LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Chevron Seeks To Compel Production Of Documents In Oil Rig Explosion Case

SAN FRANCISCO - Chevron Corp., which is being sued by plaintiffs who allege that the company is liable for damages related to the explosion of one its natural gas rigs in Nigeria, on June 24 filed a brief in a California federal court asking it to compel the plaintiffs to produce litigation funding documents to demonstrate the adequacy of the class representative and his counsel (Foster Ogola, et al. v. Chevron Corporation, No. 14-173, N.D. Calif.).

Mealey's Litigation Procedure - Proposed Class Suit Filed Against Chrysler Over Faulty Shifter

LOS ANGELES - Four plaintiffs on June 23 filed a proposed class lawsuit in California federal court against FCA US LLC (Chrysler), claiming that the gear shifters in three vehicles it manufactures are faulty and that the shifter defect could be linked to the death of actor Anton Yelchin, who was killed when his 2015 Jeep Grand Cherokee rolled down his driveway and crushed him (Deryl Wall, et al. v. FCA US LLC, No. 5:16-cv-01341, C.D. Calif.).

Mealey's Insurance - Judge Allows Owners Of Storage Units To File Complaint Against Insurer

SACRAMENTO, Calif. - After finding that various arguments under California's unfair competition law (UCL) made by an insurer failed, a California federal judge on June 27 granted a motion filed by the owners of self-storage units to file a cross-complaint against it for indemnity (John Deleon, individually and on behalf of all others similarly situated and on behalf of the general public, Elite Self Storage Management LLC, No. 2:15-cv-02087, E.D. Calif.; 2016 U.S. Dist. LEXIS 83308).

Mealey's Antitrust/Unfair Competition - Judge Allows Owners Of Storage Units To File Complaint Against Insurer

SACRAMENTO, Calif. - After finding that various arguments under California's unfair competition law (UCL) made by an insurer failed, a California federal judge on June 27 granted a motion filed by the owners of self-storage units to file a cross-complaint against it for indemnity (John Deleon, individually and on behalf of all others similarly situated and on behalf of the general public, Elite Self Storage Management LLC, No. 2:15-cv-02087, E.D. Calif.; 2016 U.S. Dist. LEXIS 83308).

Mealey's Toxic Tort/Environmental - Chevron Seeks To Compel Production Of Documents In Oil Rig Explosion Case

SAN FRANCISCO - Chevron Corp., which is being sued by plaintiffs who allege that the company is liable for damages related to the explosion of one its natural gas rigs in Nigeria, on June 24 filed a brief in a California federal court asking it to compel the plaintiffs to produce litigation funding documents to demonstrate the adequacy of the class representative and his counsel (Foster Ogola, et al. v. Chevron Corporation, No. 14-173, N.D. Calif.).

Mealey's PI/Product Liability - Proposed Class Suit Filed Against Chrysler Over Faulty Shifter

LOS ANGELES - Four plaintiffs on June 23 filed a proposed class lawsuit in California federal court against FCA US LLC (Chrysler), claiming that the gear shifters in three vehicles it manufactures are faulty and that the shifter defect could be linked to the death of actor Anton Yelchin, who was killed when his 2015 Jeep Grand Cherokee rolled down his driveway and crushed him (Deryl Wall, et al. v. FCA US LLC, No. 5:16-cv-01341, C.D. Calif.).

Mealey's Insurance - Insurer Did Not Waive Appraisal Condition, California Panel Affirms

SAN JOSE, Calif. - A California appeals panel on June 27 affirmed that an insurer did not waive an insurance policy's appraisal condition and that the appraisal condition can be applied to preclude underlying claims arising from windstorm damage to a mobile home (Gordon Blackwell v. Foremost Insurance Co., No. H042263, Calif. App., 6th Dist.; 2016 Cal. App. Unpub. LEXIS 4749).

Mealey's Insurance - Panel: Fact Issues Exist For Breach Of Contract Claim But Not Elder Abuse Claim

LOS ANGELES - A California appeals panel on June 27 found that triable issues of fact require reversal of a lower court's dismissal of a breach of contract claim against an insurer, further holding that the insureds' bad faith and elder abuse claims cannot survive under the genuine dispute doctrine (Clayton D. Paslay, et al. v. State Farm General Insurance Co., No. B265348, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. LEXIS 511).

Mealey's Toxic Tort/Environmental - Reports: Volkswagen To Pay $14.7B To Resolve Emissions Lawsuits

SAN FRANCISCO - Volkswagen AG and its related entities have agreed to pay $14.7 billion to resolve allegations that the manufacturer installed emissions software in its 2.0 liter vehicles that was designed to cheat emissions tests, according to a consent decree filed in California federal court on June 28 (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation, MDL 2672, Case No. 15-md-2672, N.D. Calif.).

Mealey's Labor & Employment - U.S. High Court Denies Rehearing In Union Fees Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on June 28 denied rehearing in an appeal brought by teachers who objected to agency-fee requirements for non-union workers employed by public entities and sought to overturn the Supreme Court's decision in Abood v. Detroit Bd. of Ed. (431 U.S. 209 [1977]) (Rebecca Friedrichs, et al. v. California Teachers Association, et al., No. 14-915, U.S. Sup.).

Mealey's PI/Product Liability - California Top Court Rejects Component Parts Doctrine In Materials Suppliers' Case

SAN FRANCISCO - The component parts doctrine does not insulate materials suppliers from liability for injuries arising from the intended use of those materials where the products were not incorporated into a different or finished product, the California Supreme Court affirmed June 23 (Flavio Ramos, et al. v. Brenntag Specialties Inc., et al., No. S218176, Calif. Sup.).

Mealey's Insurance - Policies Triggered By Bodily Injuries Caused By Asbestos Exposure, California Panel Says

LOS ANGELES - A trial court did not err in finding that excess policies provide occurrence-based coverage for asbestos-related losses, the Second District California Court of Appeal said June 22 in affirming that the policies were not triggered by the exposure to the asbestos, but the bodily injuries caused by the exposure (Goulds Pumps Inc. v. Travelers Casualty and Surety Co., No. B255439, Calif. App., 2nd Dist., Div. 5).

Mealey's Toxic Tort/Environmental - California Top Court Rejects Component Parts Doctrine In Materials Suppliers' Case

SAN FRANCISCO - The component parts doctrine does not insulate materials suppliers from liability for injuries arising from the intended use of those materials where the products were not incorporated into a different or finished product, the California Supreme Court affirmed June 23 (Flavio Ramos, et al. v. Brenntag Specialties Inc., et al., No. S218176, Calif. Sup.).

Mealey's PI/Product Liability - California Appellate Panel Reverses Summary Judgment In Dog Bite Suit

SAN DIEGO - A California appellate panel on June 20 reversed summary judgment for two companies and an estate that acted as the landlord of a small apartment complex, saying the defendants owed a duty of care to a man who was bitten by a dog in the courtyard of the complex (Jack Geyer v. Jemmeca LLC, et al., No. D068774, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 4618).

Mealey's Litigation Procedure - Class Suit By WWII Korean Sex Slaves Against Japan Dismissed By Federal Judge

SAN FRANCISCO - A California federal judge on June 21 dismissed a putative class action by Korean residents accusing the Japanese government of abducting them and forcing them into servitude and sexual slavery during the Second World War (He Nam You, et al. v. Hirohito, et al., No. 15-3257, N.D. Calif.; 2016 U.S. Dist. LEXIS 80699).

Mealey's Litigation Procedure - Retailer Settles Customers' Unlawful Calls Class Suit For $3.6 Million

SAN DIEGO - A California federal judge on June 20 granting preliminary approval of a settlement agreement by retailer that obtained phone numbers from its customers and then sent them marketing and advertising text messages to pay $3.6 million to end the Telephone Consumer Protection Act (TCPA) class suit (Asal Sally Manouchehri, et al. v. Styles for Less, Inc., et al., No. 14-2521, S.D. Calif.; 2016 U.S. Dist. LEXIS 80038).

Mealey's Toxic Tort/Environmental - Judge: $110,000 Deal In Tainted Groundwater Case Reached In Good Faith

FRESNO, Calif. - A federal judge in California on June 20 ruled that a settlement agreement in which a water service company will pay $110,000 to the man who sued multiple parties seeking recovery and remediation costs associated with tetrachloroethylene (PCE) contamination had been reached in good faith (Viola Coppola, et al. v. Gregory Smith, et al., No. 11-cv-01257, E.D. Calif.; 2016 U.S. Dist. LEXIS 80087).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds No Jurisdiction Over California Law Claims

LOS ANGELES - A California federal judge on June 20 found that claims asserted against numerous mortgage lenders for violation of California law must be dismissed for lack of jurisdiction (Mattie Belinda Evans v. Bank of America, N.A., et al., No. 16-4147, C.D. Calif.; 2016 U.S. Dist. LEXIS 80001).

Mealey's Antitrust/Unfair Competition - Some Claims Tossed, Some Survive Dismissal In Starbucks Underfill Suit

SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).

Mealey's Insurance - Federal Magistrate Recommends Default Judgment Be Entered Against Insured

SACRAMENTO, Calif. - A federal magistrate judge in a California on June 16 recommend that a commercial general liability insurer's motion for a default judgment be granted and that a judgment be issued declaring that the insurer has no duty to defend or indemnify its insured against an underlying breach of contract and negligence lawsuit alleging the insured's pilot car services were performed "in an unworkmanlike manner" (Atain Specialty Insurance Co. v. Richard Szetela d/b/a D&D Pilot Car Services, et al., No. 14-2991, E.D. Calif.; 2016 U.S. Dist. LEXIS 78855).

Mealey's Banking & Finance - Magistrate Judge Finds TILA Claim Against Nationstar Is Time-Barred

OAKLAND, Calif. - A California federal magistrate judge on June 20 granted a bank's motion to dismiss claims asserted against it by borrowers, finding that their claims for rescission of the loan under the Truth In Lending Act (TILA) were barred by a three-year statute of limitations (Muhamed Almutarreb, et al. v. Nationstar Mortgage Holdings, No. 15-cv-05207, N.D. Calif.; 2016 U.S. Dist. LEXIS 80034).

Mealey's Banking & Finance - Federal Judge Finds No Jurisdiction Over California Law Claims

LOS ANGELES - A California federal judge on June 20 found that claims asserted against numerous mortgage lenders for violation of California law must be dismissed for lack of jurisdiction (Mattie Belinda Evans v. Bank of America, N.A., et al., No. 16-4147, C.D. Calif.; 2016 U.S. Dist. LEXIS 80001).

Mealey's Litigation Procedure - Some Claims Tossed, Some Survive Dismissal In Starbucks Underfill Suit

SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).

Mealey's Litigation Procedure - Class Action Names Theranos, Walgreens For Inaccurate Blood Tests

SAN FRANCISCO - A purported class action alleging violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and two states' consumer laws was filed June 15 in a California federal court against blood testing manufacturer Theranos Inc. and drugstore chain Walgreens, alleging that Theranos' innovative blood-testing system provides inaccurate laboratory results (C.M., et al. v. Theranos, Inc., et al., No. 16-3349, N.D. Calif.).

Mealey's PI/Product Liability - Class Action Names Theranos, Walgreens For Inaccurate Blood Tests

SAN FRANCISCO - A purported class action alleging violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and two states' consumer laws was filed June 15 in a California federal court against blood testing manufacturer Theranos Inc. and drugstore chain Walgreens, alleging that Theranos' innovative blood-testing system provides inaccurate laboratory results (C.M., et al. v. Theranos, Inc., et al., No. 16-3349, N.D. Calif.).