LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Refuses To Remand Former Red Cross Worker's Discrimination Claims

LOS ANGELES - After finding that a former Red Cross employee's claims for violation of California's unfair competition law (UCL), fraud and other claims against her former employer did not arise under California's workers' compensation law, a California federal judge on Nov. 4 denied her ex parte application to remand the case to a state court (Xochitl Nisbet v. American National Red Cross, et al., No. 16-7342, C.D. Calif.; 2016 U.S. Dist. LEXIS 153626).

Mealey's Banking & Finance - Judge Says Claims Against Employer Are Not Preempted By Trade Secrets Law

SAN FRANCISCO - After finding that a company's counterclaims for breach of a duty of loyalty and violation of California's unfair competition law (UCL) were not preempted by the California Uniform Trade Secrets Act (CUTSA), a California federal judge on Nov. 4 denied a former dispatcher's motion to dismiss the claims (Obie Banawis-Olila v. World Courier Ground Inc., et al., No. 16-cv-00982, N.D. Calif.; 2016 U.S. Dist. LEXIS 153608).

Mealey's PI/Product Liability - Real Estate Property Managed Endorsement Rendered Policies Excess, Judge Rules

SACRAMENTO, Calif. - A California federal judge on Nov. 2 held that a Real Estate Property Managed endorsement rendered an insurer's policies excess with respect to an underlying personal injury claim, finding that the insurer has no duty to defend or indemnity its property manager insured (Atain Specialty Insurance Co. v. Sierra Pacific Management Co., et al., No. 14-00609, E.D. Calif.; 2016 U.S. Dist. LEXIS 152874).

Mealey's PI/Product Liability - After Show-Cause Brief, More Argument Ordered On Ex Parte Remand Application

OAKLAND, Calif. - A federal magistrate judge in California on Nov. 3 ordered further briefing on plaintiffs' ex parte application for remand after the removing defendant's response to an order to show cause why the case did not belong in state court (John Ballard, et al. v. Ameron International Corp., et al., No. 16-6074, N.D. Calif.; 2016 U.S. Dist. LEXIS 147810).

Mealey's Insurance - Real Estate Property Managed Endorsement Rendered Policies Excess, Judge Rules

SACRAMENTO, Calif. - A California federal judge on Nov. 2 held that a Real Estate Property Managed endorsement rendered an insurer's policies excess with respect to an underlying personal injury claim, finding that the insurer has no duty to defend or indemnity its property manager insured (Atain Specialty Insurance Co. v. Sierra Pacific Management Co., et al., No. 14-00609, E.D. Calif.; 2016 U.S. Dist. LEXIS 152874).

Mealey's IP/Tech - Jury Verdict Of No Likely Confusion Affirmed By 9th Circuit

SAN FRANCISCO - A California federal judge did not err in deciding various pretrial motions in favor of a defendant in a dispute over a red sailing ship trademark used in connection with Asian food products, the Ninth Circuit U.S. Court of Appeals ruled Nov. 4 (Anhing Corporation v. Viet Phu Inc., et al., No. 14-56664, 9th Cir.; 2016 U.S. App. LEXIS 19967).

Mealey's Toxic Tort/Environmental - After Show-Cause Brief, More Argument Ordered On Ex Parte Remand Application

OAKLAND, Calif. - A federal magistrate judge in California on Nov. 3 ordered further briefing on plaintiffs' ex parte application for remand after the removing defendant's response to an order to show cause why the case did not belong in state court (John Ballard, et al. v. Ameron International Corp., et al., No. 16-6074, N.D. Calif.; 2016 U.S. Dist. LEXIS 147810).

Mealey's Litigation Procedure - Investors Appointed As Lead Plaintiffs In Charles Schwab Securities Class Action

SAN FRANCISCO - A federal judge in California on Nov. 2 appointed a pair of investors as lead plaintiff in a securities class action lawsuit against Charles Schwab Corp. and others, ruling that the investors have the largest financial interest in the litigation and meet the statutory requirements of typicality and adequacy (Robert Crago v. Charles Schwab & Co. Inc., et al., No. 16-3938, N.D. Calif.).

Mealey's PI/Product Liability - Man Burned By Exploding Off-Road Vehicles Files Suit

SAN BERNARDINO, Calif. - A man who was injured after his off-road vehicle caught fire filed suit against the maker of the vehicle in California state court on Nov. 1, claiming that the vehicle was made with a design defect that caused it to explode without warning (Blake Gordon v. Polaris Industries Inc., No. 1618484, Calif. Sup. San Bernardino Co.).

Mealey's Antitrust/Unfair Competition - Judge Allows UCL And CLRA Claims Against Whirlpool To Proceed

SAN JOSE, Calif. - A California federal judge on Nov. 1 granted a motion filed by the maker of a refrigerator to dismiss claims against it relating to an alleged defect that causes leaking, but allowed a consumer's claims for violation of California's unfair competition law (UCL) and other state laws to proceed (Julie Corzine v. Whirlpool Corporation, No. 15-cv-05764, N.D. Calif.; 2016 U.S. Dist. LEXIS 152138).

Mealey's Securities/D&O Liability - Investors Appointed As Lead Plaintiffs In Charles Schwab Securities Class Action

SAN FRANCISCO - A federal judge in California on Nov. 2 appointed a pair of investors as lead plaintiffs in a securities class action lawsuit against Charles Schwab Corp. and others, ruling that the investors have the largest financial interest in the litigation and meet the statutory requirements of typicality and adequacy (Robert Crago v. Charles Schwab & Co. Inc., et al., No. 16-3938, N.D. Calif.).

Mealey's Health Law - Class Claims Insurer Misrepresents Quality Of Replacement Plans

LOS ANGELES - Anthem Blue Cross promises Patient Protection and Affordable Care Act (ACA) exchange customers re-enrollment in a similar plans when cancellations occur, while in reality providing far inferior plans with no out-of-network coverage, according to a class action lawsuit filed Oct. 31 in California court, alleging violation of the state unfair competition law (UCL) (Paul Simon, et al. v. Blue Cross of California, d/b/a Anthem Blue Cross; and DOES 1-100, inclusive, No. BC639205, Calif. Super., Los Angeles Co.).

Mealey's Antitrust/Unfair Competition - Class Claims Insurer Misrepresents Quality Of Replacement Plans

LOS ANGELES - Anthem Blue Cross promises Patient Protection and Affordable Care Act (ACA) exchange customers re-enrollment in a similar plans when cancellations occur, while in reality providing far inferior plans with no out-of-network coverage, according to a class action lawsuit filed Oct. 31 in California court, alleging violation of the state unfair competition law (UCL) (Paul Simon, et al. v. Blue Cross of California, d/b/a Anthem Blue Cross; and DOES 1-100, inclusive, No. BC639205, Calif. Super., Los Angeles Co.).

Mealey's Banking & Finance - Judge Dismisses Wrongful Foreclosure Claims, Finds Bank Had Standing

SAN FRANCISCO - A California federal judge on Nov. 1 dismissed claims for wrongful foreclosure, violation of California civil code and other causes of action asserted by a borrower against banks in relation to her residential mortgage, finding that she failed to show that a bank held no interest in the property or that she was discriminated against (Annie G. Weaver v. Wells Fargo Bank, N.A., et al., No. 16-cv-04907, N.D. Calif.; 2016 U.S. Dist. LEXIS 151374).

Mealey's Litigation Procedure - Class Claims Insurer Misrepresents Quality Of Replacement Plans

LOS ANGELES - Anthem Blue Cross promises Patient Protection and Affordable Care Act (ACA) exchange customers re-enrollment in a similar plans when cancellations occur, while in reality providing far inferior plans with no out-of-network coverage, according to a class action lawsuit filed Oct. 31 in California court, alleging violation of the state unfair competition law (UCL) (Paul Simon, et al. v. Blue Cross of California, d/b/a Anthem Blue Cross; and DOES 1-100, inclusive, No. BC639205, Calif. Super., Los Angeles Co.).

Mealey's Litigation Procedure - Robbins Geller Appointed As Lead Counsel In LendingClub Securities Class Action

SAN FRANCISCO - A federal judge in California on Oct. 28 appointed the law firm of Robbins Geller Rudman & Dowd to serve as lead counsel in a securities class action lawsuit against LendingClub Corp. and certain of its current and former executive officers, ruling that the law firm "was within the scope of several reasonable choices and was not influenced by any pay-to-play considerations" (Steeve Evellard v. LendingClub Corp., et al., No. 16-2627, N.D. Calif.).

Mealey's Labor & Employment - Federal Judge Remands Wrongful Termination Case Against CVS To State Court

LOS ANGELES - After finding that a pharmacy employee's claims for violation of California's unfair competition law (UCL) and labor code were not preempted by the Labor Management Relations Act (LMRA), a California federal judge on Oct. 31 remanded the case to a state court (Schirrelle Robertson v. CVS Pharmacy Inc., et al., No. 16-7533, C.D. Calif.; 2016 U.S. Dist. LEXIS 150665).

Mealey's Antitrust/Unfair Competition - Federal Judge Remands Wrongful Termination Case Against CVS To State Court

LOS ANGELES - After finding that a pharmacy employee's claims for violation of California's unfair competition law (UCL) and labor code were not preempted by the Labor Management Relations Act (LMRA), a California federal judge on Oct. 31 remanded the case to a state court (Schirrelle Robertson v. CVS Pharmacy Inc., et al., No. 16-7533, C.D. Calif.; 2016 U.S. Dist. LEXIS 150665).

Mealey's Securities/D&O Liability - Robbins Geller Appointed As Lead Counsel In LendingClub Securities Class Action

SAN FRANCISCO - A federal judge in California on Oct. 28 appointed the law firm of Robbins Geller Rudman & Dowd to serve as lead counsel in a securities class action lawsuit against LendingClub Corp. and certain of its current and former executive officers, ruling that the law firm "was within the scope of several reasonable choices and was not influenced by any pay-to-play considerations" (Steeve Evellard v. LendingClub Corp., et al., No. 16-2627, N.D. Calif.).

Mealey's Insurance - Continuous Injury Exclusion Bars Coverage For Insured's Defects, Judge Concludes

SACRAMENTO, Calif. - A "continuous or progressive injury" (CP) exclusion precludes coverage in most of the various underlying construction defects lawsuits filed against two insured subcontractors, a California federal judge ruled Oct. 31 (American Zurich Insurance Co., et al. v. Ironshore Specialty Insurance Co., No. 14-00060, E.D. Calif.; 2016 U.S. Dist. LEXIS 150684).

Mealey's Litigation Procedure - McDonald's To Pay $3.75M To Settle Franchise Workers' Class Action Lawsuit

SAN FRANCISCO - Lawyers representing about 800 current and former employees at five restaurants owned by a single McDonald's franchisee in California on Oct. 28 filed a motion seeking preliminary approval of a wage-and-hour class action settlement in which McDonald's would pay the workers $1.75 million in back pay and damages and $2 million in legal fees (Stephanie Ochoa, et al. v. McDonald's Corp., et al., No. 14-2098, N.D. Calif.).

Mealey's Labor & Employment - Rite Aid May Ask New York Plaintiffs Limited Questions About California Plaintiffs

NEW YORK - A New York federal magistrate judge issued an opinion on Oct. 31 granting Rite Aid Corp. permission to question three plaintiffs in an ongoing New York collective and class wage suit about their supervision of certain plaintiffs in current California wage suits without the plaintiffs' counsel present (Yatram Indergit, et al. v. Rite Aid Corporation, et al., No. 08-9361, S.D. N.Y.; 2016 U.S. Dist. LEXIS 150565).

Mealey's IP/Tech - Spyware Class Action Against Lenovo Partly Dismissed, Partly Certified

SAN JOSE, Calif. - In an Oct. 27 ruling, a California federal judge permitted computer fraud, invasion of privacy and consumer-related claims against Lenovo (United States) Inc. related to the installation of laptop spyware to proceed, while dismissing wiretap and negligence claims. The judge also granted certification of nationwide and statewide indirect purchaser classes, but denied certification for a direct purchaser class (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.; 2016 U.S. Dist. LEXIS 149958).

Mealey's Litigation Procedure - Spyware Class Action Against Lenovo Partly Dismissed, Partly Certified

SAN JOSE, Calif. - In an Oct. 27 ruling, a California federal judge permitted computer fraud, invasion of privacy and consumer-related claims against Lenovo (United States) Inc. related to the installation of laptop spyware to proceed, while dismissing wiretap and negligence claims. The judge also granted certification of nationwide and statewide indirect purchaser classes, but denied certification for a direct purchaser class (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.; 2016 U.S. Dist. LEXIS 149958).

Mealey's Litigation Procedure - Rite Aid May Ask New York Plaintiffs Limited Questions About California Plaintiffs

NEW YORK - A New York federal magistrate judge issued an opinion on Oct. 31 granting Rite Aid Corp. permission to question three plaintiffs in an ongoing New York collective and class wage suit about their supervision of certain plaintiffs in current California wage suits without the plaintiffs' counsel present (Yatram Indergit, et al. v. Rite Aid Corporation, et al., No. 08-9361, S.D. N.Y.; 2016 U.S. Dist. LEXIS 150565).