LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Glyphosate Exposure Causes Non-Hodgkin Lymphoma, Plaintiffs Say

SAN FRANCISCO - The plaintiffs in the multidistrict litigation for the herbicide Roundup on Oct. 27 filed a brief in California federal court, contending that there is "overwhelming evidence - whether it be the epidemiology, toxicology, or mechanistic data - that exposure to glyphosate-based formulations (GBFs) causes" non-Hodgkin lymphoma (NHL) (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Federal Judge Remands UCL, Negligence Claims Against Lender To California Court

SAN DIEGO - After finding that the amount in controversy in a lawsuit filed by a homeowner in relation to a mortgage company's alleged handling of her loan modification application did not meet the federal requirement, a California federal judge on Oct. 27 remanded the case to a state court (Carey M. Ainley v. PHH Mortgage, No. 17-01476, C.D. Calif., 2017 U.S. Dist. LEXIS 178625).

Mealey's Labor & Employment - California Federal Judge: Class Claims For Overtime, Missed Breaks Exceed $5M

LOS ANGELES - A California federal judge on Oct. 26 denied a request by the lead named plaintiff in a wage-and-hour class complaint to send the case back to state court, opining that the employer successfully showed that the overtime wages claim combined with the claims of missed meal and rest periods exceed the Class Action Fairness Act's (CAFA) $5 million threshold (Tinamarie Fatiah Al-Najjar v. Kindred Healthcare Operating, Inc., et al., No. 17-6166, C.D. Calif., 2017 U.S. Dist. LEXIS 178462).

Mealey's Litigation Procedure - Judge Transfers Claims Related To Allegedly Defective Pressure Cooker

FRESNO, Calif. - A California federal judge on Oct. 30 granted a joint motion by a purchaser and maker of an allegedly defective pressure cooker to transfer class action claims for violation of California's unfair competition law (UCL) and breach of warranty to be consolidated with another action in an Ohio federal court, finding that both cases have been settled and should be combined to promote the efficient administration of justice (Edwina Pinon v. Tristar Products Inc., et al., No. 1:16-cv-00331, E.D. Calif., 2017 U.S. Dist. LEXIS 179566).

Mealey's Litigation Procedure - California Federal Judge: Class Claims For Overtime, Missed Breaks Exceed $5M

LOS ANGELES - A California federal judge on Oct. 26 denied a request by the lead named plaintiff in a wage-and-hour class complaint to send the case back to state court, opining that the employer successfully showed that the overtime wages claim combined with the claims of missed meal and rest periods exceed the Class Action Fairness Act's (CAFA) $5 million threshold (Tinamarie Fatiah Al-Najjar v. Kindred Healthcare Operating, Inc., et al., No. 17-6166, C.D. Calif., 2017 U.S. Dist. LEXIS 178462).

Mealey's Banking & Finance - Federal Judge Remands UCL, Negligence Claims Against Lender To California Court

SAN DIEGO - After finding that the amount in controversy in a lawsuit filed by a homeowner in relation to a mortgage company's alleged handling of her loan modification application did not meet the federal requirement, a California federal judge on Oct. 27 remanded the case to a state court (Carey M. Ainley v. PHH Mortgage, No. 17-01476, C.D. Calif., 2017 U.S. Dist. LEXIS 178625).

Mealey's Antitrust/Unfair Competition - Judge Transfers Claims Related To Allegedly Defective Pressure Cooker

FRESNO, Calif. - A California federal judge on Oct. 30 granted a joint motion by a purchaser and maker of an allegedly defective pressure cooker to transfer class action claims for violation of California's unfair competition law (UCL) and breach of warranty to be consolidated with another action in an Ohio federal court, finding that both cases have been settled and should be combined to promote the efficient administration of justice (Edwina Pinon v. Tristar Products Inc., et al., No. 1:16-cv-00331, E.D. Calif., 2017 U.S. Dist. LEXIS 179566).

Mealey's Insurance - UCL Claim Against Liberty Mutual To Proceed

SAN DIEGO - After finding that development firms sufficiently pleaded the elements of a claim for violation of California's unfair competition law (UCL) in relation to the alleged overcharging of deductible fees, a California federal judge on Oct. 26 denied an insurer's motion to dismiss the claim (Bosa Development California Inc., et al. v. Liberty Mutual Fire Insurance Co., No. 3:17-cv-00945, S.D. Calif., 2017 U.S. Dist. LEXIS 177870).

Mealey's IP/Tech - Parties Brief Federal Circuit In Dispute Over Gene Modification Patent

WASHINGTON, D.C. - In an Oct. 25 appellee brief filed with the Federal Circuit U.S. Court of Appeals, a genomic research center argued that an appeal of a Patent Trial and Appeal Board (PTAB) interference proceeding stemming from technology related to genetic modification should be dismissed for lack of appellate jurisdiction (Regents of the University of California, et al., v. The Broad Institute Inc., et al., No. 17-1907, Fed. Cir.).

Mealey's Insurance - Insurer, Reinsurer Seek Dismissal By Federal Court Of Injunctive Relief Claim

SAN DIEGO - An insurer and a reinsurer in a joint motion filed Oct. 25 ask a California federal court to dismiss a single claim for injunctive relief against the reinsurer in an action seeking payment of a $3.2 million judgment over alleged breach of reinsurance agreements as a result of a series of fraudulent transfers (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif., 2017 U.S. Dist. LEXIS 165582).

Mealey's Litigation Procedure - Plaintiffs Defend Article III Standing In Facebook Biometric Class Action

SAN FRANCISCO - In an Oct. 26 brief opposing Facebook Inc.'s dismissal motion, the plaintiffs in a putative class action alleging violation of Illinois' Biometric Information Privacy Act (BIPA) via a photo-tagging feature tell a California federal court that they established standing under Article III of the U.S. Constitution due to Facebook's invasion of their concrete, statutorily protected privacy rights (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Federal Judge Allows UCL Claim Against Liberty Mutual To Proceed

SAN DIEGO - After finding that development firms sufficiently pleaded the elements of a claim for violation of California's unfair competition law (UCL) in relation to the alleged overcharging of deductible fees, a California federal judge on Oct. 26 denied an insurer's motion to dismiss the claim (Bosa Development California Inc., et al. v. Liberty Mutual Fire Insurance Co., No. 3:17-cv-00945, S.D. Calif., 2017 U.S. Dist. LEXIS 177870).

Mealey's PI/Product Liability - '11th-Hour' Declaration Can't Overcome Learned Intermediary In Plavix MDL Case

TRENTON, N.J. - The judge overseeing the Plavix multidistrict litigation on Oct. 26 granted summary judgment in a case after ruling that the plaintiff's "eleventh hour" declaration by one treating physician did not overcome California's learned intermediary defense for defendants Bristol-Myers Squibb Co. (BMS) and Sanofi-Aventis U.S. Inc. (In Re: Plavix Products Liability Litigation, MDL Docket No. 2418, No. 13-4518, D. N.J., 2017 U.S. Dist. LEXIS 177588).

Mealey's Toxic Tort/Environmental - California Jury Finds For Adhesives Company In Asbestos Trial

LOS ANGELES - A California jury on Oct. 27 rejected claims that asbestos in a company's aerospace adhesives caused a woman's fatal mesothelioma, returning a defense verdict for Dexter Hysol Aerospace, sources told Mealey Publications (Velma Searcy v. 3M Co., et al., No. BC612205, Calif. Super., Los Angeles Co.).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Complaint Against HSBC, Ocwen As Conclusory

SAN JOSE, Calif. - A California federal judge on Oct. 25 dismissed numerous claims asserted against a lender, trustee and loan servicer, including causes of action for violation of California's unfair competition law (UCL) and wrongful foreclosure, finding that the property was not foreclosed on and that the allegations were conclusory (Joseph Henard, et al. v. HSBC Bank USA, N.A., et al., No. 5:17-cv-01222, N.D. Calif., 2017 U.S. Dist. LEXIS 177167).

Mealey's Banking & Finance - Federal Judge Dismisses Complaint Against HSBC, Ocwen As Conclusory

SAN JOSE, Calif. - A California federal judge on Oct. 25 dismissed numerous claims asserted against a lender, trustee and loan servicer, including causes of action for violation of California's unfair competition law (UCL) and wrongful foreclosure, finding that the property was not foreclosed on and that the allegations were conclusory (Joseph Henard, et al. v. HSBC Bank USA, N.A., et al., No. 5:17-cv-01222, N.D. Calif., 2017 U.S. Dist. LEXIS 177167).

Mealey's PI/Product Liability - Judge Denies New Trial For Premises Owner Hit With $12.9M Asbestos Verdict

OAKLAND, Calif. - A California judge on Oct. 24 denied a premises owner's request for a new trial, leaving stand a jury's $12.9 million verdict for a man's environmental asbestos exposures, according to the docket (Lanette Louise Lopez, et al. v. The Hillshire Brands Co., RG14721622, Calif. Super., Alameda Co.).

Mealey's IP/Tech - Judge Finds Credit Union Did Not Violate UCL By Using Overdraft Program

SAN DIEGO - A California federal judge on Oct. 25 ruled that a credit union did not violate California's unfair competition law (UCL) or misappropriate trade secrets when it implemented an overdraft privilege (ODP) program, finding that it never used any of the recommendations given to it by a consulting firm that developed a similar program (John M. Floyd & Associates Inc. v. First Imperial Credit Union, et al., No. 16-cv-1851, S.D. Calif., 2017 U.S. Dist. LEXIS 177089).

Mealey's PI/Product Liability - Man Files Suit Against Developer, Builder, Contractors Over Defects

RIVERSIDE, Calif. - A California man on Oct. 23 filed a lawsuit in state court against KB Home Coastal Inc., as well as the builders and contractors who built his home, alleging that the defendants' violations of the California Building Code resulted in water intrusion and other damages to the structure (Nicholas Weg, et al. v. KB Home Coastal Inc., et al., No. RIC-1720019, Calif. Super., Riverside Co.).

Mealey's Antitrust/Unfair Competition - Judge Finds Credit Union Did Not Violate UCL By Using Overdraft Program

SAN DIEGO - A California federal judge on Oct. 25 ruled that a credit union did not violate California's unfair competition law (UCL) or misappropriate trade secrets when it implemented an overdraft privilege (ODP) program, finding that it never used any of the recommendations given to it by a consulting firm that developed a similar program (John M. Floyd & Associates Inc. v. First Imperial Credit Union, et al., No. 16-cv-1851, S.D. Calif., 2017 U.S. Dist. LEXIS 177089).

Mealey's Toxic Tort/Environmental - Judge Denies New Trial For Premises Owner Hit With $12.9M Asbestos Verdict

OAKLAND, Calif. - A California judge on Oct. 24 denied a premises owner's request for a new trial, leaving stand a jury's $12.9 million verdict for a man's environmental asbestos exposures, according to the docket (Lanette Louise Lopez, et al. v. The Hillshire Brands Co., RG14721622, Calif. Super., Alameda Co.).

Mealey's Insurance - Judge Refuses To Reinstate ACA Cost-Sharing Payments To Insurers

SAN FRANCISCO - The Trump administration has the better legal argument in a case challenging the elimination of the Patient Protection and Affordable Care Act (ACA) cost-sharing reduction (CSR) payments, and the relief sought by the plaintiff states would counterproductively harm their own residents, a federal judge in California said Oct. 25 in denying a preliminary injunction (The State of California, et al. v. Donald J. Trump, et al., No. 17-5895, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Orders Supplement Maker To Show Cause Regarding Fraud-Related Claims

LOS ANGELES - Although a California federal judge found that a nutrition company and its owner would likely succeed on their claims for violation of California's unfair competition law (UCL) and false advertising in relation to alleged false statements made by a competitor regarding its prostate supplement, the judge on Oct. 23 ruled that a temporary restraining order enjoining the competitor from making the statements was not yet warranted (Verified Nutrition LLC, et al. v. Eric Sclar, et al., No. 2:17-cv-07499, C.D. Calif., 2017 U.S. Dist. LEXIS 175401).

Mealey's Litigation Procedure - Magistrate Defines 'Tracked Data' In Vizio Smart TV Privacy Class Action

SANTA ANA, Calif. - In an Oct. 20 in chambers order, a California federal magistrate judge mostly adopted a definition of the term "tracked data" as proposed by the plaintiffs in a putative class action alleging privacy violations in the purported tracking of users' viewing habits and other data via smart TVs made by Vizio Inc.(In Re: Vizio Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).

Mealey's Insurance - Professional Services Exclusion Does Not Bar Coverage, Federal Magistrate Says

SAN FRANCISCO - A California federal magistrate on Oct. 24 rejected an insurer's reliance on an "architects and engineers professional services exclusion" to bar directors and officers liability coverage for an underlying lawsuit brought against its environmental engineering company insured, finding that the insurer has a duty to defend (RMC Water and Environment v. Travelers Casualty and Surety Company of America, No. 17-00379, N.D. Calif., 2017 U.S. Dist. LEXIS 176107).