LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Motion For Sanctions Partially Granted In Wage Dispute For Destroyed Pay Records

SAN FRANCISCO - A California federal judge on June 13 partially granted a motion for sanctions against Menzies Aviation Inc. in a wage-and-hour class dispute after the company admitted to destroying years of pay records (Jessica Jimenez, et al. v. Menzies Aviation Inc., et al., No. 15-2392, N.D. Calif.; 2016 U.S. Dist. LEXIS 76675).

Mealey's Antitrust/Unfair Competition - Judge Rules For Production Company In Unlawful Broadcast Action

LOS ANGELES - A California federal judge on June 13 granted a broadcast company's motion for summary judgment on claims for violation of various broadcast laws and the California unfair competition law (UCL), finding that the owner of an establishment unlawfully broadcast a program for which it did not hold the license (J&J Sports Productions Inc. v. Leticia Ayala, et al., No. 14-07005, C.D. Calif.; 2016 U.S. Dist. LEXIS 76800).

Mealey's Litigation Procedure - Motion For Sanctions Partially Granted In Wage Dispute For Destroyed Pay Records

SAN FRANCISCO - A California federal judge on June 13 partially granted a motion for sanctions against Menzies Aviation Inc. in a wage-and-hour class dispute after the company admitted to destroying years of pay records (Jessica Jimenez, et al. v. Menzies Aviation Inc., et al., No. 15-2392, N.D. Calif.; 2016 U.S. Dist. LEXIS 76675).

Mealey's Insurance - Stay Would Not Be Fair To Parties In Bad Faith Lawsuit, Judge Rules

FRESNO, Calif. - A federal judge in California on June 14 denied motions to stay and to dismiss filed by insureds in an insurance breach of contract and bad faith lawsuit, ruling that staying the proceedings pending appeal of an underlying lawsuit would not be fair to the parties involved in the instant action (Paul Evert's RV Country Inc., et al. v. Universal Underwriters Insurance Co., No. 15-0124, E.D. Calif.; 2016 U.S. Dist. LEXIS 77360).

Mealey's IP/Tech - Federal Jury Awards Hookah Maker $2 Million In Knockoff Sales Suit

LOS ANGELES - A federal jury in California on June 8 awarded a hookah maker $2 million after finding that a wholesale retailer was selling a copyrighted hookah without the maker's permission (Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).

Mealey's Insurance - California Appeals Court: Man Waived Right To Appeal As Part Of Plea

RIVERSIDE, Calif. - A California appeals panel on June 9 refused to vacate a man's sentence of 24 months of probation after pleading guilty to two counts of making a fraudulent claim for payment of a loss under a contract of insurance, holding that he waived his right to appeal as part of the agreement (People of the State of California v. Ivan Romano, No. E064149, Calif. App., 4th Dist., Div. 2; 2016 Calif. App. Unpub. LEXIS 4225).

Mealey's Insurance - California Federal Judge Refuses To Dismiss New Claims Against Insurer

SACRAMENTO, Calif. - A California federal judge on June 8 denied an insurer's motion to dismiss an insured's claims related to an environmental contamination coverage dispute because it is not clear if the claims alleged against the insurer in a newly filed lawsuit arose after the insured's original 2012 lawsuit was filed against the insurer (Lennar Mare Island LLC v. Steadfast Insurance Co., et al., No. 12-2182, E.D. Calif.; 2016 U.S. Dist. LEXIS 74923).

Mealey's PI/Product Liability - Federal Jury Awards Hookah Maker $2 Million In Knockoff Sales Suit

LOS ANGELES - A federal jury in California on June 8 awarded a hookah maker $2 million after finding that a wholesale retailer was selling a copyrighted hookah without the maker's permission (Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).

Mealey's Insurance - Judge Rules In Insurer's Favor In Coverage Suit Over Employment-Related Wage Claims

SACRAMENTO, Calif. - A California federal judge on June 7 entered judgment in favor of an insurer one day after granting its motion to dismiss declaratory relief, breach of contract and bad faith claims in a dispute over coverage for underlying employment-related wage disputes (Granite Outlet Inc. v. Hartford Casualty Insurance Co., No. 14-00575, E.D. Calif.; 2016 U.S. Dist. LEXIS 74238).

Mealey's Insurance - Plan Administrator Abused Discretion In Benefits Suit, Federal Judge Concludes

LOS ANGELES - A disability plan administrator abused its discretion by terminating a claimant's disability benefits without fully considering her work-related restrictions, a California federal judge said June 7 in issuing an amended findings of fact and conclusions of law (Catherine Thornton v. Sedgwick CMS, et al., No. 14-7942, C.D. Calif.; 2016 U.S. Dist. LEXIS 61930).

Mealey's Litigation Procedure - Judge Partially Dismisses UCL And Other Claims Related To Defective Engines

NEWARK, N.J. - A New Jersey federal judge on June 7 partially dismissed claims for violation of California's unfair competition law (UCL) and other state law claims asserted by purchasers of allegedly defective tractor engines who seek to certify various classes of purchasers (T.J. McDermott Transportation Co., Inc. et al. v. Cummins Inc., et al., No. 14-4209, D. N.J.; 2016 U.S. Dist. LEXIS 73859).

Mealey's Antitrust/Unfair Competition - Judge Partially Dismisses UCL And Other Claims Related To Defective Engines

NEWARK, N.J. - A New Jersey federal judge on June 7 partially dismissed claims for violation of California's unfair competition law (UCL) and other state law claims asserted by purchasers of allegedly defective tractor engines who seek to certify various classes of purchasers (T.J. McDermott Transportation Co., Inc. et al. v. Cummins Inc., et al., No. 14-4209, D. N.J.; 2016 U.S. Dist. LEXIS 73859).

Mealey's Insurance - Reinsured Says Late Notice Asbestos Reinsurance Dispute Belongs In California

CHICAGO - An insurer argued in a federal court in Illinois on June 6 that an asbestos-related reinsurance dispute should be heard in California and not in Illinois (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).

Mealey's IP/Tech - Judge Denies JMOL In Oracle, Google Java Retrial, Finds Jury Verdict Reasonable

SAN FRANCISCO - Two weeks after a California federal jury found that Google Inc.'s use of Java structure, sequence and organization (SSO) in its Android operating system constituted fair use under the Copyright Act, the presiding judge on June 8 denied motions for judgment as a matter of law (JMOL) by Google and Oracle Inc., finding that the jury's conclusion was reasonable and rejecting both parties' contentions that only verdicts in their respective favors would have been reasonable (Oracle America Inc. v. Google Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 74931).

Mealey's Litigation Procedure - Judge Declines To Address If Sealant Added To Windows Is A Component

SAN DIEGO - A federal judge in California on June 6 denied a motion to dismiss two window makers' claims for strict liability and negligence after refusing to apply the factors in KB Home v. Superior Court ( 112 Cal. App. 4th 1076 [Calif. App. 2003]) to determine if an allegedly defective sealant made by defendants is a component of the window (Starline Window Inc. v. Quanex Building Products Corp., et al., No. 15-cv-1282, S.D. Calif.; 2016 U.S. Dist. LEXIS 73570).

Mealey's Labor & Employment - Los Angeles' JNOV Denied After $2.1M Retaliation Verdict For Police Officer

LOS ANGELES - A California trial court judge on June 3 denied a motion by the City of Los Angeles for judgment notwithstanding the verdict (JNOV) less than a month after a Los Angeles jury awarded a female Los Angeles Police Department (LAPD) detective more than $2.1 million for claims that she was retaliated against after taking a medically ordered and approved disability leave (Maria Elena Montoya v. City of Los Angeles, et al., No. BC504572, Calif. Super., Los Angeles Co.).

Mealey's PI/Product Liability - Judge Declines To Address If Sealant Added To Windows Is A Component

SAN DIEGO - A federal judge in California on June 6 denied a motion to dismiss two window makers' claims for strict liability and negligence after refusing to apply the factors in KB Home v. Superior Court ( 112 Cal. App. 4th 1076 [Calif. App. 2003]) to determine if an allegedly defective sealant made by defendants is a component of the window (Starline Window Inc. v. Quanex Building Products Corp., et al., No. 15-cv-1282, S.D. Calif.; 2016 U.S. Dist. LEXIS 73570).

Mealey's IP/Tech - Federal Judge: Merck Patents Unenforceable Due To Unclean Hands

SAN FRANCISCO - Although a patent infringement defendant failed to show that Merck & Co., Merck Sharp and Dohme Corp. and Isis Pharmaceuticals Inc. (Merck, collectively) waived their right to enforce two patents against a competitor, a "pervasive pattern" of "unconscionable" conduct by Merck renders the patents unenforceable, according to a June 6 ruling by a California federal judge (Gilead Sciences Inc. v. Merck & Co., et al., No. 13-4057, N.D. Calif.; 2016 U.S. Dist. LEXIS 73595).

Mealey's Antitrust/Unfair Competition - Class Certification Sought In Suit Alleging Privacy Violations By Google Wallet

SAN JOSE, Calif. - The putative lead plaintiff in a suit alleging breach of contract and violation of California's unfair competition law (UCL) against Google Inc. filed a motion for class certification in California federal court on June 3, alleging that privacy violations made via the Google Wallet feature affected millions of potential class members (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.).

Mealey's Litigation Procedure - Class Certification Sought In Suit Alleging Privacy Violations By Google Wallet

SAN JOSE, Calif. - The putative lead plaintiff in a suit alleging breach of contract and violation of California's unfair competition law (UCL) against Google Inc. filed a motion for class certification in California federal court on June 3, alleging that privacy violations made via the Google Wallet feature affected millions of potential class members (Alice Svenson v. Google Inc., et al., No. 5:13-cv-04080, N.D. Calif.).

Mealey's Insurance - Pollution Exclusion Bars Coverage For Contamination Claims, Federal Judge Says

SAN FRANCISCO - A California federal judge on June 3 determined that a commercial general liability policy's pollution exclusion clearly bars coverage for underlying environmental contamination claims filed against an insured; however, the judge said a potential for coverage exists under the applicable business auto policies (American Guarantee and Liability Insurance Co., et al. v. Technichem Inc., et al., No. 15-03611, N.D. Calif.; 2016 U.S. Dist. LEXIS 72793).

Mealey's Litigation Procedure - Judge Refuses To Certify Class Related To Allegedly Defective Styling Irons

FRESNO, Calif. - A California federal judge on June 3 denied a motion filed by a consumer who asserted violations of California's unfair competition law in relation to allegedly defective styling irons, finding that she failed to satisfy the requirements for class certification (Delia Wilson, on behalf of herself and others similarly situated, v. Conair Corp., No. 1:14-cv-00894, E.D. Calif.; 2016 U.S. Dist. LEXIS 72837).

Mealey's Litigation Procedure - Supreme Court Declines To Hear Google's Appeal Over AdWords Class Damages

WASHINGTON, D.C. - In its June 6 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Google Inc. over an underlying grant of class certification in a class action over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve what the Internet giant called a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).

Mealey's Antitrust/Unfair Competition - Supreme Court Declines To Hear Google's Appeal Over AdWords Class Damages

WASHINGTON, D.C. - In its June 6 order list, the U.S. Supreme Court denied without comment a petition for certiorari by Google Inc. over an underlying grant of class certification in a class action over Google's AdWords program brought under California's unfair competition law (UCL) and false advertising law (FAL), to resolve what the Internet giant called a circuit split over whether individual damage calculations in class actions can be calculated using generalized proof (Google Inc. v. Pulaski & Middleman LLC, et al., No. 15-1101, U.S. Sup.).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Certify Class Related To Allegedly Defective Styling Irons

FRESNO, Calif. - A California federal judge on June 3 denied a motion filed by a consumer who asserted violations of California's unfair competition law in relation to allegedly defective styling irons, finding that she failed to satisfy the requirements for class certification (Delia Wilson, on behalf of herself and others similarly situated, v. Conair Corp., No. 1:14-cv-00894, E.D. Calif.; 2016 U.S. Dist. LEXIS 72837).