LOS ANGELES - A California federal judge on May 24 denied a motion filed by the makers of a defective dehumidifier that caused fires to dismiss class action claims for violation of California's unfair competition law (UCL) and negligence and other claims and ordered them to show cause as to why they should not be sanctioned for misrepresenting the law as it pertains to insurer's rights to subrogate the rights of insureds (Homesite Insurance Company of the Midwest, et al. v. Gree USA Inc., et al., No. 2:16-cv-06769, C.D. Calif., 2017 U.S. Dist. LEXIS 79809).
SAN FRANCISCO - Stating that a transgender man was terminated in retaliation for his posting on an employer-rating website that criticized the employer's purported discriminatory practices the U.S. Equal Employment Opportunity Commission on May 24 filed a complaint on the employee's behalf in California federal court, alleging violation of federal anti-discrimination statutes (U.S. Equal Employment Opportunity Commission v. IXL Learning Inc., No. 3:17-cv-029979, N.D. Calif.).
OKLAHOMA CITY - Although a California-based actuary company lacks the more-traditional contacts with a forum state, an Oklahoma federal judge on May 25 denied the company's motion to dismiss a professional negligence suit brought by an insolvent insurer's receiver because one court from "this district has already found personal jurisdiction in a similar scenario" (State of Oklahoma ex rel., John D. Doak, Insurance Commissioner, as receiver for Driver's Insurance Co. v. CTK Actuarial Services Inc., No. 17-371, W.D. Okla., 2017 U.S. Dist. LEXIS 80293).
SAN FRANCISCO - A California federal judge on May 24 granted a disability claimant's motion for judgment on the administrative record after determining that the evidence does not support the disability insurer's termination of benefits after paying the claimant benefits for almost eight years (Nancy Hart v. Unum Life Insurance Company of America, No. 15-5392, N.D. Calif., 2017 U.S. Dist. LEXIS 79970).
FRESNO, Calif. - A California federal judge on May 23 granted preliminary approval of a $3 million settlement to be paid by an industrial service company to end claims that it improperly classified directional drillers as independent contractors and failed to pay overtime wages and meal and rest period premiums (Marc McCulloch, et al. v. Baker Hughes Inteq Drilling Fluids, Inc., et al., No. 16-157, E.D. Calif., 2017 U.S. Dist. LEXIS 78367).
SANTA ANA, Calif. - Teva Pharmaceuticals Inc. has agreed to settle an opioid marketing lawsuit filed by Orange and Santa Clara counties for $1.6 million and marketing restrictions, Santa Clara County announced May 24 in a press release (State of California, et al. v. Purdue Pharma LP, et al., No. 2014-00725287, Calif. Super., Orange Co.).
SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).
SAN DIEGO - A California federal judge on May 22 dismissed an investor's claims for violation of California's unfair competition law (UCL) and securities laws, finding that he failed to show that he was fraudulently induced into investing in the development of a nightclub (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).
WASHINGTON, D.C. - A California federal jury's finding in May 2016 that Google Inc.'s incorporation of the Java structure, sequence and organization (SSO) in its Android operating system was a fair use was proper and should not be disturbed, Google told the Federal Circuit U.S. Court of Appeals on May 22 (Oracle America Inc. v. Google Inc., Nos. 17-1118, -1202, Fed. Cir.).
OAKLAND, Calif. - San Francisco Bay Area Rapid Transit District (BART) was hit with a putative class complaint in California federal court May 22, with one of its mass transit passengers claiming that the organization's smartphone application surreptitiously collects the International Mobile Equipment Identity (IMEI) numbers associated with users' phones, as well as their precise locations, in violation of state and federal law (Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., No. 4:17-cv-02911, N.D. Calif.).
LOS ANGELES - A trademark and copyright dispute over the phrase "Life is Beautiful" rejected on summary judgment due to a lack of similarity and a plaintiff's unclean hands yielded a $922,309 attorney fee award on May 23 by a California federal judge (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 14-8290, C.D. Calif., 2017 U.S. Dist. LEXIS 79135).
LOS ANGELES - A California federal judge on May 23 granted an insurer's motion for summary judgment on the remaining claims in a production company insured's lawsuit seeking coverage for damages caused by a train accident that killed a camera technician and injured the film's director and several crew members (Film Allman LLC v. New York Marine and General Insurance Co., Inc., No 14-7069, C.D. Calif., 2017 U.S. Dist. LEXIS 79139).
LOS ANGELES - A dispute between competing car clubs over the "Stylistics" trademark was resolved in favor of a plaintiff on May 23, when a California federal judge awarded summary judgment (Gilbert Lerma Jr. v. Ernie Armijo, et al., No. 15-9953, C.D. Calif., 2017 U.S. Dist. LEXIS 77575).
SAN FRANCISCO - A California federal magistrate judge properly found that Google Inc. could be subpoenaed to provide foreign-stored user data under the Stored Communications Act (SCA), the U.S. government says in a May 19 brief opposing Google's motion for de novo review of the magistrate's ruling (In the Matter of the Search of Content That is Stored at Premises Controlled by Google, No. 3:16-mc-80263, N.D. Calif.).
FRESNO, Calif. - A California federal judge on May 23 granted summary judgment in a Smith & Nephew Inc. knee case, saying that the plaintiff failed to present much evidence to support his claims and that his rebuttals fell short (Ruben B. Merancio, et al. v. Smith & Nephew, Inc., et al., No. 15-807, E.D. Calif., 2017 U.S. Dist. LEXIS 78352).
NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).
FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona Frozen Foods, et al., No. 15-93, E.D. Calif., 2017 U.S. Dist. LEXIS 76751).
SAN JOSE, Calif. - A consolidated class action over three announced data breach incidents fails for lack of standing because the plaintiffs have not alleged any resulting injury or damages, Yahoo Inc. says in a May 22 motion in California federal court, seeking dismissal for lack of standing under Article III of the U.S. Constitution, U.S. Const. art. 3 (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).
FRESNO, Calif. - A California federal judge on May 18 denied a borrower's motion to amend her complaint in which she alleges that a bank violated California's unfair competition law (UCL) and other laws related to a wrongful foreclosure, finding that she failed to allege any facts that would support new claims (Brenda D. Dowling v. Bank of America, et al., No. 1:14-cv-01041, E.D. Calif., 2017 U.S. Dist. LEXIS 76063).