LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Intuit Seeks Partial Dismissal Of Suit Over Fraudulent Filings

SAN JOSE, Calif. - In a Dec. 15 motion, Intuit Inc. asks a California federal court to again dismiss negligence and aiding and abetting claims brought against it related to incidents of fraudulent tax return filings, arguing that the plaintiffs did not establish any liability for the criminal activities of third parties (In re Intuit Data Litigation, No. 5:15-cv-01778, N.D. Calif.).

Mealey's Insurance - Federal Judge: Fusion Surgery Preauthorization Waived Insurer's Later Denial

LOS ANGELES - A health insurer waived the right to deny coverage for vertebrate fusion surgery as experimental when it preauthorized the procedure, albeit with a different device, a federal judge in California held Dec. 12, entering judgment for the plaintiff on her Employee Retirement Income Security Act claims (Aubrey Cohorst v. Anthem Health Plans of Kentucky Inc., No. 16-7925, C.D. Calif., 2017 U.S. Dist. LEXIS 204362).

Mealey's Health Law - Federal Judge: Fusion Surgery Preauthorization Waived Insurer's Later Denial

LOS ANGELES - A health insurer waived the right to deny coverage for vertebrate fusion surgery as experimental when it preauthorized the procedure, albeit with a different device, a federal judge in California held Dec. 12, entering judgment for the plaintiff on her Employee Retirement Income Security Act claims (Aubrey Cohorst v. Anthem Health Plans of Kentucky Inc., No. 16-7925, C.D. Calif., 2017 U.S. Dist. LEXIS 204362).

Mealey's Antitrust/Unfair Competition - On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).

Mealey's Labor & Employment - California Panel Reverses Dismissal Of City's UCL Claims Against Contractors

LOS ANGELES - After finding that the city of Los Angeles' claims that a company and its owner conspired with subcontractors to pay employees wages less than the prevailing rate while working on a construction project were sufficient to support a claim for violation of California's unfair competition law (UCL), a state appellate panel on Dec. 12 reversed the trial court's ruling sustaining demurrers as to the city's claims against them (The People v. Mackone Development, et al., No. B268991, Calif. App., 2nd Dist., Div. 7, 2017 Cal. App. Unpub. LEXIS 8463).

Mealey's Banking & Finance - Judge Refuses To Enter Injunction Barring Property Foreclosure By Banks

SAN FRANCISCO - After finding no evidence to support a borrower's allegations regarding the chain of title of her mortgage, a California federal judge on Dec. 14 refused to grant a preliminary injunction enjoining a trust and lenders from foreclosing on her home (Mahsti Kashef v. Wells Fargo Bank, N.A., et al., No. 17-cv-06576, N.D. Calif., 2017 U.S. Dist. LEXIS 206001).

Mealey's Labor & Employment - Federal Judge: Fusion Surgery Preauthorization Waived Insurer's Later Denial

LOS ANGELES - A health insurer waived the right to deny coverage for vertebrate fusion surgery as experimental when it preauthorized the procedure, albeit with a different device, a federal judge in California held Dec. 12, entering judgment for the plaintiff on her Employee Retirement Income Security Act claims (Aubrey Cohorst v. Anthem Health Plans of Kentucky Inc., No. 16-7925, C.D. Calif., 2017 U.S. Dist. LEXIS 204362).

Mealey's Antitrust/Unfair Competition - California Panel Reverses Dismissal Of City's UCL Claims Against Contractors

LOS ANGELES - After finding that the city of Los Angeles' claims that a company and its owner conspired with subcontractors to pay employees wages less than the prevailing rate while working on a construction project were sufficient to support a claim for violation of California's unfair competition law (UCL), a state appellate panel on Dec. 12 reversed the trial court's ruling sustaining demurrers as to the city's claims against them (The People v. Mackone Development, et al., No. B268991, Calif. App., 2nd Dist., Div. 7, 2017 Cal. App. Unpub. LEXIS 8463).

Mealey's IP/Tech - On Remand, Federal Circuit Rules Unfair Competition Claim Preempted By BPCIA

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 14 deemed allegations by a drug maker that a competitor violated California's unfair competition law (UCL), Calif. Bus. & Prof. Code 17200 et seq., preempted by the Biologics Price Competition and Innovation Act of 2009 (BPCIA), 42 U.S.C. 262, 35 U.S.C. 271(e), 28 U.S.C. 2201(b), 21 U.S.C. 355 et seq. (Amgen Inc. v. Sandoz Inc., No. 15-1499, Fed. Cir.).

Mealey's PI/Product Liability - California Jury Adds $4.6M In Punitive Damages To $17.5M Asbestos-Talc Verdict

OAKLAND, Calif. - A California jury on Dec. 11 added $4.6 million in punitive damages after finding two talc companies liable for $17.5 million in compensatory damages for a man's asbestos-related mesothelioma (Booker v. Vanderbilt Minerals, No. RG15796166, Calif. Super., Alameda Co.).

Mealey's Banking & Finance - Panel Finds Court Erred In Dismissing Elder Abuse Claims Against Lenders

SAN FRANCISCO - After finding that the widow of a borrower, who obtained a reverse mortgage on a property that was later foreclosed on, sufficiently pleaded her claims for elder abuse and breach of contract, a California appeals court on Dec. 11 reversed a trial court's decision dismissing her claims against two lenders (Mary Aden v. OneWest Bank, N.A., et al., No. A146242, Calif. App., 1st Dist., Div. 3).

Mealey's IP/Tech - 9th Circuit Upholds Fee Award In Favor Of Copyright Defendants

SAN FRANCISCO - Two sons of the late concert promoter Bill Graham were properly ordered by a California federal judge to reimburse the attorney fees incurred by four copyright infringement defendants, the Ninth Circuit U.S. Court of Appeals ruled Dec. 13 (Alexander Graham-Sult, et al., v. Nicholas Clainos, et al., Nos. 15-17204, 16-16768, - 17083, 9th Cir., 2017 U.S. App. LEXIS 25187).

Mealey's Toxic Tort/Environmental - California Jury Adds $4.6M In Punitive Damages To $17.5M Asbestos-Talc Verdict

OAKLAND, Calif. - A California jury on Dec. 11 added $4.6 million in punitive damages after finding two talc companies liable for $17.5 million in compensatory damages for a man's asbestos-related mesothelioma (Booker v. Vanderbilt Minerals, No. RG15796166, Calif. Super., Alameda Co.).

Mealey's Antitrust/Unfair Competition - LinkedIn, Analytics Firm Debate CFAA, UCL Principles In 9th Circuit Briefs

SAN FRANCISCO - In a Dec. 11 reply brief seeking reversal of an injunction preventing it from blocking a data analytics firm from scraping user information from its site, LinkedIn Corp. tells the Ninth Circuit U.S. Court of Appeals that the plaintiff's activities violated the Computer Fraud and Abuse Act (CFAA), while contending that its blocking measures do not violate California's unfair competition law (UCL) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

Mealey's Labor & Employment - Class Certification, But No Tolling In Sephora Workers' Wage Suit

SAN FRANCISCO - A California federal judge on Dec. 8 granted a motion for conditional certification of a Fair Labor Standards Act (FLSA) claim brought by current and former employees of Sephora USA Inc. but denied the plaintiffs' request for equitable tolling (Lacey Hernandez, et al. v. Sephora USA, Inc., No. 16-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 203452).

Mealey's Labor & Employment - Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris

LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016), certiorari granted, Ernst & Young, LLP v. Morris, 137 S. Ct. 809 (2017) (Jener Da Silva v. Darden Restaurants, Inc., et al., No. 17-5663, C.D. Calif., 2017 U.S. Dist. LEXIS 203437).

Mealey's Litigation Procedure - Judge Orders Parties To Provide Additional Information On UCL, Fraud Damages

SAN FRANCISCO - A California federal judge on Dec. 12 refused to remand a consumer's claims for violation of California's unfair competition law (UCL) and fraud against a rental car service until the parties can conduct additional discovery on whether the case meets the federal amount-in-controversy requirement for a class action (Jian-Ming "Scott" Zhao v. RelayRides Inc., et al., No. 17-cv-04099, N.D. Calif., 2017 U.S. Dist. LEXIS 204415).

Mealey's IP/Tech - LinkedIn, Analytics Firm Debate CFAA, UCL Principles In 9th Circuit Briefs

SAN FRANCISCO - In a Dec. 11 reply brief seeking reversal of an injunction preventing it from blocking a data analytics firm from scraping user information from its site, LinkedIn Corp. tells the Ninth Circuit U.S. Court of Appeals that the plaintiff's activities violated the Computer Fraud and Abuse Act (CFAA), while contending that its blocking measures do not violate California's unfair competition law (UCL) (hiQ Labs Inc. v. LinkedIn Corp., No. 17-16783, 9th Cir.).

Mealey's Litigation Procedure - Class Certification, But No Tolling In Sephora Workers' Wage Suit

SAN FRANCISCO - A California federal judge on Dec. 8 granted a motion for conditional certification of a Fair Labor Standards Act (FLSA) claim brought by current and former employees of Sephora USA Inc. but denied the plaintiffs' request for equitable tolling (Lacey Hernandez, et al. v. Sephora USA, Inc., No. 16-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 203452).

Mealey's Insurance - Court To Divine If Catholic Group Intervenes In ACA Contraceptive Mandate Suit

SAN FRANCISCO - A religious group told a federal judge in California on Dec. 11 that it should be allowed to intervene in an action challenging new rules governing exemptions to the Patient Protection and Affordable Care Act (ACA) contraceptive mandate, saying that while the states give lip service to protecting religious beliefs, the reality is much more stark (State of California, et al. v. Don J. Wright, et al., No. 17-5783, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Orders Parties To Provide Additional Information On UCL, Fraud Damages

SAN FRANCISCO - A California federal judge on Dec. 12 refused to remand a consumer's claims for violation of California's unfair competition law (UCL) and fraud against a rental car service until the parties can conduct additional discovery on whether the case meets the federal amount-in-controversy requirement for a class action (Jian-Ming "Scott" Zhao v. RelayRides Inc., et al., No. 17-cv-04099, N.D. Calif., 2017 U.S. Dist. LEXIS 204415).

Mealey's IP/Tech - 9th Circuit Affirms: Subaru Did Not Infringe Copyright, Trademarks

SAN FRANCISCO - In a Dec. 12 ruling decided without oral argument, the Ninth Circuit U.S. Court of Appeals upheld a California federal judge's dismissal of copyright and trademark infringement allegations stemming from Subaru of America Inc.'s use of "Share the Love" as a slogan in television advertisements (Marilyn Mintz v. Subaru of America Inc., No. 16-3384, 9th Cir.).

Mealey's Toxic Tort/Environmental - Group's Presuit Notification Was Sufficient In Suit Over Discharges, Judge Rules

SAN DIEGO - A federal judge in California on Dec. 8 refused to dismiss an environmental group's Clean Water Act lawsuit against the operator of a salvage yard, finding that the group's presuit notification was sufficient and that it adequately alleged that the defendant is failing to comply with its National Pollutant Discharge Elimination System (NPDES) permit for storm water discharges (Coastal Environmental Rights Foundation v. American Recycling International Inc., No. 17-cv-00425-BAS-JMA, S.D. Calif., 2017 U.S. Dist. LEXIS 202649).

Mealey's Litigation Procedure - Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris

LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016), certiorari granted, Ernst & Young, LLP v. Morris, 137 S. Ct. 809 (2017) (Jener Da Silva v. Darden Restaurants, Inc., et al., No. 17-5663, C.D. Calif., 2017 U.S. Dist. LEXIS 203437).

Mealey's Labor & Employment - 9th Circuit: Wage Class Should Be Certified, Notice Of Violation Was Given

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 7 reversed the denial of class certification in a wage-and-hour complaint, finding that the pleadings provided sufficient notice to the employer of violations of California Labor Code Section 226(a) violations, whether direct or derivative, and the district court must conduct a Federal Rule of Civil Procedure 23 analysis (Silken Brown, et al. v. Cinemark USA, Inc., et al., No. 16-15377, 9th Cir., 2017 U.S. App. LEXIS 24764).