LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).

Mealey's Data Privacy - Verizon Users Say 'Zombie' Cookie Use Was Deceptive, Impaired Devices

OAKLAND, Calif. - A marketing firm that deployed "zombie" cookies on the mobile devices of Verizon Wireless users violated New York consumer law, two wireless users argue in a June 13 brief in California federal court, claiming trespass and opposing the defendant's motion to dismiss (Anthony Henson, et al. v. Turn Inc., No. 4:15-cv-01497, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Consumer Claims Lender Violated UCL By Preventing Her From Making Online Payment

SAN FRANCISCO - A purchaser of a vehicle who alleges that a lender made it impossible for her to make online payments and caused her to have a decreased credit score sued the lender on June 13 in a California state court, asserting causes of action for violation of the state unfair competition law (UCL) and breach of contract (Madeleine I. Turskey v. Ally Financial Inc., No. 18 -567229, Calif. Super., San Francisco Co.).

Mealey's Securities/D&O Liability - Investor Sues To Halt Merger Deal Vote Until Company Provides Needed Information

SAN FRANCISCO - A shareholder on June 13 sued an investment adviser and its board of directors in California federal court, seeking to halt the company's proposed merger deal with a financial planning firm until information necessary for shareholders to vote on the proposed deal is disclosed (Jerry Rubenstein v. Financial Engines Inc., et al., No. 18-3542, N.D. Calif.).

Mealey's Bankruptcy - Kaiser Gypsum Stay Lifted So Claimant Can Collect Asbestos Judgment

CHARLOTTE, N.C. - An asbestos judgment winner can proceed with her appeal in a California court to recover more than $360,000 from Chapter 11 debtor Kaiser Gypsum Co., despite objections by the company and its primary insurer, a North Carolina federal bankruptcy judge ruled June 14 in a minute order lifting the automatic bankruptcy stay (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).

Mealey's Toxic Tort/Environmental - Monsanto: Supplemental Ruling Supports Summary Judgment In Roundup MDL

SAN FRANCISCO - Monsanto Co. filed a notice of supplemental authority in California federal court on June 12 that it contends supports its motion for summary judgment based on a failure of general causation proof in the multidistrict litigation for Roundup (In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).

Mealey's Toxic Tort/Environmental - California Attorney General's Motion To Alter Glyphosate Warning Fails, Judge Says

SACRAMENTO, Calif. - A federal judge in California on June 12 denied a motion by the California attorney general that sought to amend a ruling issued by the court in February that enjoined the state of California from requiring companies to issue a warning regarding glyphosate (National Association of Wheat Growers, et al. v. Lauren Zeise, et al., No. 17-2401, E.D. Calif.).

Mealey's Labor & Employment - Interlocutory Appeal Granted To Decide Personal Jurisdiction Class Dispute

WASHINGTON, D.C. - A District of Columbia federal judge on June 11 granted a motion to certify for interlocutory appeal a March order to allow the District of Columbia Circuit U.S. Court of Appeals to rule on whether the jurisdictional limits outlined in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), extend to unnamed, nonresident members of a putative nationwide class in federal court (Michael Molock, et al. v. Whole Foods Market Group, Inc., No. 16-2483, D. D.C., 2018 U.S. Dist. LEXIS 97428).

Mealey's Antitrust/Unfair Competition - Judge Denies Most Of Bank's Motion To Dismiss Foreclosure-Related Claims

SAN FRANCISCO - A California federal judge on June 11 granted a bank's motion to dismiss a borrower's claim for violation of California's unfair competition law (UCL) for failure to state a claim, but allowed most of her claims to proceed, including a cause of action for breach of California's Homeowners Bill of Rights (HBOR) (Ursula Ogamba v. Wells Fargo Bank, N.A., No. 2:17-cv-01754, E.D. Calif., 2018 U.S. Dist. LEXIS 97803).

Mealey's IP/Tech - Attorney's Deposition Partly Compelled In Suit Over Water Ride Patent

SAN DIEGO - A California federal magistrate judge on June 8 found that a patent owner's counsel did not waive attorney-client privilege regarding certain proceedings before the U.S. Patent and Trademark Office (PTO) over a water park ride patent, partly denying a motion to compel his deposition but granting the defendant's motion related to nonprivileged communications and requests for production (RFPs) (Whitewater West Industries Ltd. v. Pacific Surf Designs Inc., et al., No. 3:17-cv-01118, S.D. Calif., 2018 U.S. Dist. LEXIS 96970).

Mealey's Banking & Finance - Judge Denies Most Of Bank's Motion To Dismiss Foreclosure-Related Claims

SAN FRANCISCO - A California federal judge on June 11 granted a bank's motion to dismiss a borrower's claim for violation of California's unfair competition law (UCL) for failure to state a claim, but allowed most of her claims to proceed, including a cause of action for breach of California's Homeowners Bill of Rights (HBOR) (Ursula Ogamba v. Wells Fargo Bank, N.A., No. 2:17-cv-01754, E.D. Calif., 2018 U.S. Dist. LEXIS 97803).

Mealey's Litigation Procedure - Attorney's Deposition Partly Compelled In Suit Over Water Ride Patent

SAN DIEGO - A California federal magistrate judge on June 8 found that a patent owner's counsel did not waive attorney-client privilege regarding certain proceedings before the U.S. Patent and Trademark Office (PTO) over a water park ride patent, partly denying a motion to compel his deposition but granting the defendant's motion related to nonprivileged communications and requests for production (RFPs) (Whitewater West Industries Ltd. v. Pacific Surf Designs Inc., et al., No. 3:17-cv-01118, S.D. Calif., 2018 U.S. Dist. LEXIS 96970).

Mealey's Securities/D&O Liability - Securities Fraud Claims Survive Attempts At Dismissal In Class Action

LOS ANGELES - In a June 7 order, a federal judge in California denied motions to dismiss in a securities class action lawsuit against social media company Snap Inc., certain of its senior executives and directors and underwriters of the company's initial public offering (IPO), ruling that shareholders properly pleaded a material misrepresentation or omission and scienter, as well as damages, in making their federal securities law claims (In re Snap Inc. Securities Litigation, No. 17-3679, C.D. Calif., 2018 U.S. Dist. LEXIS 97704).

Mealey's Antitrust/Unfair Competition - Judge Holds UCL, TCPA Claims Against Bank Must Be Arbitrated

SAN DIEGO - After finding that a consumer's claims for unlawful conduct against a bank in violation of California's unfair competition law (UCL) and other laws were directed only at him and not the public at large, a California federal judge on June 11 held that the causes of action were subject to arbitration and granted the bank's motion to compel (Jesse Croucier v. Credit One Bank, N.A., et al., No. 18cv20, S.D. Calif., 2018 U.S. Dist. LEXIS 97756).

Mealey's Insurance - Landscaper: Reinsurer's Service Of Suit Over Arbitration Award Was Defective

LOS ANGELES - A landscape company says in its June 10 reply brief to a California federal court that service of suit was defective regarding a reinsurer's petition seeking confirmation of a $82,130.44 arbitration award (Applied Underwriters Captive Risk Assurance Company Inc. v. O'Connell Landscape Maintenance Inc., No. 18-00683, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Magistrate Judge Dismisses UCL, HBOR Claims Against Wells Fargo

SAN FRANCISCO - A California federal magistrate judge on June 7 dismissed a borrower's claims for violation of the California Homeowners Bill of Rights (HBOR) and California's unfair competition law (UCL) with leave to amend, holding that she failed to plead sufficient facts to show that a lender violated the laws in relation to a loan modification (Julie Galvez v. Wells Fargo Bank, N.A., et al., No. 17-cv-06003, N.D. Calif., 2018 U.S. Dist. LEXIS 96300).

Mealey's Health Law - Judge Denies General Practitioner's Motion To Vacate Fraud Conviction

SAN JOSE, Calif. - A federal judge in California on June 8 denied a general practitioner's motion for acquittal on charges of health care fraud, finding that the spreadsheets and explanation of benefit (EOB) documents presented by the government constituted sufficient evidence showing that the doctor submitted fraudulent claims to insurance companies (United States of America v. Vilasini Ganesh, et al., No. 16cr00211, N.D. Calif., 2018 U.S. Dist. LEXIS 97028).

Mealey's IP/Tech - Data Analytics Firm Says Ticketmaster Ruling Does Not Affect CFAA Case

SAN FRANCISCO - In a June 6 response brief, a data analytics firm tells the Ninth Circuit U.S. Court of Appeals that a recent California federal court ruling in favor of Ticketmaster LLC is not applicable to the present appeal regarding access under the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

Mealey's Banking & Finance - Magistrate Judge Dismisses UCL, HBOR Claims Against Wells Fargo

SAN FRANCISCO - A California federal magistrate judge on June 7 dismissed a borrower's claims for violation of the California Homeowners Bill of Rights (HBOR) and California's unfair competition law (UCL) with leave to amend, holding that she failed to plead sufficient facts to show that a lender violated the laws in relation to a loan modification (Julie Galvez v. Wells Fargo Bank, N.A., et al., No. 17-cv-06003, N.D. Calif., 2018 U.S. Dist. LEXIS 96300).

Mealey's IP/Tech - Settlement In Principle Reached In Long-Running YouTube Fair Use Case

OAKLAND, Calif. - One year after a YouTube user was denied certiorari on questions of fair use and good faith surrounding the takedown provisions of the Digital Millennium Copyright Act (DMCA), a California federal magistrate judge announced in a June 6 minute entry that the parties in the 11-year old case had "reached in principle" a settlement of the remaining issues (Stephanie Lenz v. Universal Music Corp., et al., No. 4:07-cv-03783, N.D. Calif.).

Mealey's Insurance - Judge Denies General Practitioner's Motion To Vacate Fraud Conviction

SAN JOSE, Calif. - A federal judge in California on June 8 denied a general practitioner's motion for acquittal on charges of health care fraud, finding that the spreadsheets and explanation of benefit (EOB) documents presented by the government constituted sufficient evidence showing that the doctor submitted fraudulent claims to insurance companies (United States of America v. Vilasini Ganesh, et al., No. 16cr00211, N.D. Calif., 2018 U.S. Dist. LEXIS 97028).

Mealey's Antitrust/Unfair Competition - Judge Allows UCL, Warranty Claims Over Single-Serve Coffee Filters To Proceed

SAN DIEGO - A California federal judge on June 5 refused to dismiss claims for violation of California's unfair competition law (UCL) and breach of warranty asserted by a consumer who alleges that a coffee filter's label was misleading, finding that she pleaded sufficient allegations in support of her claims against the seller and maker of the filter (Gina Beckman v. Wal-Mart Stores Inc., et al., No. 17-cv-02249, S.D. Calif., 2018 U.S. Dist. LEXIS 95414).

Mealey's Insurance - Reinsurer: Motion To Dismiss Suit Over Arbitration Award Is Improper

LOS ANGELES - In a dispute seeking confirmation of a $82,130.44 arbitration award, a reinsurer argues in a June 4 motion in California federal court that a landscape company's motion to dismiss is "procedurally and substantively improper" (Applied Underwriters Captive Risk Assurance Company Inc. v. O'Connell Landscape Maintenance Inc., No. 18-00683, C.D. Calif.).

Mealey's Litigation Procedure - JPMDL Centralizes Facebook Data-Sharing Suits In California Federal Court

WASHINGTON, D.C. - A growing list of class actions against Facebook Inc. over the sharing of millions of social network users' personal data by a third-party app developer will be centralized in California federal court, the U.S. Judicial Panel for Multidistrict Litigation (JPMDL) ruled June 6, granting a motion to transfer by two of the plaintiffs (In re Facebook Inc., Consumer Privacy User Profile Litigation, No. 2843, JPMDL).

Mealey's Labor & Employment - Court: UCL Claim Escapes ERISA Preemption, But Not Summary Judgment

LOS ANGELES - Intentional tort claims escape ERISA preemption, but the failure to allege that insurance defendants denied payments specifically to assist a competing provider dooms a chiropractic care provider's unfair competition law (UCL) claim, a California appeals court held in an opinion published June 1 (Port Medical Wellness Inc. v. Connecticut General Life Insurance Co., et al., No. B275874, Calif. App., 2nd Dist.).