LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - California Court Affirms Order Denying Fees In Health Privacy Case

SACRAMENTO, Calif. - A California appeals panel on June 9 affirmed a trial court's ruling that a patient, who alleged that a health care provider violated her privacy when it submitted her private health records as exhibits to a complaint in a debt collection action, did not err when it refused to award her fees because she could not show a probability of prevailing on her claims for violation of California's unfair competition law (UCL) and other causes of action (Kathleen Leonard v. Retailer's Credit Association of Grass Valley, Inc., No. C079880, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 3949).

Mealey's Toxic Tort/Environmental - Panel Reverses, Remands MTBE Case; Requirements Of Res Judicata Not Met

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on June 12 vacated and remanded a summary judgment ruling in a groundwater contamination lawsuit brought by a California water district against oil and gasoline companies on grounds that a district court's res judicata ruling was not appropriate because privity was not established (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation: Orange County Water District v. Texaco Refining and Marketing Inc. n/ka TMR Company, No. 15-3934, 2nd Cir., 2017 U.S. App. LEXIS 10412).

Mealey's PI/Product Liability - Court Affirms Denial Of Motion To Seal Confidential Asbestos Memo

LOS ANGELES - A company's failure to try to contain a memo containing confidential attorney-client advice for more than three years, even as it went "viral" in asbestos litigation, warrants denying a motion to seal, a California appeals court held June 8 (Elaine Margie Paulus, et al. v. J-M Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist.).

Mealey's PI/Product Liability - Court: Asbestos Sales For Pipe Sold In Washington Don't Create Jurisdiction

SEATTLE - A broker's sales of asbestos to a California company selling pipe in Washington state do not create specific jurisdiction, but on remand the trial court should consider recently revealed evidence and precedent in deciding that the state had jurisdiction, a majority of the Washington State Supreme Court held June 8 (Candance Noll, et al. v. American Biltrite Inc., et al., No. 91998-4, Wash. Sup.).

Mealey's Insurance - Magistrate Judge Grants Voluntary Dismissal Of FDIC Suit Against Insolvent Insurer

FRESNO, Calif. - A California federal magistrate judge on June 8 granted the voluntary dismissal of a coverage lawsuit between the Federal Deposit Insurance Corp., as assignee of certain claims by a failed bank, and an insolvent insurer's receiver (Thomas T. Hawker, et al. v. John D. Doak, insurance commissioner as receiver for Red Rock Insurance Co. f/k/a BancInsure Inc., No. 12-1261 E.D. Calif., 2017 U.S. Dist. LEXIS 88319).

Mealey's Antitrust/Unfair Competition - Judge Asks FDA To Review Whether Almond Milk Packaging Is Misleading

FRESNO, Calif. - A California federal judge on June 6 stayed a consumer's claims for violation of California's unfair competition law (UCL) and for false advertising, referring the issue of whether the maker of Silk Almondmilk made misleading statements on its packaging about the ingredients of the milk to the Food and Drug Administration for review (Melanie Kelley v. WWF Operating Company, No. 1:17-cv-117, E.D. Calif., 2017 U.S. Dist. LEXIS 86971).

Mealey's Toxic Tort/Environmental - Court Affirms Denial Of Motion To Seal Confidential Asbestos Memo

LOS ANGELES - A company's failure to try to contain a memo containing confidential attorney-client advice for more than three years, even as it went "viral" in asbestos litigation, warrants denying a motion to seal, a California appeals court held June 8 (Elaine Margie Paulus, et al. v. J-M Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist.).

Mealey's Toxic Tort/Environmental - Court: Asbestos Sales For Pipe Sold In Washington Don't Create Jurisdiction

SEATTLE - A broker's sales of asbestos to a California company selling pipe in Washington state do not create specific jurisdiction, but on remand the trial court should consider recently revealed evidence and precedent in deciding that the state had jurisdiction, a majority of the Washington State Supreme Court held June 8 (Candance Noll, et al. v. American Biltrite Inc., et al., No. 91998-4, Wash. Sup.).

Mealey's Insurance - California Federal Judge: Disability Insurer Failed To Properly Weigh All Evidence

SAN JOSE, Calif. - A California federal judge on June 5 reversed a disability insurer's termination of long-term disability (LTD) benefits after determining that the insurer failed to properly consider the reports of the claimant's treating physicians when it found that the claimant was not disabled from the duties of her regular occupation (Lisa Gallegos v. The Prudential Insurance Company of America, No. 16-1268, N.D. Calif., 2017 U.S. Dist. LEXIS 86123).

Mealey's PI/Product Liability - Commercial Products Fall Under Government Contractor Defense, Court Says

SAN FRANCISCO - The government contractor defense applies to commercial products, a California appeals court panel affirmed June 6 in refusing to revisit a previous finding in an asbestos case (Jay Wanlass v. Metalclad Insulation Corp., No. A143616, Calif. App., 1st Dist.).

Mealey's PI/Product Liability - Court Finds Employer Had Duty To Prevent Take-Home Asbestos Exposures

LOS ANGELES - Employers and premises owners are liable for foreseeable take-home asbestos exposures under recent California Supreme Court precedent, a state appeals court held June 5 in reversing its previous ruling (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist., Div. 3).

Mealey's Toxic Tort/Environmental - Commercial Products Fall Under Government Contractor Defense, Court Says

SAN FRANCISCO - The government contractor defense applies to commercial products, a California appeals court panel affirmed June 6 in refusing to revisit a previous finding in an asbestos case (Jay Wanlass v. Metalclad Insulation Corp., No. A143616, Calif. App., 1st Dist.).

Mealey's Antitrust/Unfair Competition - California Court Affirms $6.8M Penalty Imposed On Overstock For Inflated Pricing

SAN FRANCISCO - A California appeals court on June 2 affirmed a trial court's decision to impose $6,828,000 in civil penalties against an online retailer after determining that it violated California's unfair competition law (UCL) and false advertising law (FAL) when it made untrue and misleading statements about pricing, finding that the trial court's penalty was not constitutionally disproportionate (The People v. Overstock.com Inc., No. A141613, Calif. App., 1st Dist., Div. 4, 2017 Cal. App. LEXIS 506).

Mealey's Toxic Tort/Environmental - Court Finds Employer Had Duty To Prevent Take-Home Asbestos Exposures

LOS ANGELES - Employers and premises owners are liable for foreseeable take-home asbestos exposures under recent California Supreme Court precedent, a state appeals court held June 5 in reversing its previous ruling (Wanda L. Beckering v. Shell Oil Co., No. B256407, Calif. App., 2nd Dist., Div. 3).

Mealey's Litigation Procedure - Click Fraud Class Complaint Over Google AdWords Program Dismissed

SAN JOSE, Calif. - A small business owner that alleged fraud and misrepresentation by Google Inc. due to click fraud associated with its AdWords program saw his putative class complaint dismissed June 2 by a California federal judge who found a lack of facts to support the plaintiff's unfair competition and false advertising claims (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.; 2017 U.S. Dist. LEXIS 85196).

Mealey's Antitrust/Unfair Competition - Click Fraud Class Complaint Over Google AdWords Program Dismissed

SAN JOSE, Calif. - A small business owner that alleged fraud and misrepresentation by Google Inc. due to click fraud associated with its AdWords program saw his putative class complaint dismissed June 2 by a California federal judge who found a lack of facts to support the plaintiff's unfair competition and false advertising claims (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.; 2017 U.S. Dist. LEXIS 85196).

Mealey's IP/Tech - Click Fraud Class Complaint Over Google AdWords Program Dismissed

SAN JOSE, Calif. - A small business owner that alleged fraud and misrepresentation by Google Inc. due to click fraud associated with its AdWords program saw his putative class complaint dismissed June 2 by a California federal judge who found a lack of facts to support the plaintiff's unfair competition and false advertising claims (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.; 2017 U.S. Dist. LEXIS 85196).

Mealey's Insurance - Magistrate Dismisses Yahoo's Suit Seeking Coverage For TCPA Class Action Claims

SAN JOSE, Calif. - A California federal magistrate on June 2 granted a commercial general liability insurer's motion to dismiss Yahoo! Inc.'s breach of contract lawsuit seeking coverage for underlying class action allegations that it violated the Telephone Consumer Protection Act (TCPA) by transmitting unsolicited text messages (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 17-00447, N.D. Calif., 2017 U.S. Dist. LEXIS 85200).

Mealey's Toxic Tort/Environmental - Panel Partially Reverses, Says Groundwater Claim Valid Against Northrop Grumman

SAN DIEGO - A California appeals panel on June 1 reversed a ruling on groundwater contamination liability and concluded that it was "undisputed" that manufacturing sites operated by Northrop Grumman Systems Corp. contributed to groundwater contamination in a lawsuit brought against multiple defendants by a California municipal water authority (Orange County Water District v. Alcoa Global Fasteners Inc., et al., No. D070771, Calif. App, 4th Dist., Div. 1; 2017 Cal. App. LEXIS 503).

Mealey's Insurance - California Panel Reverses Ruling In Lawsuit Alleging Clam Under Elder Abuse Act

SAN FRANCISCO - A California appeals panel held June 2 that a first amended complaint sufficiently alleges "deprivation" of "the property of an elder" pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, 42 U.S. Code Section 3058(i), 42 U.S.C. 3058i, reversing and remanding a lower court (Frederick Mahan, et al. v. Charles W. Chan Insurance Agency, Inc., et al., No. A147236. Calif. App., 1st Dist., 2017 Cal. App. LEXIS 507).

Mealey's Insurance - FDIC, Insolvent Insurer Seek Joint Dismissal Of Negligence Dispute

LOS ANGELES - Following an appeal that saw a reversal of summary judgment on negligence claims, the Federal Deposit Insurance Corp., as receiver for a failed bank, and an insolvent insurer on May 30 submitted to a California federal court a joint stipulation asking for dismissal of a dispute over directors and officers liability coverage (Federal Deposit Insurance Corp., as receiver for Security Pacific Bank v. BancInsure Inc., No. 12-9882, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Allow Amendment, Denies Reinstatement Of Fraud Claim

SACRAMENTO, Calif. - A California federal judge on May 30 denied a borrower's motion to file an amended complaint to add a new lender as a defendant and to reinstate previously dismissed claims for fraud and misrepresentation, finding that he failed to submit any new information warranting amendment (Frank Malifrando v. Real Time Resolutions Inc., et al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 91739).

Mealey's Litigation Procedure - For-Profit College To Pay $2.25M To Settle Securities Fraud Claims

LOS ANGELES - A for-profit secondary education company and certain of its current and former executive officers have agreed to pay $2.25 million to settle claims that the company concealed its failure to comply with federal student loan funds usage requirements in violation of federal securities laws, according to documents filed in California federal court on May 26 (Jimmy Elias Karam v. Corinthian Colleges Inc., et al., No. 10-6523, C.D. Calif.).

Mealey's Litigation Procedure - Judge Dismisses Class Action Claims Against Maker Of Cheez-It Crackers

CENTRAL ISLIP, N.Y. - After finding that Kellogg Co. did not deceive consumers regarding the amount of whole grain in its crackers, a New York federal judge on May 31 granted the company's motion to dismiss a class action against it in which the purchasers asserted causes of action for violation of California and New York consumer protection laws (Kristen Mantikas, et al. v. Kellogg Co., No. 16-cv-2552, E.D. N.Y., 2017 U.S. Dist. LEXIS 83311).

Mealey's Banking & Finance - Judge Refuses To Allow Amendment, Denies Reinstatement Of Fraud Claim

SACRAMENTO, Calif. - A California federal judge on May 30 denied a borrower's motion to file an amended complaint to add a new lender as a defendant and to reinstate previously dismissed claims for fraud and misrepresentation, finding that he failed to submit any new information warranting amendment (Frank Malifrando v. Real Time Resolutions Inc., et al., No. 2:16-cv-0223, E.D. Calif.; 2016 U.S. Dist. LEXIS 91739).