LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - N.J. Man Sues Pokemon Go Developer For Placing Stops On Private Property

OAKLAND, Calif. - The developer of Pokemon Go, a popular "augmented reality" game that is played on smartphones, is liable for nuisance for placing virtual parts of the game known as "Pokestops" and "Pokemon gyms" on or adjacent to private property, a New Jersey man alleges in a class complaint filed July 29 in a California federal court (Jeffrey Marder, et al. v. Niantic, Inc., et al., No. 16-4300, N.D. Calif.).

Mealey's Litigation Procedure - Federal Judge Allows Detective's Testimony On Drug Deal Code Language

LOS ANGELES - A police detective may testify on interpreting coded language in conversations between an alleged drug dealer and a confidential informant (CI), a California federal judge ruled July 29, refusing to exclude his testimony (United States of America v. Brian Sawyers, No. 15-00070, C.D. Calif.; 2016 U.S. Dist. LEXIS 99688).

Mealey's Labor & Employment - Split California High Court: Classwide Arbitration Is A Procedural Matter

SAN FRANCISCO - Pursuant to California law, an arbitrator is the appropriate party to decide whether an arbitration agreement allows arbitration on a classwide basis, a divided California Supreme Court ruled July 28, holding that the question is a procedural matter, not a gateway question of arbitrability (Timothy Sandquist v. Lebo Automotive, Inc., et al., No. S220812, Calif. Sup.; 2016 Cal. LEXIS 6246).

Mealey's Labor & Employment - Judge Finds Wage-Related Claims Against Food Company Are Cognizable

FRESNO, Calif. - After previously finding that a food company employee's claims for violation of California's unfair competition law (UCL) and Labor Code were cognizable, a California federal judge on Aug. 1 refused to dismiss the claims or, in the alternative, to grant interlocutory appellate certification (Jerrod Finder, on behalf of himself and class of others similarly situated v. Leprino Foods Co., et al., No. 1:13-CV-02059, E.D. Calif.; 2016 U.S. Dist. LEXIS 100417).

Mealey's Antitrust/Unfair Competition - Judge Finds Wage-Related Claims Against Food Company Are Cognizable

FRESNO, Calif. - After previously finding that a food company employee's claims for violation of California's unfair competition law (UCL) and Labor Code were cognizable, a California federal judge on Aug. 1 refused to dismiss the claims or, in the alternative, to grant interlocutory appellate certification (Jerrod Finder, on behalf of himself and class of others similarly situated v. Leprino Foods Co., et al., No. 1:13-CV-02059, E.D. Calif.; 2016 U.S. Dist. LEXIS 100417).

Mealey's Insurance - Judge Orders Conservatorship Of Insurer In Hazardous Financial Condition

SAN FRANCISCO - A California judge on July 28 ordered an insurer into conservatorship and named the state's insurance commissioner as conservator (Dave Jones, Insurance Commissioner of the State of California v. CastlePoint National Insurance Company, and DOES 1-50, No. CPF-16-515183, Calif. Super., San Francisco).

Mealey's Litigation Procedure - Split California High Court: Classwide Arbitration Is A Procedural Matter

SAN FRANCISCO - Pursuant to California law, an arbitrator is the appropriate party to decide whether an arbitration agreement allows arbitration on a classwide basis, a divided California Supreme Court ruled July 28, holding that the question is a procedural matter, not a gateway question of arbitrability (Timothy Sandquist v. Lebo Automotive, Inc., et al., No. S220812, Calif. Sup.; 2016 Cal. LEXIS 6246).

Mealey's IP/Tech - Apple's Waiver Claim Fails, But Federal Circuit Upholds Noninfringement Ruling

WASHINGTON, D.C. - A California federal judge properly construed the terms "specified connection" and "UL connections" in a dispute over wireless communication patents, according to an Aug. 1 ruling by the Federal Circuit U.S. Court of Appeals in favor of defendant Apple Inc. (Wi-LAN USA Inc., et al. v. Apple Inc., No. 15-1256, Fed. Cir.; 2016 U.S. App. LEXIS 13860).

Mealey's IP/Tech - Federal Circuit Affirms: Paging Patents Not Invalid, Not Infringed By Apple

WASHINGTON, D.C. - A California federal judge's decision that upheld a verdict of patent invalidity and noninfringement following a seven-day jury trial was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Aug. 1 (GPNE Corp. v. Apple Inc., No. 15-1825, Fed. Cir.; 2016 U.S. App. LEXIS 13862).

Mealey's Banking & Finance - 9th Circuit Affirms Dismissal Of UCL Claim In Dispute Over Polysilicon

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 29 affirmed the dismissal of claims for violation of California's unfair competition (UCL) in relation to a contract for the supply of polysilicon based on forum non conveniens (Adema Technologies Inc., et al. v. Wacker Chemical Corp., et al., No. 14-16618, 9th Cir.; 2016 U.S. App. LEXIS 13742).

Mealey's Insurance - Faulty Work Exclusion Bars Coverage For Insured's Stone Flooring Error, Panel Finds

LOS ANGELES - Damage to an insured's mixed-use complex caused by subcontractors' faulty stone flooring work is precluded under a defective workmanship exclusion, a California appeals panel held July 28, affirming summary judgment to seven insurers on breach of contract, bad faith and fraud claims (Olympic and Georgia Partners LLC v. Arch Specialty Insurance Co., et al., No. B264647, Calif. App., 2nd Dist., Div. 2; 2016 Cal. App. Unpub. LEXIS 5559).

Mealey's PI/Product Liability - Pelvic Mesh Maker Orders Liquidation Value Estimate In Bid To Save Settlement

LOS ANGELES - Pelvic mesh maker Caldera Medical Inc. on July 28 told a California federal court judge that it has hired an expert to analyze its potential liquidated value after the court on July 25 disapproved a $20 million class settlement (Federal Insurance Company v. Caldera Medical, Inc., et al., No. 15-393, C.D. Calif.).

Mealey's Litigation Procedure - Judge Finds Class Claims Can Proceed Against Kate Spade For False Advertising

SAN FRANCISCO - After finding that a group of consumers who allege that a designer makes inferior quality products for its outlets stores and advertises them as being boutique quality pleaded their class action claims with the required particularity, a California federal judge on July 26 refused to dismiss their causes of action for violation of California's unfair competition law (UCL), false advertising and other claims (Gaylia Pickles, et al. v. Kate Spade and Company, No. 15-cv-05329, N.D. Calif.; 2016 U.S. Dist. LEXIS 98187).

Mealey's Antitrust/Unfair Competition - Judge Finds Class Claims Can Proceed Against Kate Spade For False Advertising

SAN FRANCISCO - After finding that a group of consumers who allege that a designer makes inferior quality products for its outlets stores and advertises them as being boutique quality pleaded their class action claims with the required particularity, a California federal judge on July 26 refused to dismiss their causes of action for violation of California's unfair competition law (UCL), false advertising and other claims (Gaylia Pickles, et al. v. Kate Spade and Company, No. 15-cv-05329, N.D. Calif.; 2016 U.S. Dist. LEXIS 98187).

Mealey's Labor & Employment - Union's Arbitration Petition For Casino Dispute Survives Tribe's Dismissal Bid

SACRAMENTO, Calif. - A California federal judge on July 27 rejected an Indian tribe's bid to dismiss a petition filed by a labor union seeking to force the tribe to arbitrate a dispute over the firing of two casino employees (Unite Here International Union v. Shingle Springs Band of Miwok Indians, No. 2:16-cv-00384, E.D. Calif.; 2016 U.S. Dist. LEXIS 98255).

Mealey's PI/Product Liability - Motion To Lift Stay On Counties' Opioid Case Taken Off Court's Calendar

SANTA ANA, Calif. - A California state court judge on July 27 removed from the court's calendar a motion by two counties to lift a stay of their lawsuit against OxyContin maker Purdue Pharma L.P. (The People of the State of California, et al. v. Purdue Pharma, No. 30-2014-00725287, Calif. Super., Orange Co.).

Mealey's Litigation Procedure - Alleged Misstatements Were Forward-Looking, Nonactionable, Judge Rules

SANTA ANA, Calif. - Dismissal of claims in a securities class action lawsuit is proper because alleged false and misleading statements made by a quick-service restaurant chain, several of its executive officers and directors and others in a 2015 press release were forward-looking and protected under the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA) or were mere puffery and were nonactionable, a federal judge in California ruled July 25 (Daniel Turocy v. El Pollo Loco Holdings Inc., et al., No. 15-1343, C.D. Calif.).

Mealey's Labor & Employment - California Federal Judge Refuses To Decertify Class In Rounding Time Suit

SAN DIEGO - A California federal judge on July 25 denied a motion to decertify a class of workers suing over their employer's rounding practices based on a recent decision by the Ninth Circuit U.S. Court of Appeals in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership (821 F.3d 1069 [9th Cir. 2016]) (Naomi Tapia, et al. v. Zale Delaware Inc., No. 13-1565, S.D. Calif.; 2016 U.S. Dist. LEXIS 96801).

Mealey's Labor & Employment - California Federal Judge: Employee Info Theft Class Suit Belongs In Federal Court

RIVERSIDE, Calif. - A California federal judge on July 25 denied a motion to remand a class complaint over the disclosure of employee information to a scammer, finding that the amount in controversy exceeds the minimum necessary for removal pursuant to the Class Action Fairness Act (CAFA) (Beverly Porras, et al. v. Sprouts Farmers Market, LLC, et al., No. 16-1005, C.D. Calif.; 2016 U.S. Dist. LEXIS 96805).

Mealey's Litigation Procedure - California Federal Judge: Employee Info Theft Class Suit Belongs In Federal Court

RIVERSIDE, Calif. - A California federal judge on July 25 denied a motion to remand a class complaint over the disclosure of employee information to a scammer, finding that the amount in controversy exceeds the minimum necessary for removal pursuant to the Class Action Fairness Act (CAFA) (Beverly Porras, et al. v. Sprouts Farmers Market, LLC, et al., No. 16-1005, C.D. Calif.; 2016 U.S. Dist. LEXIS 96805).

Mealey's Litigation Procedure - California Federal Judge Refuses To Decertify Class In Rounding Time Suit

SAN DIEGO - A California federal judge on July 25 denied a motion to decertify a class of workers suing over their employer's rounding practices based on a recent decision by the Ninth Circuit U.S. Court of Appeals in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership (821 F.3d 1069 [9th Cir. 2016]) (Naomi Tapia, et al. v. Zale Delaware Inc., No. 13-1565, S.D. Calif.; 2016 U.S. Dist. LEXIS 96801).

Mealey's Securities/D&O Liability - Alleged Misstatements Were Forward-Looking, Nonactionable, Judge Rules

SANTA ANA, Calif. - Dismissal of claims in a securities class action lawsuit is proper because alleged false and misleading statements made by a quick-service restaurant chain, several of its executive officers and directors and others in a 2015 press release were forward-looking and protected under the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA) or were mere puffery and were nonactionable, a federal judge in California ruled July 25 (Daniel Turocy v. El Pollo Loco Holdings Inc., et al., No. 15-1343, C.D. Calif.).

Mealey's IP/Tech - Federal Circuit: Patent License Counterclaim Not Subject To Arbitration

WASHINGTON, D.C. - A California federal judge did not err in concluding that counterclaims of breach of contract premised upon a purported license to use a disputed patent are not subject to arbitration, the Federal Circuit U.S. Court of Appeals ruled July 26 (Verinata Health Inc., et al. v. Ariosa Diagnostics Inc., No. 15-1970, Fed. Cir.; 2016 U.S. App. LEXIS 13557).

Mealey's PI/Product Liability - Caldera Pelvic Mesh Class Settlement Denied Due To 'Estimated Fund'

LOS ANGELES - A California federal judge on July 25 denied approval of a $20 million class settlement of 2,710 pelvic mesh cases against Caldera Medical Inc. because the settlement fund is only an estimate and because the settlement does not include the potential liquidated value of the medical device company (Federal Insurance Company v. Caldera Medical, Inc., et al., No. 15-393, C.D. Calif.).

Mealey's Litigation Procedure - Lenovo Laptop Purchasers Seek Certification Of Fraud, Privacy Claims Over Adware

SAN JOSE, Calif. - A group of consumers who purchased laptops that were preinstalled with purported malware filed a motion for class certification in California federal court on July 22 of their unlawful access, consumer protection and related claims against the computer manufacturer and the software developer (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).