinion declining to seal accidently produced privileged documents discussing the cost-benefit analysis of asbestos products, the second time in less than two weeks that it did so (Elaine Margie Paulus, et al. v. J-MM Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist., 2017 Cal. App. Unpub. LEXIS 4764).
LOS ANGELES - A couple's previous asbestos action bars a widow's wrongful death action seeking loss of consortium, a California appeals court held July 11 while also concluding that the judge below properly offset an economic award for funeral and burial expenses with proceeds from settlements with asbestos bankruptcy trusts (Janet Stewart v. Union Carbide Corp., No. B267405, Calif. App., 2nd Dist., Div. 4).