SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371, S.D. Calif.; 2016 U.S. Dist. LEXIS 96175).
SAN FRANCISCO - After finding that motions to dismiss claims asserted against various lenders in relation to a foreclosure relied on evidence outside of the pleadings, a California federal judge on July 22 converted it to a motion for summary judgment (Ernest L. Bonner v. Fay Servicing LLC, et al., No. 16-01363, N.D. Calif.; 2016 U.S. Dist. LEXIS 96784).
WASHINGTON, D.C. - A California federal judge's determination that Apple Inc. was entitled to a summary judgment that it did not infringe various claims of four patents was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 22 (Unwired Planet LLC v. Apple Inc., No. 15-1725, Fed. Cir.; 2016 U.S. App. LEXIS 13364).
SAN JOSE, Calif. - A California federal judge on July 22 held that an insurer has failed to satisfy its burden of establishing that all claims alleged in underlying class actions are excluded from coverage under a "products/completed operations liability and professional liability" insurance policy's contractual liability exclusion, denying the insurer's motion for summary judgment in a coverage dispute over lawsuits 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.; 2016 U.S. Dist. LEXIS 96079).
SAN FRANCISCO - A couple's second lawsuit against the sellers of a home with a leaky roof, the contractors who installed the roof and the contractor who attempted to repair the roof contained the same primary right as an earlier suit that was dismissed by a state court judge, a California appeals panel ruled July 22 in affirming a ruling sustaining defendants' motions for demurrer and summary judgment (Alan Kizor, et al v. Blackwood Associates Inc., et al., No. A144672, Calif. App., 1st Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 5442).
LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities Litigation, No. 07-2536, C.D. Calif.).
SAN JOSE, Calif. - A California federal judge on July 20 dismissed a petition to confirm an arbitral award, finding that the claimant invoked the wrong cause of action, but granted him leave to refile to properly invoke 9 U.S. Code Section 207 (Xiangkai Xu v. China Sunergy [US] Clean Tech Inc., et al., No. 15-cv-04823-HRL, N.D. Calif.; 2016 U.S. Dist. LEXIS 94906).
SAN FRANCISCO - Dismissal of a life insurance policy beneficiary's breach of contract and bad faith lawsuit against an insurer is not proper because the beneficiary has shown that his deceased wife timely completed all necessary paperwork and submitted to her employer as administrator of the policy to port her group life insurance policy into an individual policy, a federal judge in California ruled July 20 (Kent Graham v. Standard Insurance Co., No. 16-3407, N.D. Calif.; 2016 U.S. Dist. LEXIS 94871).
LOS ANGELES - A California appeals panel on July 21 affirmed an $8.3 million verdict in a DePuy ASR XL metal-on-metal hip case (Sheryl R. Kransky, et al. v. DePuy Orthopaedics, Inc., No. B249576, Calif. App., 2nd Dist., Div. 7).
SAN FRANCISCO - A woman's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit against Chevron Capital Corp. over petroleum contamination at a site in Oakland she purchased in 2010 that formerly housed a gas station was dismissed by a federal judge in California on July 19, who held that the statute's petroleum exclusion barred the woman's claim (Hong Jacqueline Nguyen Gardner v. Chevron Capital Corporation, No. 15-cv-1514-JD, N.D. Calif.; 2016 U.S. Dist. LEXIS 94110).
LOS ANGELES - A California federal judge on July 18 granted William H. Cosby Jr.'s motion to stay a homeowners and excess insurer's coverage dispute pending resolution of an underlying lawsuit brought by model, actress and TV producer Janice Dickinson but denied the motion to the extent Cosby seeks a stay pending the resolution of a criminal action in Pennsylvania (AIG Property Casualty Co. v. William H. Cosby Jr., et al., No. 15-04842, C.D. Calif.).
WASHINGTON, D.C. - Although a California federal judge properly denied a motion for attorney fees by four prevailing patent infringement defendants, she improperly exercised supplemental jurisdiction over state law claims of breach of fiduciary duty, aiding and abetting and unfair competition because the federal and state law claims share no common nucleus of operative facts, the Federal Circuit U.S. Court of Appeals ruled July 21 (AngioScore Inc. v. TriReme Medical LLC, et al., Nos. 16-1126, - 1142, Fed. Cir.).
SAN FRANCISCO - A federal judge in California on July 18 granted preliminary approval of a $23.5 million settlement between shareholders and a semiconductor company and others in a securities class action lawsuit, appointing shareholders as class counsel and approving the proposed settlement class (Keith Thomas, et al. v. MagnaChip Semiconductor Corp., et al., No. 14-1160, N.D. Calif.).
LOS ANGELES - A defendant's "befuddlement" over the conclusion that it destroyed evidence ignores the differing stories the defendant told throughout the litigation, a widow told a federal judge in California July 18 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif.).
SAN JOSE, Calif. - The plaintiffs in two putative class actions against antivirus software designer McAfee Inc. filed a motion in California federal court on July 14, seeking preliminary approval of a settlement of their claims related to the auto-renewal program associated with subscriptions for the firm's various software packages (Sam Williamson v. McAfee Inc., No. 5:14-cv-00158, and Samantha Kirby v. McAfee Inc., No. 5:14-cv-02475, N.D. Calif.).
SAN DIEGO - A Fourth District California Court of Appeal, Division One, panel in an order published July 15 reversed a superior court's approval of a class settlement in a case over supplements that allegedly provide weight loss benefits, finding that the online claim form misstated the settlement terms (Fred Duran v. Obesity Research Institute, LLC, et al., No. D067917, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. LEXIS 586).
SAN FRANCISCO - A California federal judge on July 15 partially granted a motion for reconsideration on the issue of whether a deductible applies to defense costs in an environmental contamination dispute and said the insurers are free to file a motion to amend their complaint after the underlying suit is adjudicated to allege a claim pertaining to the care, custody or control exclusion in the business auto policies at issue (American Guarantee and Liability Insurance Co., et al. v. Technichem Inc., et al., No. 15-03611, N.D. Calif.).
SAN FRANCISCO - Although a California federal judge on July 15 found the primary proposed class in a dispute over the purported unauthorized sharing of users' address book information to be too broad to support class certification, he granted certification of a subclass of users of Apple Inc.'s devices who activated a particular application (app) designed by Path Inc. (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.; 2016 U.S. Dist. LEXIS 92403).