LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Federal Judge Transfers Employee's Class Claims Against Food Group

SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).

Mealey's Banking & Finance - Judge Allows Deutsche Bank To Amend Claims Related To Default Notices

SAN DIEGO - A California federal judge on Jan. 5 granted a bank's request to assert counterclaims against borrowers and to add various counterdefendants to an action in which property owners assert claims for violation of California's unfair competition law (UCL), the Truth in Lending Act (TILA) and other causes of action, finding that amendment would not prejudice the claimants (Rick J. Hinrichsen, et al. v. Quality Loan Service Corporation, et al., No. 16cv0690, S.D. Calif.; 2017 U.S. Dist. LEXIS 1670).

Mealey's Antitrust/Unfair Competition - Judge Allows Deutsche Bank To Amend Claims Related To Default Notices

SAN DIEGO - A California federal judge on Jan. 5 granted a bank's request to assert counterclaims against borrowers and to add various counterdefendants to an action in which property owners assert claims for violation of California's unfair competition law (UCL), the Truth in Lending Act (TILA) and other causes of action, finding that amendment would not prejudice the claimants (Rick J. Hinrichsen, et al. v. Quality Loan Service Corporation, et al., No. 16cv0690, S.D. Calif.; 2017 U.S. Dist. LEXIS 1670).

Mealey's Antitrust/Unfair Competition - Federal Judge Transfers Employee's Class Claims Against Food Group

SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).

Mealey's Litigation Procedure - Email Preservation Ordered In Russian Railcar Firm's Trade Secrets Lawsuit

SAN JOSE, Calif. - Finding that a Russian railcar company had demonstrated a likelihood of success in its claims against two former employees under the Defend Trade Secrets Act (DTSA), a California federal judge on Jan. 6 ordered the hosts of the employees' email accounts to preserve all electronic data associated with those accounts (OOO Brunswick Rail Management, et al. v. Richard Sultanov, et al., No. 5:17-cv-00017, N.D. Calif.; 2017 U.S. Dist. LEXIS 2343).

Mealey's PI/Product Liability - California Jury Awards Man $35 Million In Car Crash Negligence Suit

LOS ANGELES - A California jury on Jan. 9 awarded a man who was injured in a traffic accident $35 million after finding that the state transportation department knew about a hazard at an intersection in Los Angeles and that another driver was negligent and caused the crash (Nick Ekbatani v. CalTrans, et al., No. BC504902, Calif. Super., Los Angeles Co.).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses UCL Claim Against MERS For Failure To Amend

SAN FRANCISCO - After finding that a borrower failed to amend her claims for violation of California's unfair competition law (UCL) and declaratory relief, a California federal judge on Jan. 3 granted a motion to dismiss a second amended complaint against lenders in relation to a mortgage (Modesta Jacinto v. Ditech Financial LLC, et al., No. 16-cv-02815, N.D. Calif.; 2017 U.S. Dist. LEXIS 1012).

Mealey's Banking & Finance - Federal Judge Dismisses UCL Claim Against MERS For Failure To Amend

SAN FRANCISCO - After finding that a borrower failed to amend her claims for violation of California's unfair competition law (UCL) and declaratory relief, a California federal judge on Jan. 3 granted a motion to dismiss a second amended complaint against lenders in relation to a mortgage (Modesta Jacinto v. Ditech Financial LLC, et al., No. 16-cv-02815, N.D. Calif.; 2017 U.S. Dist. LEXIS 1012).

Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Willful Patent Infringement Claims

SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).

Mealey's Antitrust/Unfair Competition - Judge Finds No Jurisdiction Over Rental-Related Claims Against Landlord

SACRAMENTO, Calif. - After finding that a tenant's single federal claim failed, a California federal judge on Jan. 3 dismissed claims for violation of California's unfair competition law (UCL) and the Rehabilitation Act against a landlord for lack of jurisdiction (Angelica Francis v. Accessible Space Inc., et al., No. 2:16-cv-1016, E.D. Calif.; 2017 U.S. Dist. LEXIS 425).

Mealey's Litigation Procedure - Investors' Securities Claims Fail To Meet Pleading Requirements, Judge Rules

SAN FRANCISCO - Shareholders in a securities class action lawsuit against a specialty oil products manufacturer and distributor, certain of its current and former officers and directors and underwriters of two stock offerings failed to plead falsity in making their federal securities law claims because their claims failed to meet the strict pleading standards of the Private Securities Litigation Reform Act (PSLRA) and Federal Rule of Civil Procedure 9(b), a federal judge in California ruled Dec. 29 (Norfolk County Retirement System, et al. v. Solazyme Inc., et al., No. 15-2938, N.D. Calif.; 2016 U.S. Dist. LEXIS 179949).

Mealey's Insurance - Judge: OK To Register Arbitration Award Ruling In California Federal Court

NEW YORK - A federal judge in New York on Dec. 3 granted a pair of judgment creditors' motion to register a New York federal court's earlier order in a federal court in California where the party owing a $7.8 million arbitration award allegedly has substantial property (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.).

Mealey's Securities/D&O Liability - Investors' Securities Claims Fail To Meet Pleading Requirements, Judge Rules

SAN FRANCISCO - Shareholders in a securities class action lawsuit against a specialty oil products manufacturer and distributor, certain of its current and former officers and directors and underwriters of two stock offerings failed to plead falsity in making their federal securities law claims because their claims failed to meet the strict pleading standards of the Private Securities Litigation Reform Act (PSLRA) and Federal Rule of Civil Procedure 9(b), a federal judge in California ruled Dec. 29 (Norfolk County Retirement System, et al. v. Solazyme Inc., et al., No. 15-2938, N.D. Calif.; 2016 U.S. Dist. LEXIS 179949).

Mealey's IP/Tech - Judge Declines To Stay Injunction On Video-Streaming Service Pending Appeal

LOS ANGELES - A California federal judge on Dec. 29 declined to stay pending appeal a preliminary injunction issued against a video on demand (VOD) provider, finding that the balance of hardships weighed in favor of the plaintiff movie studios that have demonstrated a likelihood of success on their copyright infringement claims against the VOD firm (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Magistrate Recommends Dismissal Of Foreclosure-Related Claims Against Loan Servicer

SACRAMENTO, Calif. - After finding no evidence to support a borrower's claims for wrongful foreclosure and violation of California's unfair competition law (UCL), a California federal magistrate judge on Dec. 22 recommended that his claims against a loan servicer be dismissed without leave to amend (Timothy Mulgrew Jr. v. Green Tree Servicing LLC, et al., No. 2:14cv2998, E.D. Calif.; 2016 U.S. Dist. LEXIS 177715).

Mealey's Litigation Procedure - Judge Finds No Facts To Support False Advertising Claims Against Ralph Lauren

SAN DIEGO - A California federal judge on Dec. 20 granted a clothing retailer's motion to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims for false advertising in relation to its pricing, finding that she failed to allege facts to support her class action claims (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).

Mealey's Antitrust/Unfair Competition - Judge Finds No Facts To Support False Advertising Claims Against Ralph Lauren

SAN DIEGO - A California federal judge on Dec. 20 granted a clothing retailer's motion to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims for false advertising in relation to its pricing, finding that she failed to allege facts to support her class action claims (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).

Mealey's Banking & Finance - Magistrate Recommends Dismissal Of Foreclosure-Related Claims Against Loan Servicer

SACRAMENTO, Calif. - After finding no evidence to support a borrower's claims for wrongful foreclosure and violation of California's unfair competition law (UCL), a California federal magistrate judge on Dec. 22 recommended that his claims against a loan servicer be dismissed without leave to amend (Timothy Mulgrew Jr. v. Green Tree Servicing LLC, et al., No. 2:14cv2998, E.D. Calif.; 2016 U.S. Dist. LEXIS 177715).

Mealey's Litigation Procedure - Defendants In USC 403(b) Plan Class Action File Motion To Dismiss Or Compel Arbitration

LOS ANGELES - The defendants in a putative class action alleging that the University of Southern California's (USC) 403(b) retirement plans charged excessive fees moved Dec. 19 in California federal court for an order compelling individual, nonclass arbitration and dismissal or, in the alternative, staying all proceedings pending the resolution of arbitration (Allen L. Munro, et al. v. University of Southern California, et al., No. 2:16-cv-06191, C.D. Calif.).

Mealey's Labor & Employment - 9th Circuit Denies Rehearing En Banc In Uber Drivers' FCRA Suits

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 21 made a small amendment to its Sept. 7 opinion in which it held that a California federal judge erred when he assumed the authority to decide in two class complaints whether arbitration agreements between Uber Technologies Inc. and its drivers were enforceable and denied a petition for rehearing en banc (Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16178, Ronald Gillette v. Uber Technologies, Inc., No. 15-16181, Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16250, 9th Cir.; 2016 U.S. App. LEXIS 22898).

Mealey's Insurance - Insurer: Arguments Made By Reinsurer Regarding Jurisdiction Are Invalid

SAN FRANCISCO - An insurer argued in a federal court in California on Dec. 20 that its reinsurer's "first-to-file" argument is invalid because the reinsurer did not raise that defense in a previous motion to dismiss the insurer's breach of contract suit (The American Insurance Co. v. R&Q Reinsurance Co., No. 16-3044, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Chevron: Photos Should Not Be Admitted Into Evidence In Oil Rig Explosion Case

SAN FRANCISCO - Chevron Corp., which is being sued by Nigerian residents who contend that they have been injured as a result of an oil rig explosion, on Dec. 20 filed a brief in California federal court, arguing that the plaintiffs' motion to add photographs into evidence and file them under seal should be denied because they have not shown good cause to supplement the record (Natto Iyela Gbarabe v. Chevron Corporation, No. 14-173, N.D. Calif.).

Mealey's Insurance - California Federal Judge Adopts Insurer's Interpretation Of Elimination Period

SAN FRANCISCO - A California federal judge on Dec. 19 determined that a disability claimant's brief return to part-time work does not extend the end of the plan's elimination period for benefits because the claimant's attempt to work in a part-time capacity only bolsters the conclusion that the claimant was still disabled when he returned to part-time work (Marlon Montoya v. Reliance Standard Life Insurance Co., No. 14-2740, N.D. Calif.; 2016 U.S. Dist. LEXIS 175208).

Mealey's Labor & Employment - Defendants In USC 403(b) Plan Class Action File Motion To Dismiss Or Compel Arbitration

LOS ANGELES - The defendants in a putative class action alleging that the University of Southern California's (USC) 403(b) retirement plans charged excessive fees moved Dec. 19 in California federal court for an order compelling individual, nonclass arbitration and dismissal or, in the alternative, staying all proceedings pending the resolution of arbitration (Allen L. Munro, et al. v. University of Southern California, et al., No. 2:16-cv-06191, C.D. Calif.).

Mealey's Litigation Procedure - 9th Circuit Denies Rehearing En Banc In Uber Drivers' FCRA Suits

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 21 made a small amendment to its Sept. 7 opinion in which it held that a California federal judge erred when he assumed the authority to decide in two class complaints whether arbitration agreements between Uber Technologies Inc. and its drivers were enforceable and denied a petition for rehearing en banc (Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16178, Ronald Gillette v. Uber Technologies, Inc., No. 15-16181, Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16250, 9th Cir.; 2016 U.S. App. LEXIS 22898).