SAN DIEGO - Despite an admission by a policy holder's counsel that he was unable to assist his client in drafting her complaint, a California federal judge on Oct. 11 refused to grant her relief from an order dismissing her complaint, in which she asserted claims for fraud and violation of California's unfair competition law (UCL) against a life insurance carrier (Dolores Earlywine v. USAA Life Insurance Co., No. 3:17-CV-328, S.D. Calif., 2017 U.S. Dist. LEXIS 168287).
FRESNO, Calif. - A federal judge in California on Oct. 13 ruled that a $1.09 million settlement in a lawsuit involving the release of perchloroethylene (PCE) into the groundwater supply was "fair and equitable" because it will provide remediation and future oversight costs for an area that was contaminated by a dry-cleaning business (Viola Coppola, et al. v. Gregory Smith, et al., No. 11-cv-01257, E.D. Calif.; 2017 U.S. Dist. LEXIS 170002).
LOS ANGELES - Three days after the California Supreme Court denied review, a state appeals court on Oct. 13 issued a remittitur of a $48.1 million Motrin skin injury verdict, a move that paves the way for retrial only of the plaintiff's claims for negligent and strict liability failure to warn against one of two defendants (Christopher Trejo v. Johnson & Johnson, et al., No. B23339, Calif. App., 2nd Dist., Div. 4).
SAN DIEGO - A California federal judge on Oct. 10 denied a children's hospital's motion to stay, strike class allegations or dismiss a class complaint filed by individuals who allege collection calls placed on the hospital's behalf violated the Telephone Consumer Protection (TCPA) (Taneesha Crooks, et al. v. Rady Children's Hospital, No. 17-246, S.D. Calif., 2017 U.S. Dist. LEXIS 168085).
SAN FRANCISCO - A substance abuse treatment center's three surviving claims involve a provider-insurer relationship outside ERISA's scope, but the provider's unfair competition law (UCL) claims seek relief available through other means and are not among the surviving causes of action, a federal judge in California held Oct. 10 (Summit Estate Inc. v. Cigna Healthcare of California Inc., et al., No. 17-3871, N.D. Calif., 2017 U.S. Dist. LEXIS 167462).
SAN FRANCISCO - Monsanto Co. on Oct. 6 moved in California federal court for dismissal of the multidistrict litigation related to the herbicide Roundup on grounds that the plaintiffs have not satisfied their burden to present expert testimony that is "scientifically reliable and relevant" and that is sufficient to prove general causation concerning whether glyphosate - the active ingredient in Roundup - is capable of causing cancer (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).
LOS ANGELES - A California judge overseeing the first asbestos-tainted consumer talc case against Johnson & Johnson declared a mistrial Oct. 10 after the plaintiff made reference to the potential link between asbestos-free talc and ovarian cancer, sources told Mealey Publications (Tina Herford, et al. v. AT&T Corp., et al., No. BC646315, Calif. Super., Los Angeles Co.).
LOS ANGELES - The California Insurance Guarantee Association (CIGA) on Oct. 9 cross-appealed to the Ninth Circuit U.S. Court of Appeals challenging a ruling vacating and setting aside reimbursement demands made to it under workers' compensation insurance policies (California Insurance Guarantee Association v. Don J. Wright, et al., No. 15-01113, C.D. Calif.).
SAN FRANCISCO - Citing an inability by a copyright, patent and trade dress infringement plaintiff to serve a copy of its complaint on two defendants, a California federal judge on Oct. 6 found "good cause" to allow service by publication (Rain Design Inc. v. Spinido Inc., et al., No. 17-3681, N.D. Calif., 2017 U.S. Dist. LEXIS 166415).
SAN JOSE, Calif. - Following an Oct. 3 disclosure by Yahoo Inc. that a 2013 data breach affected 3 billion, rather than 1 billion users, a California federal judge on Oct. 5 directed Yahoo and the plaintiffs in a consolidated class action over that and other breaches to provide input on how this latest announcement will impact the proceedings (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).
SAN DIEGO - A California federal judge on Oct. 4 granted a reinsurer's request for a $3.2 million default judgment in a dispute over alleged breach of reinsurance agreements as a result of a series of fraudulent transfers (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif., 2017 U.S. Dist. LEXIS 165582).
SAN FRANCISCO - In an Oct. 3 brief in the Ninth Circuit U.S. Court of Appeals, LinkedIn Corp. seeks reversal of a preliminary injunction preventing it from blocking a data analytics company from collecting and reusing its information, contending that it did not violate California's unfair competition law (UCL), while maintaining that the firm's bot-scraping activities violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).
SAN FRANCISCO - In an Oct. 5 order, a California federal judge denied a motion to dismiss breach of contract allegations levied by Yahoo! Inc. in favor of an earlier-filed patent infringement action pending in Texas federal court (Yahoo! Inc. v. MyMail Ltd., No. 16-7044, N.D. Calif., 2017 U.S. Dist. LEXIS 165642).
LOS ANGELES - A California federal judge on Oct. 5 ordered a consumer who was allegedly injured while using a Nutribullet mixer to show cause as to why the court has jurisdiction to hear her claims for negligence, violation of California's unfair competition law (UCL) and other causes of action (Tiffany Burton, et al. v Nutribullet LLC, et al., No. 17-3358, C.D. Calif., 2017 U.S. Dist. LEXIS 165606).
SAN DIEGO - After finding that a borrower failed to show that he would likely succeed on the merits of his petition before an appeals court for review of an order denying his requests for discovery regarding his mortgage, a California federal judge on Oct. 4 refused to stay the case pending the outcome of the petition (Norman Shaw v. Bank of America, et al., No. 12-cv-1207, S.D. Calif., 2017 U.S. Dist. LEXIS 164794).
PASADENA, Calif. - A federal judge in California erred when finding that the federal government does not have to contribute toward the cleanup of a 44-acre site used by a military contractor hired to manufacture aircraft and aircraft parts, a Ninth Circuit U.S. Court of Appeals panel ruled Oct. 4, holding that the judge misapplied two earlier rulings that addressed how cleanup costs between military contractors and the government (TDY Holdings, LLC v. United States of America, No. 15-56483, 9th Cir., 2017 U.S. App. LEXIS 19371).
SACRAMENTO, Calif. - After finding that an emergency services provider failed to plead sufficient facts to show that an insurer violated California's unfair competition law (UCL) or whether its claims were preempted under the Medicare Act, a California federal judge on Sept. 29 dismissed the provider's claims related to an alleged payment scheme with leave to amend (Prime Healthcare Services-SHASTA LLC v. United Healthcare Services Inc., et al., No. 2:16-cv-01773, E.D. Calif., 2017 U.S. Dist. LEXIS 162863).
SAN DIEGO - Granting a business owners liability insurer's motion for summary judgment in a breach of contract and bad faith lawsuit, a California federal judge on Sept. 29 found that a third-party complaint against an insured arising from a patent infringement lawsuit failed to trigger coverage (WAWGD, Inc., doing business as Foresight Sports v. Sentinel Insurance Company, No. 16-2917, S.D. Calif., 2017 U.S. Dist. LEXIS 161361).
SAN FRANCISCO - The issuance of protective orders over a due diligence report submitted by a nonparty specialized risk management firm in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. is not warranted because none of the parties seeking the protective orders has provided a sufficient reason to "override the public interest factor" of providing transparency in the report, a federal judge in California ruled Sept. 28 in denying the motions (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif., 2017 U.S. Dist. LEXIS 89174).
SAN DIEGO - Allegations that an emergency health care provider touted its compassion toward those with gender dysphoria and then repeatedly referred to a transgender boy as female support his mother's Patient Protection and Affordable Care Act (ACA) and California unfair competition law claims, a federal judge in California held Sept. 27 (Katharine Prescott, et al. v. Rady Children's Hospital - San Diego, No. 16-2408, S.D. Calif., 2017 U.S. Dist. LEXIS 160259).
SAN FRANCISCO - Facebook Inc. on Sept. 28 filed a renewed motion in California federal court to dismiss a putative class action alleging violation of Illinois' Biometric Information Privacy Act (BIPA) via a photo-tagging feature, arguing that the plaintiffs fail to allege concrete injury sufficient to establish jurisdiction under Article III of the U.S. Constitution (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).