LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Woman Sues City, Lot Owners After Injury From Fall On Sidewalk

LOS ANGELES - A woman filed suit in California state court on Aug. 18 against a city government and the private owners of a lot claiming that she was injured by tripping over a raised portion of a sidewalk belonging to the city and that the city and the owners of a lot near the alleged hazardous sidewalk failed to maintain the sidewalk and failed to warn her about the hazard (Joanne Feuer v. City of Lakewood, et al., No. BC672869, Calif. Super., Los Angeles Co.).

Mealey's Litigation Procedure - 2nd Circuit Orders Arbitration Of Uber Price-Fixing Claims Unless It Waived Its Right

NEW YORK - A mobile application by Uber Technologies Inc., a ridesharing service, provided "reasonably conspicuous notice" of its terms of service, which included an arbitration clause, as a matter of California law, a Second Circuit U.S. Court of Appeals panel ruled Aug. 17 in a price-fixing class complaint, ordering a trial court on remand to determine whether Uber and its co-founder waived their right to arbitration by litigating the case (Spencer Meyer, et al. v. Uber Technologies, Inc., et al., Nos. 16-2750, 16-2752, 2nd Cir., 2017 U.S. App. LEXIS 15497).

Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Criminal Copyright Claim

SAN FRANCISCO - Allegations that a defendant gained access to copyrighted electronic design automation (EDA) software through fraud in violation of the Copyright Act are adequately pleaded, a California federal judge ruled Aug. 15 in denying a motion to dismiss (Synopsys Inc. v. Ubiquiti Network Inc., et al., No. 17-561, N.D. Calif., 2017 U.S. Dist. LEXIS 130070).

Mealey's PI/Product Liability - Court Says Expert May Offer Causation Opinion On Colon Cancer-Asbestos Link

SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert relied upon (Dolores Duty, et al. v. TRZ Realty LLC, Nos. A142167, A143260, Calif. App., 1st Dist., 2017 Cal. App. Unpub. LEXIS 5616).

Mealey's Toxic Tort/Environmental - Court Says Expert May Offer Causation Opinion On Colon Cancer-Asbestos Link

SAN FRANCISCO - A doctor with 30 years of experience reviewing asbestos and colon cancer cases satisfies the standard for offering an opinion on causation, a California appeals court held Aug. 14 in dismissing a company's complaints about the quality of some of the underlying evidence the expert relied upon (Dolores Duty, et al. v. TRZ Realty LLC, Nos. A142167, A143260, Calif. App., 1st Dist., 2017 Cal. App. Unpub. LEXIS 5616).

Mealey's Litigation Procedure - Judge Largely Allows ACA Lactation Insurance Coverage Suit To Proceed

SAN FRANCISCO - To the extent an insurer covers lactation services required by the Patient Protection and Affordable Care Act (ACA), allegations that it makes finding or using those providers impossible support a class action, a federal judge in California held Aug. 15 in largely denying a motion to dismiss (Rachel Condry, et al. v. UnitedHealth Group Inc., et al., No. 17-183, N.D. Calif., 2017 U.S. Dist. LEXIS 130089).

Mealey's Toxic Tort/Environmental - Glyphosate MDL Attorneys: Monsanto Document Release Not Done In Bad Faith

SAN FRANCISCO - Plaintiffs' attorneys representing people who contend that they developed cancer as a result of exposure to Roundup, the herbicide manufactured by Monsanto Co. that contains glyphosate, on Aug. 14 filed a brief in a California federal court arguing that they did not act in bad faith when they made 86 documents public that pertain to the lawsuit because when they did so, there was "no longer a live dispute" with regard to their confidentiality (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - LinkedIn Enjoined From Blocking Analytics Firm's Access To Data

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).

Mealey's Antitrust/Unfair Competition - Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit

SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three years after the deadline for adding plaintiffs (Markus Wilson, et al. v. Frito-Lay North America, Inc., No. 12-1586, N.D. Calif., 2017 U.S. Dist. LEXIS 129053).

Mealey's IP/Tech - LinkedIn Enjoined From Blocking Analytics Firm's Access To Data

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).

Mealey's Banking & Finance - Federal Judge Grants Motion To Dismiss Securities Suit Against Energy Company

SAN JOSE, Calif. - A California federal judge on Aug. 11 granted a motion to dismiss a securities class action lawsuit filed against a solar energy company and certain of its executive officers after determining that the plaintiffs failed to adequately allege falsity and scienter (In re SolarCity Corp. Securities Litigation, No. 16-4686, N.D. Calif., 2017 U.S. Dist. LEXIS 129137).

Mealey's Litigation Procedure - Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit

SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three years after the deadline for adding plaintiffs (Markus Wilson, et al. v. Frito-Lay North America, Inc., No. 12-1586, N.D. Calif., 2017 U.S. Dist. LEXIS 129053).

Mealey's Insurance - Appeals Panel Says ERISA Preempts California Law Barring Discretionary Clauses

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 15 vacated and remanded a district court's ruling that a de novo standard of review rather than an abuse of discretion standard of review should be applied in a disability benefits dispute because the Employee Retirement Income Security Act preempts the application of California's insurance law, which prohibits the use of discretionary clauses (Yvette Williby v. Aetna Life Insurance Co., No. 15-56394, 9th Cir., 2017 U.S. App. LEXIS 15213).

Mealey's Litigation Procedure - Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters

DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative misrepresentation and failed to show that FCA actively concealed a defect, a Michigan federal judge ruled Aug. 11, granting FCA's motion to dismiss (Donald J. Beck v. FCA US LLC, No. 17-10267, E.D. Mich., 2017 U.S. Dist. LEXIS 127724).

Mealey's Litigation Procedure - Apple Extended Warranty Class Suit Partially Survives Dismissal Motion

LOS ANGELES - A consumer suing Apple Inc. for allegedly shortchanging him several days on the extended warranty he purchased has standing to bring suit, but must resolve some deficiencies in his complaint, a California federal judge ruled Aug. 10, granting in part and denying in part Apple's motion to dismiss (Mitch Kalcheim, et al. v. Apple, Inc., et al., No. 16-9324, C.D. Calif., 2017 U.S. Dist. LEXIS 127332).

Mealey's Antitrust/Unfair Competition - Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters

DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative misrepresentation and failed to show that FCA actively concealed a defect, a Michigan federal judge ruled Aug. 11, granting FCA's motion to dismiss (Donald J. Beck v. FCA US LLC, No. 17-10267, E.D. Mich., 2017 U.S. Dist. LEXIS 127724).

Mealey's Labor & Employment - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).

Mealey's Antitrust/Unfair Competition - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).

Mealey's Litigation Procedure - California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL

SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).

Mealey's Litigation Procedure - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).

Mealey's Antitrust/Unfair Competition - California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL

SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).

Mealey's Litigation Procedure - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's Litigation Procedure - Viacom Faces Class Suit Alleging Violations Of Child Online Privacy Laws

SAN FRANCISCO - Several days after filing a complaint accusing The Walt Disney Co. and its partners of violating the Children's Online Privacy Protection Act (COPPA), a California woman on Aug. 7 filed a second nearly identical class action lawsuit in the U.S. District Court for the Northern District of California accusing Viacom Inc. and its partners of capturing and selling children's personally identifying information (Amanda Rushing, et al. v. Viacom Inc., et al., No. 17-4492, N.D. Calif.).

Mealey's IP/Tech - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).