LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - 22 Plaintiffs: California Utility Is Liable For Arsenic, Uranium In Drinking Water

SANTA ANA, Calif. - Multiple California residents, in separate lawsuits based on a boilerplate complaint, on Feb. 13 filed their third amended complaints against Pacific Gas & Electric Co. (PGE) alleging that they had suffered "irreparable harm health injuries as a direct result of being poisoned with chemicals" from PGE's operations (Barbara A. Vinson v. Pacific Gas & Electric Company, No. 16-514, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Company's UCL Claims Related To Trademark

OAKLAND, Calif. - A California federal judge on Feb. 10 granted an exclusive licensee's motion to remand its claims for violation of California's unfair competition law (UCL) and other claims related to the alleged unauthorized use of a trademark, finding that it did not waive its right to remand the action (SWC Inc. v. Elite Promo Inc., No. 16-cv-07071, 2017 U.S. Dist. LEXIS 19513).

Mealey's Insurance - Judge: Breach Of Contract, Bad Faith Claims Not Filed Within Limitations Period

SACRAMENTO, Calif. - An insured's claims for insurance breach of contract and bad faith against his insurer were not timely filed within the contractual limitations period and the insured failed to show that the insurer engaged in any outrageous conduct to support a claim for intentional infliction of emotional distress in failing to provide coverage under a comprehensive long-term care policy, a federal judge in California ruled Feb. 9 in granting the insurer's motion to dismiss (Donald Mann v. Mutual of Omaha, et al., No. 16-2560, E.D. Calif., 2017 U.S. Dist. LEXIS 18732).

Mealey's Insurance - California Appeals Panel Says No Additional Coverage Owed For Water Damages

SAN FRANCISCO - An insurer owes no additional coverage for water damages to an insured's condominium, the First District California Court of Appeal, Division Four, said Feb. 10 after determining that substantial evidence supports a jury's verdict in favor of the insurer (Greg Kawai v. State Farm Fire and Casualty Co., et al., No. A136569, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 1006).

Mealey's PI/Product Liability - Appeals Court Overturns Ruling Staying Construction Defects Case

SAN DIEGO - A California appeals panel on Feb. 10 vacated a trial court judge's ruling staying a lawsuit brought under the Right to Repair Act (RRA) for defects in the construction of 28 homes, finding that the builder's failure to timely respond to the notice of the defects warranted reversal (William Blanchette, et al. v. Superior Court of Imperial County, et al., No. D070545, Calif. App., 4th Dist., Div. 1, 2017 Cal. App. LEXIS 105).

Mealey's IP/Tech - Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products

SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).

Mealey's Antitrust/Unfair Competition - Data Breach Class Action Filed On Behalf Of Yahoo Small Business Clients

SAN JOSE, Calif. - A customer of Yahoo! Inc.'s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers' personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).

Mealey's Litigation Procedure - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

Mealey's Antitrust/Unfair Competition - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

Mealey's Antitrust/Unfair Competition - Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products

SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).

Mealey's Litigation Procedure - Data Breach Class Action Filed On Behalf Of Yahoo Small Business Clients

SAN JOSE, Calif. - A customer of Yahoo! Inc.'s small business services filed a putative class action complaint against the firm Feb. 8 in California federal court, accusing the internet firm of negligence, breach of contract and unfair competition related to two recently announced data breaches that exposed customers' personally identifiable information (PII) (Brian Neff v. Yahoo! Inc. et al., No. 5:17-cv-00641, N.D. Calif.).

Mealey's IP/Tech - Judge OKs Adding Defend Trade Secrets Act Claim To Complaint

SAN JOSE, Calif. - A federal judge in California on Feb. 7 granted leave for an electronics company to amend its complaint to add a claim under the federal Defend Trade Secrets Act (DTSA) (VIA Technologies, Inc., et al. v. ASUS Computer International, et al., No. 14-cv-03586, N.D. Calif., 2017 U.S. Dist. LEXIS 17384).

Mealey's IP/Tech - 9th Circuit: Computer Program Copyright Does Not Extend To Program Output

SAN FRANCISCO - A California federal judge properly rejected claims by the owner of a copyrighted computer-aided design (CAD) program that its copyright extends to images and files produced by the program, the Ninth Circuit U.S. Court of Appeals ruled Feb. 9 (Design Data Corp. v. Unigate Enterprise Inc., et al., Nos. 14-16701, No. 14-17317, 9th. Cir., 2017 U.S. App. LEXIS 2333).

Mealey's Labor & Employment - Former University Counsel Awarded $2.5M In Retaliation Suit

RIVERSIDE, Calif. - A Riverside County, Calif., Superior Court jury on Feb. 7 issued a verdict in favor of the former University of California Riverside's chief campus counsel, who alleged that she was retaliated against after refusing to cover up the school's discriminatory culture and awarded her $2.5 million for past and future lost earnings and past noneconomic damages (Michele Coyle v. Regents of the University of California, et al., No. RIC1503362, Calif Super., Riverside Co.).

Mealey's Labor & Employment - Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).

Mealey's Litigation Procedure - Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).

Mealey's Antitrust/Unfair Competition - Court Finds Nurse Did Not Waive Right To Pursue Claims Judicially

LOS ANGELES - A California appeals court on Feb. 7 affirmed a district court's decision to deny a hospital's motion to compel arbitration of numerous class action claims asserted against it by a former nurse, finding that the nurse did not waive her right to assert her claims in a judicial forum under her collective bargaining agreement (CBA) (Tanya Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 90).

Mealey's Litigation Procedure - Judge Remands Class Claims Against Courier For Lack Of Jurisdiction

SAN FRANCISCO - A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).

Mealey's Labor & Employment - Judge Remands Class Claims Against Courier For Lack Of Jurisdiction

SAN FRANCISCO - A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).

Mealey's Antitrust/Unfair Competition - Judge Remands Class Claims Against Courier For Lack Of Jurisdiction

SAN FRANCISCO - A California federal judge on Feb. 3 granted an employee's motion to remand her class action claims for violation of California's unfair competition law (UCL) and various labor codes, finding that her employer failed to show that the amount in controversy would exceed $5 million under the Class Action Fairness Act (CAFA) (Jasmine Miller v. A-1 Express Delivery Services Inc., No. 16-cv-06251, N.D. Calif., 2017 U.S. Dist. LEXIS 15795).

Mealey's IP/Tech - California Federal Judge: Plaintiff Not Barred From Calling Products Similar

LOS ANGELES - A defense motion in limine seeking to prevent a plaintiff from referring to an allegedly infringing jewelry line as "similar" to a jewelry line made by the plaintiff was denied Feb. 6 by a California federal judge (Brighton Collectibles LLC v. Believe Production Inc., No. 15-579, C.D. Calif., 2017 U.S. Dist. LEXIS 16594).

Mealey's Litigation Procedure - California Federal Judge Partially Dismisses NFL Injury Class Complaint

SAN FRANCISCO - A federal judge in California on Feb. 3 granted in part a motion to dismiss a class complaint against all 32 National Football League teams, dismissing claims of violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and conspiracy brought by a class of retired players and the estates of deceased players who claim that the teams they played for caused them injury by giving them medication rather than allowing them to rest and fully heal from their injuries (Etopia Evans, et al. v. Arizona Cardinals Football Club LLC, et al., No. 16-01030, N.D. Calif., 2017 U.S. Dist. LEXIS 15803).

Mealey's Antitrust/Unfair Competition - California Court Finds No Facts To Support Claims Stemming From Loan Assignments

SACRAMENTO, Calif. - A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew Kalnoki, et al. v. First American Trustee Servicing Solutions, LLC, et al., Nos. C073207, C075062, C079144, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 74).

Mealey's IP/Tech - Complaint Fails To Allege Personal, Advertising Injury, Federal Judge Rules

CHICAGO - In granting an insurer's motion for summary judgment, California federal judge on Feb. 2 held that underlying claims that an insured violated the Uniform Trade Secrets Act, intentionally inferred with contractual relations and prospective business advantage and engaged in unfair competition and civil conspiracy fail to trigger an insurance policy's "personal and advertising injury" coverage (Sentinel Insurance Co. v. Yorktown Industries Inc., No. 14-4212, N.D. Ill., 2017 U.S. Dist. LEXIS 14439).

Mealey's Insurance - Complaint Fails To Allege Personal, Advertising Injury, Federal Judge Rules

CHICAGO - In granting an insurer's motion for summary judgment, California federal judge on Feb. 2 held that underlying claims that an insured violated the Uniform Trade Secrets Act, intentionally inferred with contractual relations and prospective business advantage and engaged in unfair competition and civil conspiracy fail to trigger an insurance policy's "personal and advertising injury" coverage (Sentinel Insurance Co. v. Yorktown Industries Inc., No. 14-4212, N.D. Ill., 2017 U.S. Dist. LEXIS 14439).