SAN JOSE, Calif. - On Jan. 31, Yahoo! Inc. sued its commercial general liability (CGL) provider in California federal court, alleging breach of contract and bad faith related to the insurer's decision not to defend or indemnify the internet firm in four class actions alleging privacy violations in certain email-scanning practices (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 5:17-cv-00489, N.D. Calif.).
SAN FRANCISCO - A policy's continuous or progressive injury exclusion bars coverage for two underlying suits filed against an insured because the insured's repair work to address the water intrusion problems was completed more than four years before the inception of the policy, a California federal judge said Jan. 31 (Saarman Construction Ltd. v. Ironshore Specialty Insurance Co., No. 15-3548, N.D. Calif., 2017 U.S. Dist. LEXIS 13633).
SACRAMENTO, Calif. - A California court on Feb. 1 affirmed a trial court's decision to dismiss numerous claims against several mortgage entities in relation to the assignment of a loan, finding that the borrowers failed to submit any cause of action to support the theories that they relied on (Andrew Kalnoki, et al. v. First American Trustee Servicing Solutions, LLC, et al., Nos. C073207, C075062, C079144, Calif. App., 3rd Dist., 2017 Cal. App. LEXIS 74).
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Jan. 31 issued a conditional transfer order sending four glyphosate injury cases to the multidistrict litigation in the U.S. District Court for the Northern District of California, adding still more cases in which the plaintiffs allege that their exposure to the Roundup herbicide caused them to develop non-Hodgkin lymphoma (NHL) (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).
SAN FRANCISCO - A former cheerleader for the San Francisco 49ers, identified only as Jane Doe, filed a lawsuit Jan. 31 in the U.S. District Court for the Northern District of California accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders while the salaries for the football players have "skyrocketed" (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif.).
SAN FRANCISCO - Efforts by a plaintiff to file an amended complaint to address an adverse claim construction ruling were rejected Jan. 30 by a California federal magistrate judge (VIA Technologies Inc. v. Asus Computer International, No. 14-3586, N.D. Calif., 2017 U.S. Dist. LEXIS 12614).
SAN FRANCISCO - A California federal judge on Jan. 30 denied a request for a preliminary injunction barring foreclosure of a property, finding that the owners of the house failed to show that they would likely succeed on the merits of the case (Stephen J. Millman, et al. v. Wilmington Savings Fund Society FSB, et al., No. 16-cv-07402, N.D. Calif., 2017 U.S. Dist. LEXIS 12593).
PASADENA, Calif. - After finding that a member of a gym expressly consented to receiving text messages and that he lacked standing to assert violations of California business and professions codes, the Ninth Circuit U.S. Court of Appeals on Jan. 30 affirmed a summary judgment ruling for the owners of the gym and its marketing firm (Bradley Van Patten v. Vertical Fitness Group LLC, et al., No. 14-55980, 9th Cir., 2017 U.S. App. LEXIS 1591).
SAN DIEGO - A California federal judge on Jan. 27 granted final approval of a nearly $4.6 million settlement to be paid by RBS Citizens N.A. to end a class complaint accusing the bank holding company of placing debt collections calls using an automated telephone dialing system or a prerecorded voice in violation of the Telephone Consumer Protection Act (TCPA) (Linda Sanders, et al. v. RBS Citizens, N.A., No. 13-3136, S.D. Calif., 2017 U.S. Dist. LEXIS 11860).
SAN JOSE, Calif. - Lead plaintiffs in a securities class action lawsuit against a medical device maker and certain of its executive officers have shown that they had "good cause" to request leave to amend their complaint because the information they seek to add to the amended complaint was not discovered until after the court-imposed deadline to amend pleadings, a federal judge in California ruled Jan. 25 (In re Intuitive Surgical Securities Litigation, No. 13-1920, N.D. Calif.; 2017 U.S. Dist. LEXIS 10716).
LOS ANGELES - A California appeals panel on Jan. 26 affirmed the exclusion of a plaintiff expert causation witness in a multiplaintiff Nexium bone injury case, saying the trial court properly found the expert was not an epidemiologist and properly granted summary judgment (Joelena Wilson, et al. v. McKesson Corp., et al., No. B266990, Calif. App., 2nd Dist., Div. 3).
LOS ANGELES - A California federal judge on Jan. 24 granted a borrower's motion to remand his lawsuit in which he asserted numerous causes of action against a lender related to the denial of a loan modification, finding that the court lacked jurisdiction (David L. Tripp II v. Nationstar Mortgage LLC, No. 8:16-cv-1414, C.D. Calif.; 2017 U.S. Dist. LEXIS 9922).
FRESNO, Calif. - A California appellate panel majority on Jan. 24 affirmed the grant of summary judgment to a doctor sued for medical malpractice, finding that the plaintiff filed his suit after the statute of limitations expired (Timothy Trimble v. Richard Fightlin M.D., No. F071493, Calif. App., 5th Dist.; 2017 Cal. App. Unpub. LEXIS 501).
SAN FRANCISCO - A California federal judge on Jan. 24 dismissed proposed class action claims for violation of California's unfair competition law (UCL) and other claims, finding that a consumer failed to show that she purchased prawns from a retailer that were provided by two food product companies that produced the prawns using illegal labor practices (Monica Sud, et al. v. Costco Wholesale Corporation, et al., No. 15-cv-03783, N.D. Calif.; 2017 U.S. Dist. LEXIS 9943).
LOS ANGELES - A federal judge in California in Jan. 23 dismissed with prejudice a proposed class action lawsuit seeking damages under the Right of Repair Act (RORA) and the California Consumer Legal Remedies Act (CLRA) over allegedly defective air conditioning units manufactured by Daikin Industries Ltd., finding that the plaintiffs' claims failed because they did not involve the installation of the units (Joanna Park-Kim, et al. v. Daikin Industries, Ltd., et al., No. 15-cv-9523-CAS, C.D. Calif.; 2017 U.S. Dist. LEXIS 10454).
SANTA ANA, Calif. - A California water district filed a brief in California federal court on Jan. 25 defending the qualifications of one of its experts to testify in a groundwater contamination case involving methyl tertiary butyl ether (MTBE). The water district also contends in a separate brief that its claim for $34 million in damages "will be amply supported" by the testimony provided (Orange County Water District v. Unocal Corporation, et al., No. 03-1742, C.D. Calif.).
SAN FRANCISCO - Dismissal of an investor's amended complaint in a shareholder derivative lawsuit against members of the board of directors of an electronics company is proper because the investor failed to plead any material misrepresentations, scienter or loss causation, a federal judge in California ruled Jan. 23 in granting the defendants' motion to dismiss (Pete J. Manger v. LeapFrog Enterprises Inc., et al., No. 16-1161, N.D. Calif.; 2017 U.S. Dist. LEXIS 9184).