LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils

LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court of Appeals to review a ruling dismissing their lawsuit (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.).

Mealey's Insurance - Removal Of Construction Defects Suit Not Proper, California Federal Judge Says

LOS ANGELES - A California federal judge on April 21 granted an insurer's motion to remand after determining that removal was improper because complete diversity of citizenship may not exist as there is a possibility that several defendants in the construction defects suit, originally filed in California state court, are citizens of California (Ironshore Specialty Insurance Co. v. Maison Reeves Homeowners Association, et al., No. 17-1704, C.D. Calif., 2017 U.S. Dist. LEXIS 61241).

Mealey's PI/Product Liability - Plaintiffs Appealing Dismissal Of Suit Over Faulty Air-Conditioning Coils

LOS ANGELES - Plaintiffs leading a proposed class action suit over air-conditioning units manufactured by Daikin Industries Ltd. that have evaporator coils that are allegedly defective filed a notice of appeal in California federal court on April 24 stating that they will ask the Ninth Circuit U.S. Court of Appeals to review a ruling dismissing their lawsuit (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Severs Military Law Claims From Officer's Federal Complaint

SAN JOSE, Calif. - A California federal judge on April 24 severed a petition filed under California military law from a complaint in which an officer in the California Army National Guard (CAARNG) asserted claims for violation of California's unfair competition law (UCL) and other claims in relation to the servicing of his student loans, finding that the military law petition should be severed from the federal case (Christian Wellisch v. Pennsylvania Higher Education Assistance Agency, et al., No. 17-cv-00213, N.D. Calif., 2017 U.S. Dist. LEXIS 62095).

Mealey's Litigation Procedure - Credit-Reporting Firm Defends Privilege In Forensic Consultant's Report

SANTA ANA, Calif. - In an April 21 brief in California federal court, Experian Information Solutions Inc. opposes a motion to compel by the plaintiffs in a putative data breach class action, contending that a forensic consultant's report on the breach constitutes legal advice that is exempt from discovery under attorney-client privilege and the work product doctrine (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).

Mealey's PI/Product Liability - Supreme Court Justices Grapple With Jurisdiction In Plavix State Court Cases

WASHINGTON, D.C. - The U.S. Supreme Court on April 25 wrestled with the question of whether California state courts can retain jurisdiction over hundreds of Plavix cases and, if not, in what fora they belong (Bristol-Myers Squibb Company v. Superior Court of California for the County of San Francisco, et al., No. 16-466, U.S. Sup.).

Mealey's Litigation Procedure - 9th Circuit Certifies Question On Interest Rates To California High Court

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 21 certified a question to the California Supreme Court on whether high interest rates on consumer loans violated California finance law (Eduardo De La Torre, et al. v. CashCall Inc., Nos. 14-17571, 15-15042, 9th Cir., 2017 U.S. App. LEXIS 6997).

Mealey's Banking & Finance - Federal Judge Enters Dismissal For Property Owner For Failure To Oppose

SAN DIEGO - After finding that borrowers who are challenging the foreclosure of their property failed to respond to a motion to dismiss their claims asserted against the current owner of the property, a California federal judge on April 21 granted dismissal with leave to amend (Celia Duenas, et al. v. Nationstar Mortgage Holdings Inc., et al., No. 16-CV-2824, S.D. Calif., 2017 U.S. Dist. LEXIS 62117).

Mealey's Antitrust/Unfair Competition - 9th Circuit Certifies Question On Interest Rates To California High Court

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 21 certified a question to the California Supreme Court on whether high interest rates on consumer loans violated California finance law (Eduardo De La Torre, et al. v. CashCall Inc., Nos. 14-17571, 15-15042, 9th Cir., 2017 U.S. App. LEXIS 6997).

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads

SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on behalf of herself and all others similarly situated v. SanMedica International, No. 15-15496, 9th Cir., 2017 U.S. App. LEXIS 6995).

Mealey's Banking & Finance - Wells Fargo Increases Settlement For Unauthorized Accounts To $142 Million

SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to increase their settlement payment to $142 million, $32 million more than the settlement proposed in March, to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent, according to a motion for preliminary approval filed by the plaintiffs on April 20 in the U.S. District Court for the Northern District of California (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).

Mealey's Litigation Procedure - Magistrate: Disclosure Of Foreigner-Stored Google Data Permissible Under SCA

SAN FRANCISCO - In an April 19 ruling, a California federal magistrate judge denied Google Inc.'s motion to quash a warrant, issued under the Stored Communications Act (SCA), for foreign-stored data, concluding that the warrant on California-based Google constituted a domestic application of the statute that does not run afoul of the presumption against extraterritorial application of U.S. laws (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif., 2017 U.S. Dist. LEXIS 59990).

Mealey's IP/Tech - 9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads

SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on behalf of herself and all others similarly situated v. SanMedica International, No. 15-15496, 9th Cir., 2017 U.S. App. LEXIS 6995).

Mealey's Litigation Procedure - Wells Fargo Increases Settlement For Unauthorized Accounts To $142 Million

SAN FRANCISCO - Wells Fargo & Co. and Wells Fargo Bank N.A. have agreed to increase their settlement payment to $142 million, $32 million more than the settlement proposed in March, to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent, according to a motion for preliminary approval filed by the plaintiffs on April 20 in the U.S. District Court for the Northern District of California (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.).

Mealey's IP/Tech - Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M

LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

Mealey's Antitrust/Unfair Competition - Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M

LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Contract Claims Against Financial Adviser, Allows Amendment

SAN FRANCISCO - A California federal judge on April 18 granted a motion filed by an investment advising company to dismiss claims for fraud and violation of California's unfair competition law (UCL) asserted by a technical services company and a wealth management company in relation to an underlying service agreement, finding that the claims lacked the required facts to support the allegations (SVGRP LLC, et al. v. Sowell Financial Services, LLC, et al., No.5:16-cv-07302, N.D. Calif., 2017 U.S. Dist. LEXIS 59271).

Mealey's PI/Product Liability - Jury Enters Almost $8M Verdict Against Supplier Of Contaminated Seeds

SANTA ANA, Calif. - A California federal jury on April 14 entered an almost $8 million verdict against a company that supplied pomegranate seeds contaminated with hepatitis A after determining that the plaintiffs proved that the company was the source of the contaminated seeds (Townsend Farms Inc. v. Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret ve Sanayi A.S. et al., No. 15-837, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Satellite Phone Firm's Click Fraud Lawsuit Mostly Dismissed

SAN DIEGO - A California federal judge on April 14 mostly granted a satellite phone company's motion to dismiss a complaint alleging "click fraud" brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo LLC v. Whenever Communications LLC, et al., No. 3:17-cv-00192, S.D. Calif., 2017 U.S. Dist. LEXIS 57719).

Mealey's Banking & Finance - Judge Grants Dismissal For Lenders, Finds Borrower Failed To Prosecute

SAN DIEGO - A California federal judge on April 14 dismissed a borrower's complaint asserting causes of action for wrongful foreclosure and violation of the Truth in Lending Act (TILA) after he failed to litigate the case or follow a previous order of the court (Hans D'Oleire v. Select Portfolio Servicing Inc., et al.,No. 3:16-cv-02520, S.D. Calif., 2017 U.S. Dist. LEXIS 57717).

Mealey's Insurance - Jury Enters Almost $8M Verdict Against Supplier Of Contaminated Seeds

SANTA ANA, Calif. - A California federal jury on April 14 entered an almost $8 million verdict against a company that supplied pomegranate seeds contaminated with hepatitis A after determining that the plaintiffs proved that the company was the source of the contaminated seeds (Townsend Farms Inc. v. Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret ve Sanayi A.S. et al., No. 15-837, C.D. Calif.).

Mealey's IP/Tech - Satellite Phone Firm's Click Fraud Lawsuit Mostly Dismissed

SAN DIEGO - A California federal judge on April 14 mostly granted a satellite phone company's motion to dismiss a complaint alleging "click fraud" brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo LLC v. Whenever Communications LLC, et al., No. 3:17-cv-00192, S.D. Calif., 2017 U.S. Dist. LEXIS 57719).

Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No. 16-6652, N.D. Calif., 2017 U.S. Dist. LEXIS 58481).

Mealey's Litigation Procedure - Supreme Court Hears Oral Argument In American Pipe Tolling Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).

Mealey's Securities/D&O Liability - Supreme Court Hears Oral Argument In American Pipe Tolling Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).