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Mealey's Labor & Employment - California Federal Judge Keeps Rest Break Class Suit In Federal Court

SACRAMENTO, Calif. - A class complaint accusing an ambulance service company of rest break violations belongs in federal court because the employer has shown that the claims are preempted and that federal question jurisdiction exists, a California federal judge ruled Oct. 12 (Meghan Silva, et al. v. Medic Ambulance Service, Inc., No. 17-876, E.D. Calif., 2017 U.S. Dist. LEXIS 169128).

Mealey's Antitrust/Unfair Competition - California Federal Judge Keeps Rest Break Class Suit In Federal Court

SACRAMENTO, Calif. - A class complaint accusing an ambulance service company of rest break violations belongs in federal court because the employer has shown that the claims are preempted and that federal question jurisdiction exists, a California federal judge ruled Oct. 12 (Meghan Silva, et al. v. Medic Ambulance Service, Inc., No. 17-876, E.D. Calif., 2017 U.S. Dist. LEXIS 169128).

Mealey's Litigation Procedure - California Federal Judge Keeps Rest Break Class Suit In Federal Court

SACRAMENTO, Calif. - A class complaint accusing an ambulance service company of rest break violations belongs in federal court because the employer has shown that the claims are preempted and that federal question jurisdiction exists, a California federal judge ruled Oct. 12 (Meghan Silva, et al. v. Medic Ambulance Service, Inc., No. 17-876, E.D. Calif., 2017 U.S. Dist. LEXIS 169128).

Mealey's IP/Tech - Nice, France, Attack Survivor Sues Twitter, Facebook Google For Terror Aiding

SAN FRANCISCO - A woman whose husband and son were killed in the July 2016 terror attack in Nice, France, filed a complaint in California federal court on Oct. 12 against Twitter Inc., Facebook Inc. and Google Inc., alleging that the three social network operators violated the Antiterrorism Act (ATA) by permitting terrorists, including the Nice attacker, to use their online platforms to carry out their terrorist activities (Kimberly Copeland v. Twitter Inc., et al., No. 3:17-cv-05851, N.D. Calif.).

Mealey's Litigation Procedure - Uber Seeks To Prevent Waymo From Reopening Discovery In Trade Secrets Suit

SAN FRANCISCO - The plaintiff in a misappropriation of trade secrets lawsuit against Uber Technologies Inc. and others has failed to show that discovery should be reopened for the plaintiff to determine whether Uber used the plaintiff's source code to develop its autonomous vehicle source code, Uber argues in an Oct. 12 opposition brief filed in California federal court (Waymo LLC v. Uber Technologies Inc., et al., No. 17-0939, N.D. Calif.).

Mealey's Labor & Employment - California Orchid Grower Will Pay $110,000 To Settle EEOC Pregnancy Bias Claims

FRESNO, Calif. - Dash Dream Plant Inc., a Merced County, Calif., orchid grower, will pay $110,000 to settle claims that it threatened employees that they would be fired if they got pregnant, the Equal Employment Opportunity Commission announced Oct. 16 (U.S. Equal Employment Opportunity Commission v. Dash Dream Plant, Inc., et al., No. 16-1395, E.D. Calif., 2017 U.S. Dist. LEXIS 169984).

Mealey's IP/Tech - Federal Circuit Affirms: Mail Barcode Patents Claim Ineligible Matter

WASHINGTON, D.C. - A California federal judge did not err in dismissing an infringement action because the patents in suit are directed to patent-ineligible subject matter under Section 101 of the Patent Act, 35 U.S.C. 101, the Federal Circuit U.S. Court of Appeals ruled Oct. 16 (Secured Mail Solutions LLC v. Universal Wilde Inc., No. 16-1728, Fed. Cir.).

Mealey's PI/Product Liability - Judge: 2 Of 3 Claims In Drug Pump Case Not Preempted, But Don't Link Causation

FRESNO, Calif. - Two out of three claims in a drug pump overdose case are not preempted, but a California federal judge on Oct. 13 nonetheless dismissed the plaintiff's case with prejudice because the plaintiff did not show that Medtronic Inc.'s manufacturing problems were what caused his device to fail (Michael Martin v. Medtronic, Inc., et al., No. 15-994, E.D. Calif., 2017 U.S. Dist. LEXIS 169996).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Grant Relief From Order Dismissing Fraud Claims

SAN DIEGO - Despite an admission by a policy holder's counsel that he was unable to assist his client in drafting her complaint, a California federal judge on Oct. 11 refused to grant her relief from an order dismissing her complaint, in which she asserted claims for fraud and violation of California's unfair competition law (UCL) against a life insurance carrier (Dolores Earlywine v. USAA Life Insurance Co., No. 3:17-CV-328, S.D. Calif., 2017 U.S. Dist. LEXIS 168287).

Mealey's Toxic Tort/Environmental - Judge OKs $1.09M Deal For Remediation, Future Costs Due To Tainted Groundwater

FRESNO, Calif. - A federal judge in California on Oct. 13 ruled that a $1.09 million settlement in a lawsuit involving the release of perchloroethylene (PCE) into the groundwater supply was "fair and equitable" because it will provide remediation and future oversight costs for an area that was contaminated by a dry-cleaning business (Viola Coppola, et al. v. Gregory Smith, et al., No. 11-cv-01257, E.D. Calif.; 2017 U.S. Dist. LEXIS 170002).

Mealey's PI/Product Liability - California High Court Won't Hear Appeal In $48.1M Motrin Case; Partial Retrial Due

LOS ANGELES - Three days after the California Supreme Court denied review, a state appeals court on Oct. 13 issued a remittitur of a $48.1 million Motrin skin injury verdict, a move that paves the way for retrial only of the plaintiff's claims for negligent and strict liability failure to warn against one of two defendants (Christopher Trejo v. Johnson & Johnson, et al., No. B23339, Calif. App., 2nd Dist., Div. 4).

Mealey's Litigation Procedure - Hospital Collection Calls Class Suit Survives Motion To Stay, Strike, Dismiss

SAN DIEGO - A California federal judge on Oct. 10 denied a children's hospital's motion to stay, strike class allegations or dismiss a class complaint filed by individuals who allege collection calls placed on the hospital's behalf violated the Telephone Consumer Protection (TCPA) (Taneesha Crooks, et al. v. Rady Children's Hospital, No. 17-246, S.D. Calif., 2017 U.S. Dist. LEXIS 168085).

Mealey's Banking & Finance - Judge Dismisses UCL Claim, But Rejects Health Insurer's ERISA Preemption Stance

SAN FRANCISCO - A substance abuse treatment center's three surviving claims involve a provider-insurer relationship outside ERISA's scope, but the provider's unfair competition law (UCL) claims seek relief available through other means and are not among the surviving causes of action, a federal judge in California held Oct. 10 (Summit Estate Inc. v. Cigna Healthcare of California Inc., et al., No. 17-3871, N.D. Calif., 2017 U.S. Dist. LEXIS 167462).

Mealey's Litigation Procedure - Monsanto: Roundup MDL Cases Fail For Lack Of Causation Between Cancer, Glyphosate

SAN FRANCISCO - Monsanto Co. on Oct. 6 moved in California federal court for dismissal of the multidistrict litigation related to the herbicide Roundup on grounds that the plaintiffs have not satisfied their burden to present expert testimony that is "scientifically reliable and relevant" and that is sufficient to prove general causation concerning whether glyphosate - the active ingredient in Roundup - is capable of causing cancer (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Asbestos-Talc Trial Against Johnson & Johnson Ends In Mistrial

LOS ANGELES - A California judge overseeing the first asbestos-tainted consumer talc case against Johnson & Johnson declared a mistrial Oct. 10 after the plaintiff made reference to the potential link between asbestos-free talc and ovarian cancer, sources told Mealey Publications (Tina Herford, et al. v. AT&T Corp., et al., No. BC646315, Calif. Super., Los Angeles Co.).

Mealey's Toxic Tort/Environmental - Monsanto: Roundup MDL Cases Fail For Lack Of Causation Between Cancer, Glyphosate

SAN FRANCISCO - Monsanto Co. on Oct. 6 moved in California federal court for dismissal of the multidistrict litigation related to the herbicide Roundup on grounds that the plaintiffs have not satisfied their burden to present expert testimony that is "scientifically reliable and relevant" and that is sufficient to prove general causation concerning whether glyphosate - the active ingredient in Roundup - is capable of causing cancer (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Mealey's Insurance - CIGA Appeals Judgment On Reimbursement Sought Against It For Workers' Comp Claims

LOS ANGELES - The California Insurance Guarantee Association (CIGA) on Oct. 9 cross-appealed to the Ninth Circuit U.S. Court of Appeals challenging a ruling vacating and setting aside reimbursement demands made to it under workers' compensation insurance policies (California Insurance Guarantee Association v. Don J. Wright, et al., No. 15-01113, C.D. Calif.).

Mealey's IP/Tech - California Magistrate Judge OKs Service By Publication In Copyright, Patent Case

SAN FRANCISCO - Citing an inability by a copyright, patent and trade dress infringement plaintiff to serve a copy of its complaint on two defendants, a California federal judge on Oct. 6 found "good cause" to allow service by publication (Rain Design Inc. v. Spinido Inc., et al., No. 17-3681, N.D. Calif., 2017 U.S. Dist. LEXIS 166415).

Mealey's Litigation Procedure - Yahoo, Plaintiffs To Brief On Impact Of 3 Billion User Announcement On Breach Suit

SAN JOSE, Calif. - Following an Oct. 3 disclosure by Yahoo Inc. that a 2013 data breach affected 3 billion, rather than 1 billion users, a California federal judge on Oct. 5 directed Yahoo and the plaintiffs in a consolidated class action over that and other breaches to provide input on how this latest announcement will impact the proceedings (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).

Mealey's Insurance - Judge Issues $3.2M Default Judgment In Favor Of Reinsurer In Fraudulent Transfer Dispute

SAN DIEGO - A California federal judge on Oct. 4 granted a reinsurer's request for a $3.2 million default judgment in a dispute 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 Antitrust/Unfair Competition - LinkedIn Tells 9th Circuit Analytics Firm's Bot Scraping Violates The CFAA

SAN FRANCISCO - In an Oct. 3 brief in the Ninth Circuit U.S. Court of Appeals, LinkedIn Corp. seeks reversal of a preliminary injunction preventing it from blocking a data analytics company from collecting and reusing its information, contending that it did not violate California's unfair competition law (UCL), while maintaining that the firm's bot-scraping activities violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

Mealey's IP/Tech - California Contract Lawsuit Won't Be Dismissed Because Of Texas Patent Case

SAN FRANCISCO - In an Oct. 5 order, a California federal judge denied a motion to dismiss breach of contract allegations levied by Yahoo! Inc. in favor of an earlier-filed patent infringement action pending in Texas federal court (Yahoo! Inc. v. MyMail Ltd., No. 16-7044, N.D. Calif., 2017 U.S. Dist. LEXIS 165642).

Mealey's IP/Tech - LinkedIn Tells 9th Circuit Analytics Firm's Bot Scraping Violates The CFAA

SAN FRANCISCO - In an Oct. 3 brief in the Ninth Circuit U.S. Court of Appeals, LinkedIn Corp. seeks reversal of a preliminary injunction preventing it from blocking a data analytics company from collecting and reusing its information, contending that it did not violate California's unfair competition law (UCL), while maintaining that the firm's bot-scraping activities violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

Mealey's Litigation Procedure - Judge Orders Consumer Alleging Injury Claims Against Nutribullet To Show Cause

LOS ANGELES - A California federal judge on Oct. 5 ordered a consumer who was allegedly injured while using a Nutribullet mixer to show cause as to why the court has jurisdiction to hear her claims for negligence, violation of California's unfair competition law (UCL) and other causes of action (Tiffany Burton, et al. v Nutribullet LLC, et al., No. 17-3358, C.D. Calif., 2017 U.S. Dist. LEXIS 165606).

Mealey's Banking & Finance - Judge Refuses To Stay TILA Action Pending Outcome Of Writ

SAN DIEGO - After finding that a borrower failed to show that he would likely succeed on the merits of his petition before an appeals court for review of an order denying his requests for discovery regarding his mortgage, a California federal judge on Oct. 4 refused to stay the case pending the outcome of the petition (Norman Shaw v. Bank of America, et al., No. 12-cv-1207, S.D. Calif., 2017 U.S. Dist. LEXIS 164794).