LexisNexis® Legal Newsroom
Mealey's Insurance - California Panel Affirms No Coverage For Dentist's Claim For Lost Practice Income

SACRAMENTO, Calif. - A California appeals panel on June 13 affirmed a lower court's ruling in favor of an insurer in a dispute over coverage for an individual dentist's claim for lost dental practice income due to a sewage backup (William A. Gilbert v. The Dentists Insurance Company, Inc., No. C075959, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 4041).

Mealey's Labor & Employment - Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims

SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).

Mealey's Litigation Procedure - Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims

SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).

Mealey's Antitrust/Unfair Competition - Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims

SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).

Mealey's Insurance - Appeals Court Says Evidentiary Hearing Needed In Insurance Fraud Suit

LOS ANGELES - An evidentiary hearing should have been held to determine whether a California Highway Patrol (CHP) officer had sufficient information in 2010 to begin an investigation into whether a man committed insurance fraud by further damaging a tow truck, a California appeals panel ruled June 12 (Mark Jeffrey Tornow v. Superior Court of Los Angeles County, et al., No. B271895, Calif. App., 2nd Dist., 7th Div., 2017 Cal. App. Unpub LEXIS 4020).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Strike Claims Related To Butter Wine Trademark

SAN FRANCISCO - A California federal judge on June 12 refused to strike a wine maker's claim for violation of California's unfair competition law (UCL) and another claim in relation to its alleged misuse of a trademark for a chardonnay, finding that the owner of the mark showed a probability of prevailing on its claims (JaM Cellars Inc. v. Vintage Wine Estates Inc., No. 17-01133, N.D. Calif., 2017 U.S. Dist. LEXIS 90002).

Mealey's Insurance - Claimant Owed Disability Benefits Under Plan's 'Own Occupation' Provision

SAN FRANCISCO - Following a one-day bench trial, a California federal judge on June 13 determined that a disability claimant submitted sufficient evidence showing that he was disabled under a plan's "own occupation" provision but failed to prove that he was disabled under the plan's "any occupation" standard (Robert Bosley v. Metropolitan Life Insurance Co., No. 16-00139, N.D. Calif., 2017 U.S. Dist. LEXIS 90803).

Mealey's Insurance - Insurer Was Not Entitled To Rescind Policy, California Panel Says In Reversal

SAN FRANCISCO - A California appeals panel on June 12 reversed a lower court's finding that an insurer was entitled to rescind an "Owners, Landlords & Tenants Liability Coverage" insurance policy, finding that the insurer failed to satisfy its burden of showing that the insured made material misrepresentations on the insurance application (Victor Duarte v. Pacific Specialty Insurance Co., No. A143828, Calif. App., 1st Dist., Div. 2).

Mealey's Labor & Employment - Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action

SAN JOSE, Calif. - A California federal judge on June 9 granted in part and denied in part a retired bus driver's motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif., 2017 U.S. Dist. LEXIS 89200).

Mealey's Litigation Procedure - Law Firm Joins Prosecution Of Class Action Against William-Sonoma

SAN DIEGO - Haeggquist & Eck on June 12 announced that it has joined other firms in prosecuting a class action lawsuit filed against Williams-Sonoma currently pending in a California federal court in which claimants assert that the retailer knowingly misrepresented thread counts on the packaging of several products (William Rushing v. Williams-Sonoma Inc., et al., No. 16-cv-01421, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Law Firm Joins Prosecution Of Class Action Against Williams-Sonoma

SAN DIEGO - Haeggquist & Eck on June 12 announced that it has joined other firms in prosecuting a class action lawsuit filed against Williams-Sonoma currently pending in a California federal court in which claimants assert that the retailer knowingly misrepresented thread counts on the packaging of several products (William Rushing v. Williams-Sonoma Inc., et al., No. 16-cv-01421, N.D. Calif.).

Mealey's Litigation Procedure - Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action

SAN JOSE, Calif. - A California federal judge on June 9 granted in part and denied in part a retired bus driver's motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif., 2017 U.S. Dist. LEXIS 89200).

Mealey's Antitrust/Unfair Competition - California Court Affirms Order Denying Fees In Health Privacy Case

SACRAMENTO, Calif. - A California appeals panel on June 9 affirmed a trial court's ruling that a patient, who alleged that a health care provider violated her privacy when it submitted her private health records as exhibits to a complaint in a debt collection action, did not err when it refused to award her fees because she could not show a probability of prevailing on her claims for violation of California's unfair competition law (UCL) and other causes of action (Kathleen Leonard v. Retailer's Credit Association of Grass Valley, Inc., No. C079880, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 3949).

Mealey's Toxic Tort/Environmental - Panel Reverses, Remands MTBE Case; Requirements Of Res Judicata Not Met

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on June 12 vacated and remanded a summary judgment ruling in a groundwater contamination lawsuit brought by a California water district against oil and gasoline companies on grounds that a district court's res judicata ruling was not appropriate because privity was not established (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation: Orange County Water District v. Texaco Refining and Marketing Inc. n/ka TMR Company, No. 15-3934, 2nd Cir., 2017 U.S. App. LEXIS 10412).

Mealey's PI/Product Liability - Court Affirms Denial Of Motion To Seal Confidential Asbestos Memo

LOS ANGELES - A company's failure to try to contain a memo containing confidential attorney-client advice for more than three years, even as it went "viral" in asbestos litigation, warrants denying a motion to seal, a California appeals court held June 8 (Elaine Margie Paulus, et al. v. J-M Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist.).

Mealey's PI/Product Liability - Court: Asbestos Sales For Pipe Sold In Washington Don't Create Jurisdiction

SEATTLE - A broker's sales of asbestos to a California company selling pipe in Washington state do not create specific jurisdiction, but on remand the trial court should consider recently revealed evidence and precedent in deciding that the state had jurisdiction, a majority of the Washington State Supreme Court held June 8 (Candance Noll, et al. v. American Biltrite Inc., et al., No. 91998-4, Wash. Sup.).

Mealey's Insurance - Magistrate Judge Grants Voluntary Dismissal Of FDIC Suit Against Insolvent Insurer

FRESNO, Calif. - A California federal magistrate judge on June 8 granted the voluntary dismissal of a coverage lawsuit between the Federal Deposit Insurance Corp., as assignee of certain claims by a failed bank, and an insolvent insurer's receiver (Thomas T. Hawker, et al. v. John D. Doak, insurance commissioner as receiver for Red Rock Insurance Co. f/k/a BancInsure Inc., No. 12-1261 E.D. Calif., 2017 U.S. Dist. LEXIS 88319).

Mealey's Antitrust/Unfair Competition - Judge Asks FDA To Review Whether Almond Milk Packaging Is Misleading

FRESNO, Calif. - A California federal judge on June 6 stayed a consumer's claims for violation of California's unfair competition law (UCL) and for false advertising, referring the issue of whether the maker of Silk Almondmilk made misleading statements on its packaging about the ingredients of the milk to the Food and Drug Administration for review (Melanie Kelley v. WWF Operating Company, No. 1:17-cv-117, E.D. Calif., 2017 U.S. Dist. LEXIS 86971).

Mealey's Toxic Tort/Environmental - Court Affirms Denial Of Motion To Seal Confidential Asbestos Memo

LOS ANGELES - A company's failure to try to contain a memo containing confidential attorney-client advice for more than three years, even as it went "viral" in asbestos litigation, warrants denying a motion to seal, a California appeals court held June 8 (Elaine Margie Paulus, et al. v. J-M Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - Court: Asbestos Sales For Pipe Sold In Washington Don't Create Jurisdiction

SEATTLE - A broker's sales of asbestos to a California company selling pipe in Washington state do not create specific jurisdiction, but on remand the trial court should consider recently revealed evidence and precedent in deciding that the state had jurisdiction, a majority of the Washington State Supreme Court held June 8 (Candance Noll, et al. v. American Biltrite Inc., et al., No. 91998-4, Wash. Sup.).

Mealey's Insurance - California Federal Judge: Disability Insurer Failed To Properly Weigh All Evidence

SAN JOSE, Calif. - A California federal judge on June 5 reversed a disability insurer's termination of long-term disability (LTD) benefits after determining that the insurer failed to properly consider the reports of the claimant's treating physicians when it found that the claimant was not disabled from the duties of her regular occupation (Lisa Gallegos v. The Prudential Insurance Company of America, No. 16-1268, N.D. Calif., 2017 U.S. Dist. LEXIS 86123).

Mealey's PI/Product Liability - Commercial Products Fall Under Government Contractor Defense, Court Says

SAN FRANCISCO - The government contractor defense applies to commercial products, a California appeals court panel affirmed June 6 in refusing to revisit a previous finding in an asbestos case (Jay Wanlass v. Metalclad Insulation Corp., No. A143616, Calif. App., 1st Dist.).

Mealey's PI/Product Liability - Court Finds Employer Had Duty To Prevent Take-Home Asbestos Exposures

LOS ANGELES - Employers and premises owners are liable for foreseeable take-home asbestos exposures under recent California Supreme Court precedent, a state appeals court held June 5 in reversing its previous ruling (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist., Div. 3).

Mealey's Toxic Tort/Environmental - Commercial Products Fall Under Government Contractor Defense, Court Says

SAN FRANCISCO - The government contractor defense applies to commercial products, a California appeals court panel affirmed June 6 in refusing to revisit a previous finding in an asbestos case (Jay Wanlass v. Metalclad Insulation Corp., No. A143616, Calif. App., 1st Dist.).

Mealey's Antitrust/Unfair Competition - California Court Affirms $6.8M Penalty Imposed On Overstock For Inflated Pricing

SAN FRANCISCO - A California appeals court on June 2 affirmed a trial court's decision to impose $6,828,000 in civil penalties against an online retailer after determining that it violated California's unfair competition law (UCL) and false advertising law (FAL) when it made untrue and misleading statements about pricing, finding that the trial court's penalty was not constitutionally disproportionate (The People v. Overstock.com Inc., No. A141613, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. LEXIS 506).