LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Declines To Reconsider Dismissal Of Flushable Wipes Suit

OAKLAND, Calif. - A federal judge in California on May 15 declined to amend a judgment dismissing with prejudice claims, including one for violation of the state's unfair competition law (UCL), in a class action lawsuit alleging that a manufacturer of "flushable" wipes misled consumers in advertising the product because they are not really flushable, saying the plaintiff failed to present any newly discovered evidence or show that the dismissal was manifestly unjust (Jennifer Davidson v. Kimberly-Clark Corp., et al., No. 14-1783, N. D. Calif.; 2015 U.S. Dist. LEXIS 64168).

Mealey's PI/Product Liability - California Appeals Court Affirms $2.6M Conspiracy Verdict Against Device Maker

SAN DIEGO - A California appeals court on May 18 affirmed a $2.6 million verdict in which a jury found that an orthopedic device maker conspired with a surgeon to misrepresent to a spinal surgery patient that the device would "ensure" nerve safety (Brenda F. Kitrosser v. NuVasive, Inc., No. D064946, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 3420).

Mealey's IP/Tech - Federal Circuit Vacates Apple's Trade Dress Win Against Samsung

WASHINGTON, D.C. - Although leaving intact a California federal jury's determination that Apple Inc.'s design and utility patents were infringed by Samsung Electronics Co. Ltd., Samsung Electronics America Inc. and Samsung Telecommunications America LLC (Samsung, collectively), the Federal Circuit U.S. Court of Appeals on May 18 vacated a finding by jurors that Apple's asserted registered and unregistered iPhone trade dress is entitled to protection (Apple Inc. v. Samsung Electronics Co. Ltd., et al., Nos. 14-1335, 15-1029, Fed. Cir.; 2015 U.S. App. LEXIS 8096).

Mealey's Toxic Tort/Environmental - Judge Grants Dismissal Of Crane Co.'s Asbestos-Gaskets Indemnity Case

LOS ANGELES - A federal judge in California on May 18 granted Crane Co.'s motion to dismiss its indemnity action against Goodyear Tire & Rubber Co. on the condition that the parties return all confidential documents (Crane Co. v. The Goodyear Tire & Rubber Co., No. 14-6509, C.D. Calif.).

Mealey's Litigation Procedure - Judge Dismisses UCL Claims Over Male Enhancement Supplement, Allows Amendment

SAN DIEGO - A federal judge in California on May 13 dismissed with leave to amend a plaintiff's class action complaint, which includes state unfair competition law claims (UCL), accusing a supplement maker of falsely labeling a male enhancement supplement because it does not produce the promised effects (Ryan Vigil v. General Nutrition Corp., No. 15-79, S.D. Calif.; 2015 U.S. Dist. LEXIS 63506).

Mealey's Insurance - Judge Allows Insurer To Proceed With 2 Defenses In Dispute Over Genetic Testing

SAN JOSE, Calif. - A California federal judge on May 14 granted in part and denied in part an insured's motion to stay an insurer's declaratory judgment lawsuit disputing professional liability coverage for lawsuits, arbitrations and other legal proceedings arising from the insured's service of providing consumers with genetic data from saliva testing (Ironshore Specialty Insurance Co. v. 23andMe, Inc., No. 14-03286, N.D. Calif.; 2015 U.S. Dist. LEXIS 64145).

Mealey's PI/Product Liability - Appeals Court Orders Judge To Reinstate Couple's Construction Defects Verdict

SAN DIEGO - A California appeals panel on May 14 ordered a trial court judge to reinstate a jury's verdict in favor of a couple who allegedly suffered personal injuries as a result of the faulty construction of their home, finding that the judge erred in partially granting a new trial on the ground that the verdict was against the law (Sineoh Esparza, et al. v. Pulte Group Inc., et al., Nos. D063736, D064278, Calif. App., 4th Dist., Div. 1; 2015 Calif. App. Unpub. LEXIS 3331).

Mealey's PI/Product Liability - Judge Again Suggests Remand Of 7 California Cases From Darvon MDL

COVINGTON, Ky. - The Kentucky federal judge overseeing the Darvon/Darvocet/propoxyphene multidistrict litigation on May 15 for the second time suggested that seven cases be remanded to California state court because there are no class action implications, no fraudulent joinder of nondiverse defendants and no federal question (In Re: Darvocet, Darvon, and Propoxyphene Products Liability Litigation, No. 11-2226, E.D. Ky., Northern Div. at Covington; 2015 U.S. Dist. LEXIS 63704).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claims Over Male Enhancement Supplement, Allows Amendment

SAN DIEGO - A federal judge in California on May 13 dismissed with leave to amend a plaintiff's class action complaint, which includes state unfair competition law claims (UCL), accusing a supplement maker of falsely labeling a male enhancement supplement because it does not produce the promised effects (Ryan Vigil v. General Nutrition Corp., No. 15-79, S.D. Calif.; 2015 U.S. Dist. LEXIS 63506).

Mealey's Antitrust/Unfair Competition - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

Mealey's IP/Tech - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

Mealey's PI/Product Liability - Suit Over Helicopter Crash Amended After Jurisdictional Ruling By California Judge

LOS ANGELES - Two servicemen and the mother of a third filed an amended complaint in federal court May 11 alleging that the manufacturer of components in a U.S. Army Black Hawk helicopter is liable for design defects that caused the helicopter to crash (Colette Carpenter, et al. v. Sikorsky Aircraft Corp., et al., No. 2:14-cv-07793, C.D. Calif.).

Mealey's Banking & Finance - Judge Refuses To Grant Restraining Order Barring Possession Of Property

SACRAMENTO, Calif. - A California federal judge on May 13 refused to grant a temporary restraining order prohibiting lenders from taking possession of a property until the litigation concludes, finding that there were not enough facts available to show that the plaintiff will prevail on her claims (Constance Maria Agee v. GP Equities, Inc., et al., No. 2:15-cv-1015, E.D. Calif.; 2015 U.S. Dist. LEXIS 62934).

Mealey's IP/Tech - 3rd Circuit: Website, Emails Do Not Confer Jurisdiction In Classic Car Dispute

PHILADELPHIA - A New Jersey man claiming fraud over his purchase of a classic car from a California dealer did not establish that state's jurisdiction over the defendants, a Third Circuit U.S. Court of Appeals panel ruled May 11, finding that the dealer's interactive website and two emails did not constitute purposeful availment of its activities toward New Jersey (John Corigliano v. Classic Motor Inc., et al., No. 14-3586, 3rd Cir.; 2015 U.S. App. LEXIS 7722).

Mealey's Insurance - Federal Judge Transfer Venue Of Insurer's Faulty Work Coverage Lawsuit

SAN FRANCISCO - A California federal judge on May 12 transferred an insurer's coverage action regarding its duty to defend insureds for their alleged defective construction of a runway for an airport to another California federal court (American Home Assurance Co. v. Tutor-Saliba Corp./O&G Industries Inc., et al., No. 15-00303, N.D. Calif.; 2015 U.S. Dist. LEXIS 62347).

Mealey's Insurance - Judge Stays Insurer's Coverage Action In Favor Of Underlying Defects Suit

SAN FRANCISCO - A California federal judge on May 11 stayed an insurer's coverage action against its insureds pending resolution of the underlying construction defects case arising out of the conversion of an apartment building because the case involves similar overlapping issues (Atain Specialty Insurance Co. v. 20 Parkridge LLC, et al., No. 15-00212, N.D. Calif.; 2015 U.S. Dist. LEXIS 62291).

Mealey's Litigation Procedure - Google App Purchasers Seek Certification Of Privacy, Unfair Competition Class

SAN JOSE, Calif. - A group Android smartphone application (app) purchasers moved in California federal court on May 12 to certify a class in their unfair competition, privacy and breach of contract claims against Google Inc. (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.).

Mealey's Banking & Finance - Judge Allows Borrower Leave To Amend California Law Claims

SAN FRANCISCO - A California federal judge on May 12 found that a borrower who sued a bank in relation to a loan modification and the foreclosure of her property should be granted leave to amend her complaint to cure deficiencies related to her claim for violation of California law (Maria Villacis v. Ocwen Loan Servicing LLC, et al., No. 14-cv-03279, N.D. Calif.; 2015 U.S. Dist. LEXIS 62367).

Mealey's Litigation Procedure - Chevron: Sanctions Proper For 5 Plaintiffs Refusing Discovery In Explosion Case

SAN FRANCISCO - Chevron Corp., which was sued by a group of more than 65,000 Nigerian residents who allege that the company was liable for damages caused by the explosion of a natural gas rig, on May 12 moved in California federal court for sanctions against five plaintiffs for failing to respond to the company's discovery requests for information on the specifics of the alleged injuries (Foster Ogola v. Chevron Corporation, No. 14-173, N.D. Calif.).

Mealey's Labor & Employment - San Francisco Officers' 3rd Class Certification Motion Denied In Age Bias Suit

OAKLAND, Calif. - A California federal judge on May 8 denied a third motion to certify a class of San Francisco police officers who claim that they were denied promotions due to their age (Juanita Stockwell, et al. v. City and County of San Francisco, et al., No. 08-5180, N.D. Calif.; 2015 U.S. Dist. LEXIS 61577).

Mealey's Toxic Tort/Environmental - Chevron: Sanctions Proper For 5 Plaintiffs Refusing Discovery In Explosion Case

SAN FRANCISCO - Chevron Corp., which was sued by a group of more than 65,000 Nigerian residents who allege that the company was liable for damages caused by the explosion of a natural gas rig, on May 12 moved in California federal court for sanctions against five plaintiffs for failing to respond to the company's discovery requests for information on the specifics of the alleged injuries (Foster Ogola v. Chevron Corporation, No. 14-173, N.D. Calif.).

Mealey's Litigation Procedure - San Francisco Officers' 3rd Class Certification Motion Denied In Age Bias Suit

OAKLAND, Calif. - A California federal judge on May 8 denied a third motion to certify a class of San Francisco police officers who claim that they were denied promotions due to their age (Juanita Stockwell, et al. v. City and County of San Francisco, et al., No. 08-5180, N.D. Calif.; 2015 U.S. Dist. LEXIS 61577).

Mealey's Litigation Procedure - Bank Failed To Preserve Call Recording, Magistrate Finds, Issuing Sanctions

SAN DIEGO - Deeming the recording of a phone call regarding a purportedly fraudulent letter of credit (LOC) to be of "paramount importance" in a declaratory judgment action over the LOC's legitimacy, a California federal magistrate judge on May 8 found that a bank's failure to locate or preserve the recording constituted spoliation meriting sanctions (Compass Bank v. Morris Cerullo World Evangelism, No. 3:13-cv-00654, S.D. Calif.; 2015 U.S. Dist. LEXIS 60842).

Mealey's Litigation Procedure - UCL Claim Among Those Continuing In Organic Misbranding Suit

WHITE PLAINS, N.Y. - Class action claims, which include a California state unfair competition law (UCL) claim, will continue against the producer and seller of food, body care and home care products after a New York federal judge on May 7 held that federal laws did not preempt the plaintiffs' claims that the defendant mislabeled products as "organic," "natural" or "all natural" (Leah Segedie, et al. v. The Hain Celestial Group Inc., No. 14-5029, S. D. N.Y.; 2015 U.S. Dist. LEXIS 60739).

Federal Judge Dismisses Negligence And Fraud Claims Against Lenders

SAN JOSE, Calif. - After finding that a borrower failed to properly plead her claims asserted against a lender and servicing entity in relation to the denial of a loan modification, a California federal judge on May 11 granted a motion to dismiss the claims (Rafael Villanueva v. Select Portfolio Services, Inc., et al., No. 14-cv-05238, N.D. Calif.; 2015 U.S. Dist. LEXIS 61596).