LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - Judge: Reconsideration In Securities Suit Not Warranted Pursuant To Foman Factors

SAN FRANCISCO - A federal judge in California on Nov. 11 denied an investor's motion for leave to move for reconsideration in a securities fraud lawsuit, ruling that the investor has failed to show that reconsideration is warranted pursuant to the U.S. Supreme Court's ruling in Foman v. Davis (Chetan Utterkar v. Ebix Inc., et al., No. 14-2250, N.D. Calif.; 2015 U.S. Dist. LEXIS 152839).

Mealey's Litigation Procedure - Shareholders Have Standing To Sue In Insider Trading Lawsuit, Judge Rules

SANTA ANA, Calif. - A federal judge in California on Nov. 9 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that, among other things, the lead plaintiffs have standing to sue for insider trading (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif.).

Mealey's Litigation Procedure - 9th Circuit Revives Privacy Class Claims Over Google's Cookie Placement

PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).

Mealey's Litigation Procedure - Judge Orders Class Claimants To Show Why UCL Claim Should Not Be Dismissed

LOS ANGELES - A California federal judge on Nov. 10 ordered plaintiffs who seek to file a class action against FanDuel Inc. and others in relation to claims that they violated California's unfair competition law (UCL) and other California law claims to show cause why the case should not be dismissed for lack of jurisdiction (Cody Spiegel, et al. v. FanDuel, Inc., et al., No. 15-08142, C.D. Calif.; 2015 U.S. Dist. LEXIS 152679).

Mealey's Antitrust/Unfair Competition - Judge Orders Class Claimants To Show Why UCL Claim Should Not Be Dismissed

LOS ANGELES - A California federal judge on Nov. 10 ordered plaintiffs who seek to file a class action against FanDuel Inc. and others in relation to claims that they violated California's unfair competition law (UCL) and other California law claims to show cause why the case should not be dismissed for lack of jurisdiction (Cody Spiegel, et al. v. FanDuel, Inc., et al., No. 15-08142, C.D. Calif.; 2015 U.S. Dist. LEXIS 152679).

Mealey's IP/Tech - 'Shake it Off' Copyright Case Dismissed By California Federal Judge

LOS ANGELES - Less than two weeks after filing suit, a California man saw his copyright infringement allegations against pop superstar Taylor Swift and her record label dismissed Nov. 10 by a California federal judge (Jesse Braham v. Sony/ATV Music Publishing et al., No. 15-8422, C.D. Calif.).

Mealey's Securities/D&O Liability - Pension Fund Files Notice Of Appeal In TIBOR Securities Suit

NEW YORK - Without providing further detail, an investor filed a notice of appeal on Nov. 9 in New York federal court, seeking to appeal two rulings in a securities class action lawsuit against numerous international banks and others for their alleged manipulation of the Euroyen Tokyo Interbank Offered Rate (TIBOR) and Euroyen London Interbank Offered Rate (LIBOR) (California State Teachers Retirement System v. Mizuho Bank Ltd., et al., No. 12-3419, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Chemical Injury Case Barred By Federal Law And Statutes In Texas, Monsanto Says

LOS ANGELES - Monsanto Co., which was sued by a man who contends that he developed cancer as a result of exposure to a toxic chemical that is an active ingredient in a line of herbicides the company manufactured, on Nov. 9 filed a brief in California federal court contending that the case should be dismissed because the claims are preempted by federal law (Enrique Rubio v. Monsanto Company, No. 15-7426, C.D. Calif.).

Mealey's Securities/D&O Liability - Shareholders Have Standing To Sue In Insider Trading Lawsuit, Judge Rules

SANTA ANA, Calif. - A federal judge in California on Nov. 9 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that, among other things, the lead plaintiffs have standing to sue for insider trading (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif.).

Mealey's PI/Product Liability - Youth Players And Soccer Organizations Reach Concussion Protocol Settlement

SAN FRANCISCO - A California federal judge on Nov. 9 issued an order granting dismissal of a case filed by youth soccer players against various soccer organizations after the parties reached a settlement that will provide stricter guidelines and requirements related to concussions, including new return-to-play protocol (Rachel Mehr, et al. v. Federation Internationale De Football Association, et al., No. 14-3879, N.D. Calif.).

Mealey's IP/Tech - 9th Circuit Revives Privacy Class Claims Over Google's Cookie Placement

PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).

Mealey's Toxic Tort/Environmental - City Of Oakland Sues Monsanto, Says It Tainted San Francisco Bay With PCBs

OAKLAND, Calif. - The City of Oakland on Nov. 10 sued Monsanto Co. and two of its affiliates in the U.S. District Court for the Northern District of California, alleging that they are liable for contamination the San Francisco Bay with polychlorinated biphenyls (PCBs) and endangering human health as a result (City of Oakland v. Monsanto Company, et al., No. N/A, N.D. Calif.).

Mealey's Bankruptcy - Judge Orders Termination, Final Distribution Of Insurer's Conservatorship

SAN FRANCISCO - A California judge on Nov. 5 ordered the end of the conservatorship of an insurer and authorized a final $3.1 million distribution to a liquidating trust (Dave Jones, Insurance Commissioner of the State of California v. Majestic Insurance Company, No. CPF-11-511261, Calif. Super., San Francisco Co.).

Mealey's Insurance - Judge Orders Termination, Final Distribution Of Insurer's Conservatorship

SAN FRANCISCO - A California judge on Nov. 5 ordered the end of the conservatorship of an insurer and authorized a final $3.1 million distribution to a liquidating trust (Dave Jones, Insurance Commissioner of the State of California v. Majestic Insurance Company, No. CPF-11-511261, Calif. Super., San Francisco Co.).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Tenant's UCL Claim, Remand Case Against Landlord

SACRAMENTO, Calif. - A California federal judge on Nov. 5 dismissed claims for violation of California's unfair competition law (UCL) and other claims asserted by a tenant against his landlord and found that the case should be remanded to a state court (Ronald Yates Jr. v. Mammoth Community Water District, No. 2:15-cv-1762, E.D. Calif.; 2015 U.S. Dist. LEXIS 150584).

Mealey's Antitrust/Unfair Competition - Court Vacates Part Of Injunction In Competing Business Case As Overbroad

LOS ANGELES - A California court on Nov. 5 affirmed the majority of a decision for the owner of an adolescent treatment center against former employees who stole confidential information to start a competing business, including claims for violation of California's unfair competition law (UCL) and an order granting an injunction for the center, but vacated parts of the injunction as overbroad (Destinations To Recovery v. Evolve Initiatives LLC, et al., No. B259011, Calif. App., 2nd Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 7946).

Mealey's Insurance - California Federal Judge: Insurer May Have Duty To Defend Contamination Claims

SACRAMENTO, Calif. - A California federal judge on Nov. 5 granted an insured's motion for summary judgment on the limited issue of the duty to defend after determining that it is possible that the contamination caused by the insured's landfill could have been accidental (County of Stanislaus v. Travelers Indemnity Co., et al., No. 14-00666, E.D. Calif.; 2015 U.S. Dist. LEXIS 150550).

Mealey's Insurance - Insureds' Bad Faith Claim Subject To Arbitration Clause, Judge Rules

SAN DIEGO - A federal judge in California on Nov. 6 granted an insurer's motion to compel arbitration in an insurance bad faith and breach of contract lawsuit, ruling that the insureds' claims are subject to the terms of the arbitration clause contained in their automobile insurance policy (Robert Heredia, et al. v. Allstate Indemnity Co., No. 15-1642, S.D. Calif.; 2015 U.S. Dist. LEXIS 151175).

Mealey's PI/Product Liability - Preemption Summary Judgment Granted In Incretin-Mimetic Multidistrict Litigation

SAN DIEGO - The California federal judge overseeing the incretin mimetic multidistrict litigation on Nov. 9 granted summary judgment to five makers or promoters of the diabetes drugs, finding clear evidence that the Food and Drug Administration would have rejected a new warning about the risk of pancreatic cancer from the drugs (In Re: Incretin-Based Therapies Products Liability Litigation, MDL Docket No. 2452, S.D. Calif.).

Mealey's Labor & Employment - California Federal Judge Tosses Apple Workers' Class Suit Seeking Pay For Security Line

SAN FRANCISCO - A California federal judge on Nov. 7 granted summary judgment to Apple Inc. in a class suit filed by retail workers seeking compensation for the time they spent waiting in line for and undergoing a security check of their bags before leaving after their shifts were over (Amanda Frlekin, et al. v. Apple Inc., Nos. 13-3451, 13-3775 and 13-4727, N.D. Calif.; 2015 U.S. Dist. LEXIS 92768).

Mealey's Antitrust/Unfair Competition - Tyson Hit With Class Suit Over 'American Made' Dog Treats

SACRAMENTO, Calif. - A California woman filed a class complaint in California federal court on Nov. 4, accusing Tyson Foods Inc. of falsely advertising its "Nudges" brand of grain-free dog treat products as made in America (Susan Fitzpatrick, et al. v. Tyson Foods, Inc., No. 15-1140, E.D. Calif.).

Mealey's Litigation Procedure - Tyson Hit With Class Suit Over 'American Made' Dog Treats

SACRAMENTO, Calif. - A California woman filed a class complaint in California federal court on Nov. 4, accusing Tyson Foods Inc. of falsely advertising its "Nudges" brand of grain-free dog treat products as made in America (Susan Fitzpatrick, et al. v. Tyson Foods, Inc., No. 15-1140, E.D. Calif.).

Mealey's Insurance - Federal Judge Confirms $7,500 Settlement Between Insurer, Subcontractor

SAN DIEGO - A California federal judge on Nov. 6 approved a subcontractor's $7,500 settlement with an insurer that paid $894,999.06 for damages from an alleged faulty fire sprinkler system that resulted in flooding (Travelers Commercial Insurance Co. v. Gabai Construction, et al., No. 13-01881, S.D. Calif.; 2015 U.S. Dist. LEXIS 151167).

Mealey's PI/Product Liability - Kugel Mesh Case Survives Contested Dismissal Motion In California Federal Court

SAN DIEGO - A California federal judge on Nov. 6 denied dismissal of failure to warn, breach of express warranty and fraudulent concealment against surgical mesh patch maker Davol Inc., but dismissed his claim of fraudulent misrepresentation (Jesus Tapia v. Davol, Inc., et al., No. 15-179, S.D. Calif.; 2015 U.S. Dist. LEXIS 151168).

Mealey's Litigation Procedure - California Federal Judge Tosses Apple Workers' Class Suit Seeking Pay For Security Line

SAN FRANCISCO - A California federal judge on Nov. 7 granted summary judgment to Apple Inc. in a class suit filed by retail workers seeking compensation for the time they spent waiting in line for and undergoing a security check of their bags before leaving after their shifts were over (Amanda Frlekin, et al. v. Apple Inc., Nos. 13-3451, 13-3775 and 13-4727, N.D. Calif.; 2015 U.S. Dist. LEXIS 92768).