LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Pfizer Signs Opioid Marketing Settlement With County

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.

Mealey's IP/Tech - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

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).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Federal Claims Related To PACE Programs Against Governments

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).

Mealey's Litigation Procedure - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

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).

Mealey's Antitrust/Unfair Competition - Class UCL Suit Sent Back To California For Reconsideration Of Forum

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).

Mealey's IP/Tech - Judge Partially Dismisses Claims Against Google In Trade Secrets Suit

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).

Mealey's Litigation Procedure - Class UCL Suit Sent Back To California For Reconsideration Of Forum

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).

Mealey's Labor & Employment - Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved

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).

Mealey's Insurance - Panel: CIGA Has Duty To Reimburse For Workers' Comp Excess Coverage

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).

Mealey's Litigation Procedure - Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved

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).

Mealey's PI/Product Liability - Defendants Seek 30 More Days Before Posting Bonds For $454M MicroCool Gown Verdict

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.).

Mealey's Banking & Finance - 9th Circuit Finds Court Did Not Err In Dismissing UCL, Foreclosure Claims

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).

Mealey's Antitrust/Unfair Competition - 9th Circuit Finds Court Did Not Err In Dismissing UCL, Foreclosure Claims

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).

California Magistrate Tosses Putative Class Action Against Nursing Home Operator

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).

Mealey's Litigation Procedure - California High Court: Marshalls Employees' Info Discoverable In Labor Suit

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).

Mealey's Litigation Procedure - Judge Orders Successors In Interest To File Motion To Substitute

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).

Mealey's Banking & Finance - Judge Orders Successors In Interest To File Motion To Substitute

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).

Mealey's Insurance - Professional Services Exclusion Bars Coverage For Pipeline Explosion, Panel Says

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).

Mealey's PI/Product Liability - California Appeals Court Finds Verdict Against Siding Maker Was Not Inconsistent

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).

Mealey's Litigation Procedure - Court Again Modifies Opinion Declining To Seal Privileged Asbestos Documents

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).

Mealey's PI/Product Liability - Court Again Modifies Opinion Declining To Seal Privileged Asbestos Documents

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).

Mealey's Bankruptcy - Court: Res Judicata Bars Wrongful Death Consortium Claim

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).

Mealey's PI/Product Liability - Court: Res Judicata Bars Wrongful Death Consortium Claim

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).

Mealey's Toxic Tort/Environmental - Court Again Modifies Opinion Declining To Seal Privileged Asbestos Documents

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).

Mealey's Toxic Tort/Environmental - Court: Res Judicata Bars Wrongful Death Consortium Claim

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).