LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge: Company May Not Recover More Costs In Tainted Groundwater Lawsuit

SACRAMENTO, Calif. - A federal judge in California on July 13 ruled that a company that settled with a group of defendants for costs associated with cleaning up groundwater contamination from dense nonaqueous phase liquid tetrachloroethene (DNAPL PCE) is not entitled to relitigate its case to recover more costs from a separate defendant (AmeriPride Services Inc. v. Valley Industrial Service Inc., No. S-00-113, E.D. Calif.; 2016 U.S. Dist LEXIS 91119).

Mealey's Antitrust/Unfair Competition - Judge Allows Borrower To Amend RESPA Claim Against Loan Servicer

SACRAMENTO, Calif. - A California federal magistrate judge on July 14 dismissed claims asserted by a borrower against a loan servicer but granted him leave to amend his claim for violation of the Real Estate Settlement Procedures Act (RESPA) and to pursue a claim under California's unfair competition law (UCL) (Frank Malifrando v. Real Time Resolutions Inc., et. al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 91739).

Mealey's PI/Product Liability - Lead Plaintiff Properly Cured Loss Causation Pleading Deficiencies, Judge Rules

SAN DIEGO - A federal judge in California on July 12 substantially denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded loss causation in making his federal securities law claims (Brad Mauss v. NuVasive Inc., et al., No. 13-2005, S.D. Calif.; 2016 U.S. Dist. LEXIS 90412).

Mealey's Litigation Procedure - Lead Plaintiff Properly Cured Loss Causation Pleading Deficiencies, Judge Rules

SAN DIEGO - A federal judge in California on July 12 substantially denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded loss causation in making his federal securities law claims (Brad Mauss v. NuVasive Inc., et al., No. 13-2005, S.D. Calif.; 2016 U.S. Dist. LEXIS 90412).

Mealey's Labor & Employment - Judge Refuses To Dismiss UCL And Labor Code Claims Against GrubHub

SAN FRANCISCO - A California federal judge on July 13 refused to dismiss claims asserted by delivery drivers for a food service company for violation of California's unfair competition law (UCL) and Labor Code, finding that their claims were sufficiently pleaded at the present stage of the case (Andrew Tan, et al. v. Grubhub Inc., et al., No. 15-cv-05128, N.D. Calif.; 2016 U.S. Dist. LEXIS 91071).

Mealey's Labor & Employment - Bath & Body Works Settles Class Wage Claims For $2.25 Million

LOS ANGELES - A California federal judge on July 11 granted final approval of a $2.25 million settlement to be paid by Bath & Body Works LLC (BBW) to end wage claims filed by a class of nonexempt sales associates (Adam Jones v. Bath & Body Works, Inc., et al., No. 13-5206, C.D. Calif.; 2016 U.S. Dist. LEXIS 89681).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss UCL And Labor Code Claims Against GrubHub

SAN FRANCISCO - A California federal judge on July 13 refused to dismiss claims asserted by delivery drivers for a food service company for violation of California's unfair competition law (UCL) and Labor Code, finding that their claims were sufficiently pleaded at the present stage of the case (Andrew Tan, et al. v. Grubhub Inc., et al., No. 15-cv-05128, N.D. Calif.; 2016 U.S. Dist. LEXIS 91071).

Mealey's Securities/D&O Liability - Lead Plaintiff Properly Cured Loss Causation Pleading Deficiencies, Judge Rules

SAN DIEGO - A federal judge in California on July 12 substantially denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded loss causation in making his federal securities law claims (Brad Mauss v. NuVasive Inc., et al., No. 13-2005, S.D. Calif.; 2016 U.S. Dist. LEXIS 90412).

Mealey's IP/Tech - Federal Circuit Affirms: Payroll Patent Claims Ineligible Subject Matter

WASHINGTON, D.C. - An inventor's concession that the claims of his patent are directed to an abstract idea, combined with findings that the claims recite nothing more than conventional steps beyond that abstract idea, led the Federal Circuit U.S. Court of Appeals on July 13 to affirm a California federal judge's determination that the patent is invalid under 35 U.S. Code Section 101 (Douglas Shortridge v. Foundation Construction Payroll Service LLC, No. 15-1898, Fed. Cir.).

Mealey's Litigation Procedure - Bath & Body Works Settles Class Wage Claims For $2.25 Million

LOS ANGELES - A California federal judge on July 11 granted final approval of a $2.25 million settlement to be paid by Bath & Body Works LLC (BBW) to end wage claims filed by a class of nonexempt sales associates (Adam Jones v. Bath & Body Works, Inc., et al., No. 13-5206, C.D. Calif.; 2016 U.S. Dist. LEXIS 89681).

Mealey's IP/Tech - California Federal Judge Reduces Award In Hookah Copyright Suit

LOS ANGELES - A federal judge in California on July 11 partially granted a defense motion for a directed verdict, reducing by $800,000 a jury award against a retailer that sold a copyrighted hookah without the maker's permission because two of the flavors it sold were not counterfeited Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).

Mealey's IP/Tech - Judge Awards Production Company $1.8 Million For Improper Use Of Movie Name

LOS ANGELES - A California federal judge on July 11 awarded a movie production company that asserted causes of action for copyright infringement and violation of California's unfair competition law (UCL) $1,885,969.96 in damages and entered a permanent injunction ordering another entity and its owner from ever using the company's movie trademark again (Fuzzy Logic Productions Inc. v. Trapflix LLC, et al., No. 15-6203, C.D. Calif.; 2016 U.S. Dist. LEXIS 90290).

Mealey's Antitrust/Unfair Competition - Judge Awards Production Company $1.8 Million For Improper Use Of Movie Name

LOS ANGELES - A California federal judge on July 11 awarded a movie production company that asserted causes of action for copyright infringement and violation of California's unfair competition law (UCL) $1,885,969.96 in damages and entered a permanent injunction ordering another entity and its owner from ever using the company's movie trademark again (Fuzzy Logic Productions Inc. v. Trapflix LLC, et al., No. 15-6203, C.D. Calif.; 2016 U.S. Dist. LEXIS 90290).

Mealey's Toxic Tort/Environmental - California Federal Judge Reduces Award In Hookah Copyright Suit

LOS ANGELES - A federal judge in California on July 11 partially granted a defense motion for a directed verdict, reducing by $800,000 a jury award against a retailer that sold a copyrighted hookah without the maker's permission because two of the flavors it sold were not counterfeited Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).

Mealey's Insurance - Judge: Asbestos-Related Reinsurance Case Shall Stay In Illinois Federal Court

CHICAGO - A federal judge in Illinois on July 11 denied an insurer's motion to transfer an asbestos-related late notice reinsurance dispute to a federal court in California (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).

Mealey's Labor & Employment - Federal Judge: McDonald's Workers' Ostensible Agency Class Claims May Be Certified

SAN FRANCISCO - Various wage claims brought by employees of a fast food franchisee may proceed with some of their wage claims against the franchisor as a class, a California federal judge ruled July 7, denying the franchisor's claim that allegations of ostensible agency may not be resolved on a classwide basis (Stephanie Ochoa, et al. v. McDonald's Corp., et al., No. 14-2098, N.D. Calif.; 2016 U.S. Dist. LEXIS 88323).

Mealey's Litigation Procedure - Students Oppose Google's Motion To Sever, Dismiss Email Scanning Claims

SAN JOSE, Calif. - In a brief filed July 6 in California federal court, a group of more than 700 university student plaintiffs oppose a motion by Google Inc. to sever and dismiss their claims alleging violation of the Electronic Communications Privacy Act (ECPA) by the interception and scanning of their emails, arguing that joinder is "fundamentally fair and judicially efficient" (Ryan Corley, et al. v. Google Inc., No. 5:16-cv-00473, N.D. Calif.).

Mealey's Litigation Procedure - Federal Judge: McDonald's Workers' Ostensible Agency Class Claims May Be Certified

SAN FRANCISCO - Various wage claims brought by employees of a fast food franchisee may proceed with some of their wage claims against the franchisor as a class, a California federal judge ruled July 7, denying the franchisor's claim that allegations of ostensible agency may not be resolved on a classwide basis (Stephanie Ochoa, et al. v. McDonald's Corp., et al., No. 14-2098, N.D. Calif.; 2016 U.S. Dist. LEXIS 88323).

Mealey's Insurance - Judge: Further Evidence Is Needed In Coverage Suit Arising From Molestation Claims

SAN FRANCISCO - A California federal judge on July 8 denied an insurer's motion for judgment on the pleadings in its lawsuit seeking equitable contribution from another insurer for $15.8 million in underlying settlements over students' claims that a school district and its administrators were negligent in their supervision of a teacher accused of sexual molestation (Westport Insurance Corp. v. California Casualty Management Co., No. 16-01246, N.D. Calif.; 2016 U.S. Dist. LEXIS 88924).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds UCL Claim Against Loan Servicer Is Time-Barred

RIVERSIDE, Calif. - A California federal judge on July 8 denied an application filed by property owners for a temporary restraining order, finding that their claims for violation of California's unfair competition law (UCL) and breach of the implied covenant of good faith and fair dealing were time-barred (Manuel Womandress, et al. v. Specialized Loan Servicing LLC, et al., No. 5:16-cv-01007, C.D. Calif.; 2016 U.S. Dist. LEXIS 88959).

Mealey's Antitrust/Unfair Competition - 9th Circuit Reverses Dismissal Of Claims Related To Caffeine Content In Drink

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 8 reversed a district court's dismissal of claims for violation of California's unfair competition law (UCL) and other claims in relation to a company's labeling of its energy drinks, finding that certain statements it made could have been misleading (Alec Fisher, et al. v. Monster Beverage Corporation, et al., No. 13-57094, 9th Cir.; 2016 U.S. App. LEXIS 12608).

Mealey's Insurance - Insured Opposes Motion To Reconsider, Says Motion Was Filed In Bad Faith

SAN FRANCISCO - Reconsideration of a California federal judge's finding that a policy deductible does not apply to defense costs incurred as a result of an environmental contamination dispute is not warranted, an insured argues in its July 7 response to the insurers' motion for reconsideration (American Guarantee and Liability Insurance Co., et al. v. Technichem Inc., et al., No. 15-03611, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Judge: Glyphosate Cancer Case Against Monsanto Proceeds

FRESNO, Calif. - A federal judge in California on July 7 denied Monsanto Co.'s motion to dismiss a lawsuit brought by a woman who contends that her exposure to the company's herbicide containing glyphosate caused her to develop cancer, ruling that none of the evidence relied upon by Monsanto established that the herbicide is not carcinogenic, nor did it establish that the product in question was not misbranded under federal law (Yolanda Mendoza v. Monsanto Company, No. 16-406, E.D. Calif.).

Mealey's IP/Tech - Federal Judge Dismisses Patent Invalidity Declaratory Judgment Complaint

SAN FRANCISCO - Failed efforts by a nationwide provider of health care services for patients with AIDS to solicit generic drug manufacturers to develop products containing tenofir alafenamide fumarate (TAF) do not represent a sufficiently real and immediate dispute to confer standing in a declaratory judgment action with the TAF brand name manufacturer, a California federal judge concluded July 6 (AIDS Healthcare Foundation Inc. v. Gilead Sciences Inc., et al., No. 16-443, N.D. Calif.; 2016 U.S. Dist. LEXIS 87578).

Mealey's Litigation Procedure - 2 Minor League Baseball Players Removed As Named Plaintiffs In Wage Suit

SAN FRANCISCO - A California federal magistrate judge on July 6 granted a motion to remove two minor league baseball players who no longer wish to be class representatives in a lawsuit seeking unpaid wages from the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig (Aaron Senne, et al. v. Kansas City Royals Baseball Corp., et al., No. 14-608, N.D. Calif.; 2016 U.S. Dist. LEXIS 88014).