LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Lawsuit Seeking To Compel EPA To Ban Fluoride In Drinking Water Stands, Judge Says

SAN FRANCISCO - A federal judge in California on Dec. 21 refused to dismiss a complaint against the Environmental Protection Agency brought by environmental advocacy groups seeking to compel the agency to initiate a rulemaking procedure to ban the introduction of "fluoridation chemicals" into drinking water on grounds that they cause brain damage (Food & Water Watch Inc., et al. v. United States Environmental Protection Agency, et al., No. 17-2162, N.D. Calif.).

Mealey's Insurance - California Federal Judge Halts New Contraceptive Mandate Exemptions

SAN FRANCISCO - A federal judge in California enjoined new rules expanding the Patient Protection and Affordable Care Act (ACA) contraceptive mandate, finding on Dec. 21 that the administration's sudden abandonment of previous policy and its failure to follow procedures provides strong grounds for the plaintiffs' case (State of California, et al. v. Don J. Wright, et al., No. 17-5783, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Panel Reverses Dismissal Of Foreclosure Claim, Finds Case Was Not Precluded

LOS ANGELES - A California appeals court on Dec. 20 reversed a trial court's order finding that a borrower's claims for unlawful foreclosure were barred by a ruling in a previous lawsuit, finding that the first lawsuit was not decided on the merits (Paula Boyd v. David Freeman, No. B279246, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 1138).

Mealey's IP/Tech - Judge Denies GoDaddy's Request For Restraining Order In Infringement, UCL Case

OAKLAND, Calif. - A California federal judge on Dec. 20 denied a request by GoDaddy Operating Co. LLC, which asserts causes of action for trademark infringement and violation of California's unfair competition law (UCL) against a graphics company and others, for a temporary restraining order, finding that the issue would be better decided on fully-briefed motions for an injunction rather than a temporary restraining order (GoDaddy Operating Company, LLC v. Usman Ghaznavi, et al., No. 17-cv-6545, N.D. Calif., 2017 U.S. Dist. LEXIS 209386).

Mealey's Antitrust/Unfair Competition - Judge Denies GoDaddy's Request For Restraining Order In Infringement, UCL Case

OAKLAND, Calif. - A California federal judge on Dec. 20 denied a request by GoDaddy Operating Co. LLC, which asserts causes of action for trademark infringement and violation of California's unfair competition law (UCL) against a graphics company and others, for a temporary restraining order, finding that the issue would be better decided on fully-briefed motions for an injunction rather than a temporary restraining order (GoDaddy Operating Company, LLC v. Usman Ghaznavi, et al., No. 17-cv-6545, N.D. Calif., 2017 U.S. Dist. LEXIS 209386).

Mealey's Banking & Finance - Panel Reverses Dismissal Of Foreclosure Claim, Finds Case Was Not Precluded

LOS ANGELES - A California appeals court on Dec. 20 reversed a trial court's order finding that a borrower's claims for unlawful foreclosure were barred by a ruling in a previous lawsuit, finding that the first lawsuit was not decided on the merits (Paula Boyd v. David Freeman, No. B279246, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. LEXIS 1138).

Mealey's IP/Tech - Sandoz, Others Prevail In California Patent Dispute Over Biosimilar Treatment

SAN FRANCISCO - A California federal judge on Dec. 19 granted four defendants summary judgment of noninfringement with regard to a patent covering the neutropenia treatments Neupogen and Neulasta (Amgen Inc. v. Sandoz Inc., et al., No. 14-4741, N.D. Calif.).

Mealey's IP/Tech - 9th Circuit Reverses As 'Unreasonable' Fee Award In Copyright Case

SAN FRANCISCO - In a Dec. 19 holding, the Ninth Circuit U.S. Court of Appeals upheld a California federal judge's denial of summary judgment on copyright infringement claims but vacated and remanded an award of attorney fees on behalf of a prevailing defendant (Anthony Johnson v. Storix Inc., No. 16-55439, 9th Cir., 2017 U.S. App. LEXIS 25682).

Mealey's Labor & Employment - California Appeals Court Reinstates Man's Suit Over Workers' Compensation Fraud

RIVERSIDE, Calif. - A California appeals court panel on Dec. 19 overturned a trial court judge's ruling dismissing a man's lawsuit accusing his former supervisor and employer of violating the Insurance Fraud Prevention Act (IFPA) by making false statements that resulted in the denial of his claim, finding that the suit was not barred by the litigation privilege or the workers' compensation exclusivity rule (California, ex. rel. Mahmoud Alzayat v. Gerald Hebb, et al., No. E066471, Calif. App., 4th Dist., 2nd Div., 2017 Cal. App. LEXIS 1133).

Mealey's Insurance - Federal Judge Finds Provider's Claims Against Health Insurer Time-Barred

LOS ANGELES - Years of delayed and partial payments put a health care provider on notice that an insurer was unlikely to make full payment and allowed the statute of limitations periods to close on all three claims, a federal judge in California held Dec. 15 (IV Solutions Inc. v. Empire Healthchoice Assurance Inc., et al., No. 17-5615, C.D. Calif., 2017 U.S. Dist. LEXIS 207601).

Mealey's Insurance - Government Owed Interest For Reinsurance Payments On Promissory Notes, Judge Says

LOS ANGELES - The federal government is entitled to recover prejudgment interest and attorney fees in its lawsuit seeking to enforce three promissory notes for which the government made reinsurance payments, a California federal judge ruled Dec. 18 (United States of America v. Lorin S. Rosemond, No. 17-00854, C.D. Calif., 2017 U.S. Dist. LEXIS 207751).

Mealey's IP/Tech - Pokemon GO Maker Prevails In California Patent Litigation

SAN FRANCISCO - Allegations by the owner of four mapping patents that Niantic Inc., developer of the popular Pokemon GO app, committed infringement were rejected Dec. 19 by a California federal magistrate judge, who deemed the underlying technology patent-ineligible under Section 101 of the Patent Act, 35 U.S.C. 101 (Location Based Services LLC v. Niantic Inc., No. 17-4413, N.D. Calif., 2017 U.S. Dist. LEXIS 208677).

Mealey's Toxic Tort/Environmental - Groups Sue Federal Agency Over Amendment To Methane Rule For Energy Companies

SAN FRANCISCO - A collection of environmental advocacy groups on Dec. 19 filed a lawsuit in California federal court against Secretary of the Interior Ryan Zinke and two federal agencies contending that they are violating federal law with regard to the U.S. Bureau of Land Management's (BLM) final decision to amend the compliance deadlines for what is known as the methane waste prevention rule (Sierra Club, et al. v. Ryan Zinke, et al., No. 17-7187, N.D. Calif.).

Mealey's Insurance - California Appeals Court Reinstates Man's Suit Over Workers' Compensation Fraud

RIVERSIDE, Calif. - A California appeals court panel on Dec. 19 overturned a trial court judge's ruling dismissing a man's lawsuit accusing his former supervisor and employer of violating the Insurance Fraud Prevention Act (IFPA) by making false statements that resulted in the denial of his claim, finding that the suit was not barred by the litigation privilege or the workers' compensation exclusivity rule (California, ex. rel. Mahmoud Alzayat v. Gerald Hebb, et al., No. E066471, Calif. App., 4th Dist., 2nd Div., 2017 Cal. App. LEXIS 1133).

Mealey's Litigation Procedure - Judge Transfers Class Action Challenging Natural Products Labeling

SAN DIEGO - A California federal judge on Dec. 15 refused to dismiss a class action complaint filed by the makers and sellers of allegedly all natural products, but granted a request to transfer the case where a similar action has been stayed pending a determination by the Food and Drug Administration on whether the term "natural" should be regulated on food labels (Janell Johnson Campbell v. Annie's Homegrown Inc., et al., No. 17cv1736, S.D. Calif., 2017 U.S. Dist. LEXIS 206808).

Mealey's Antitrust/Unfair Competition - Judge Transfers Class Action Challenging Natural Products Labeling

SAN DIEGO - A California federal judge on Dec. 15 refused to dismiss a class action complaint filed by the makers and sellers of allegedly all natural products, but granted a request to transfer the case where a similar action has been stayed pending a determination by the Food and Drug Administration on whether the term "natural" should be regulated on food labels (Janell Johnson Campbell v. Annie's Homegrown Inc., et al., No. 17cv1736, S.D. Calif., 2017 U.S. Dist. LEXIS 206808).

Mealey's Insurance - Panel Affirms Restitution Amount For False Workers' Compensation Claim

RIVERSIDE, Calif. - A California appeals panel on Dec. 14 affirmed the amount of restitution a woman must pay after pleading guilty to submitting a fraudulent workers' compensation claim, finding that the judge did not abuse his discretion when requiring her to pay back all wages and medical expenses paid as part of her claim (People v. Michelle Janet Lias, No. E067278, Calif. App., 4th Dist., 2nd Div., 217 Cal. App. Unpub. LEXIS 8588).

Mealey's Antitrust/Unfair Competition - 9th Circuit Finds Weight Loss Supplement Maker Did Not Represent Results

SAN FRANCISCO - After finding that a consumer failed to show that a research group made false misrepresentations about the proven results of its weight loss product, the Ninth Circuit U.S. Court of Appeals on Dec. 15 affirmed a district court's dismissal of his claims for violation of California's unfair competition law (UCL) and other California laws (Alhareth Aloudi v. Intramedic Research Group LLC, No. 16-15876, 9th Cir., 2017 U.S. App. LEXIS 25420).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Claims As Untimely In Franchise Agreement Dispute

OAKLAND, Calif. - A California federal judge on Dec. 12 held that a franchisee's breach of contract, bad faith and unfair business practices in violation of California Business and Professions Code Section 17200, Cal. Bus. & Prof. Code 17200, claims against a franchisor are untimely, further rejecting the franchisee's argument that the franchisor is estopped from relying on a statute of limitations defense (Power Quality & Electrical Systems, Inc., et al. v. BP West Coast Products LLC, No. 16-04791, N.D. Calif., 2017 U.S. Dist. LEXIS 204410).

Mealey's Litigation Procedure - Intuit Seeks Partial Dismissal Of Suit Over Fraudulent Filings

SAN JOSE, Calif. - In a Dec. 15 motion, Intuit Inc. asks a California federal court to again dismiss negligence and aiding and abetting claims brought against it related to incidents of fraudulent tax return filings, arguing that the plaintiffs did not establish any liability for the criminal activities of third parties (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).

Mealey's Insurance - Federal Judge: Fusion Surgery Preauthorization Waived Insurer's Later Denial

LOS ANGELES - A health insurer waived the right to deny coverage for vertebrate fusion surgery as experimental when it preauthorized the procedure, albeit with a different device, a federal judge in California held Dec. 12, entering judgment for the plaintiff on her Employee Retirement Income Security Act claims (Aubrey Cohorst v. Anthem Health Plans of Kentucky Inc., No. 16-7925, C.D. Calif., 2017 U.S. Dist. LEXIS 204362).

Mealey's Health Law - Federal Judge: Fusion Surgery Preauthorization Waived Insurer's Later Denial

LOS ANGELES - A health insurer waived the right to deny coverage for vertebrate fusion surgery as experimental when it preauthorized the procedure, albeit with a different device, a federal judge in California held Dec. 12, entering judgment for the plaintiff on her Employee Retirement Income Security Act claims (Aubrey Cohorst v. Anthem Health Plans of Kentucky Inc., No. 16-7925, C.D. Calif., 2017 U.S. Dist. LEXIS 204362).

Mealey's Antitrust/Unfair Competition - On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).

Mealey's Labor & Employment - California Panel Reverses Dismissal Of City's UCL Claims Against Contractors

LOS ANGELES - After finding that the city of Los Angeles' claims that a company and its owner conspired with subcontractors to pay employees wages less than the prevailing rate while working on a construction project were sufficient to support a claim for violation of California's unfair competition law (UCL), a state appellate panel on Dec. 12 reversed the trial court's ruling sustaining demurrers as to the city's claims against them (The People v. Mackone Development, et al., No. B268991, Calif. App., 2nd Dist., Div. 7, 2017 Cal. App. Unpub. LEXIS 8463).

Mealey's Banking & Finance - Judge Refuses To Enter Injunction Barring Property Foreclosure By Banks

SAN FRANCISCO - After finding no evidence to support a borrower's allegations regarding the chain of title of her mortgage, a California federal judge on Dec. 14 refused to grant a preliminary injunction enjoining a trust and lenders from foreclosing on her home (Mahsti Kashef v. Wells Fargo Bank, N.A., et al., No. 17-cv-06576, N.D. Calif., 2017 U.S. Dist. LEXIS 206001).