SAN FRANCISCO - A health exchange company's officer's opinions regarding their financial health after passage of the Patient Protection and Affordable Care Act (ACA) and forward-looking statements with adequate warnings do not support class action claims under securities law, a federal judge in California held March 14 (Jeffrey West v. eHealth Inc., et al., No. 15-360, N.D. Calif.; 2016 U.S. Dist. LEXIS 33429).
LOS ANGELES - Without providing further detail, a federal judge in California on March 15 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the defendants' arguments should be brought as a motion for summary judgment (Joseph Fragala v. 500.com Limited, et al., No. 15-1463, C.D. Calif.).
SAN FRANCISCO - Evidence in a case alleging exposure to asbestos-tainted talc falls short of creating triable issues, a California appeals court panel held March 15 (John J. DePree, et al. v. BASF Catalysts LLC, et al., No. A140681, Calif. App., 1st Dist., Div. 5).
SAN FRANCISCO - A federal judge in California on March 15 granted in part the Department of Toxic Substances Control's (DTSC) motion for summary judgment in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, finding that a defendant company was unable to provide any expert testimony to show that it did not cause tetrachloroethylene (PCE) contamination on the property (Department of Toxic Substances Control v. Technichem Inc., et al., No. 12-cv-5845-VC, N.D. Calif.; 2016 U.S. Dist. LEXIS 33379).
OAKLAND, Calif. - A California federal judge on March 11 granted a motion to remand a labor violations class complaint, finding that the amount in controversy is not met because attorney fees in a Private Attorney General Act (PAGA) case must be apportioned among the total number of aggrieved employees (Wayne Russell, Jr. v. Aramark Refreshment Services, LLC, et al., No. 16-613, N.D. Calif.; 2016 U.S. Dist. LEXIS 31838).
SAN FRANCISCO - A man with pleural plaques but no impairment may seek medical-monitoring costs arising as a result of his asbestos exposure, a California appeals court held March 14 in reversing summary judgment on his negligence claim (Robert James Hanson v. Collins Electrical Co., No. A141878, Calif. App., 1st Dist.).
SAN DIEGO - A class member in a Song-Beverly Credit Card Act suit who filed only a notice of appearance and later objected to an attorney fee award failed to reserve her right to appeal the award as she was neither a party nor aggrieved by the award, a California appellate panel ruled March 14 (Mike Hernandez, et al. v. Restoration Hardware, Inc., No. D067091, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. LEXIS 185).
RIVERSIDE, Calif. - In a March 15 brief supporting its motion to vacate an order requiring it to assist the Federal Bureau of Investigation in gaining access to a locked iPhone belonging to one of the San Bernardino, Calif., terrorists, Apple Inc. tells a California federal court that the order violates the Constitution and is not authorized by the All Writs Act, under which it was issued (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
SAN FRANCISCO - Efforts by a patent infringement defendant to supplement its invalidity contentions was granted in part and denied in part March 10 by a California federal judge (Johnstech International Corp. v. JF Microtechnology SBD BHD, No. 14-2864, N.D. Calif.; 2016 U.S. Dist. LEXIS 31105).
OAKLAND, Calif. - In a March 10 motion to dismiss in California federal court, Twitter Inc. asserts that the widow of a terror attack victim did not allege any connection between the social network operator and the man responsible for the attack, also arguing that Section 230 of the Telecommunications Act of 1996 shields it from any liability for third-party messages posted on its "ubiquitously available online communications platform" (Tamara Fields v. Twitter Inc., No. 4:16-cv-00213, N.D. Calif.).
OAKLAND, Calif. - An aircraft brake manufacturer lacks support for the argument that there is merit in its potential appeal or that immediate remand of an asbestos action harms it, a widow told a federal judge in California on March 10 (Lorna M. Walek, et al. v. The Boeing Co., et al., No. 15-309, C.D. Calif.; 2016 U.S. Dist. LEXIS 30406).
SAN FRANCISCO - In response to requests for information by a California federal judge, Oracle America Inc. and Google Inc. on March 9 filed supplemental briefs offering their opinions as to what are acceptable uses of Internet searches for information on potential jurors in an upcoming retrial on fair use in a copyright dispute over the Java operating system (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.).
PASADENA, Calif. - A panel of the Ninth Circuit U.S. Court of Appeals on March 10 affirmed a grant of partial summary judgment in favor of a class of purchasers of nonresidential condominiums who claimed that a group of developers and their agents or affiliates committed unlawful business practices in violation of California's unfair competition law (UCL) (Dean Beaver, et al. v. Tarsadia Hotels, et al., No. 15-55106, 9th Cir.; 2016 U.S. App. LEXIS 4466).
OAKLAND, Calif. - An amended class certification motion was not sufficiently narrowed by consumers who have accused rental car companies of engaging in the practice of selling collision or liability damage waiver policies for vehicle rentals to plaintiffs without providing adequate notice that the coverage might be duplicative of other policies already held by the consumers, a California federal judge ruled March 8 (Sandra McKinnon, et al. v. Dollar Thrifty Automotive Group, Inc., et al., No. 12-4457, N.D. Calif.; 2016 U.S. Dist. LEXIS 29671).
RIVERSIDE, Calif. - In a brief filed March 10 in California federal court, the U.S. Department of Justice defends its motion to compel Apple Inc. to help the Federal Bureau of Investigation gain access to the iPhone belonging to one of the accused San Bernardino, Calif., shooters, arguing that any burden on the technology giant in terms of time and manpower would be minimal (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:16-cm-00010, C.D. Calif.).
LOS ANGELES - A tobacco company on March 8 filed notice with a federal court in California that it will appeal a $900,000 judgment entered in favor of a deceased smoker's daughter to the Ninth Circuit U.S. Court of Appeals (Jodie Bullock v. Philip Morris USA, Inc., No. CV-14-1258DSF, C.D. Calif.).
SAN DIEGO - A California appeals court panel on March 9 reversed a trial court's demurrer, finding that a plaintiff can amend his complaint under state law to allege that Novartis Pharmaceuticals Corp. failed to warn or negligently misrepresented the birth defect risk from off-label use of its former asthma drug Brethine, even though injury was allegedly caused by a generic version of the drug (T.H., et al. v. Novartis Pharmaceuticals Corporation, No. D067839, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. LEXIS 179).
SAN FRANCISCO - Following the conclusion of a long-running tobacco trial, a federal judge in California on March 7 ordered one of the plaintiff's attorneys to pay $1,500 in sanctions for misconduct during the trial (Nikki Pooshs v. Philip Morris USA, Inc., et al., No. 04-cv-1221-PJH, N.D. Calif.).