LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss Claims Related To Reverse Mortgages

SAN FRANCISCO - A California federal judge on Feb. 2 denied a motion filed by a bank to dismiss claims for violation of California's unfair competition law (UCL), elder abuse and rescission, finding that a controversy exists as to whether property owners were the victims of predatory lending practices in relation to two reverse mortgages on their home (Willie York, et al. v. Bank of America, et al., No. 14-cv-02471, N.D. Calif.; 2016 U.S. Dist. LEXIS 12333).

Mealey's Insurance - Plan Ordered To Make Claim Decision Under 'Any Occupation' Standard

SACRAMENTO, Calif. - Because a decision was never made regarding a disability claimant's eligibility for benefits under a plan's "any occupation" standard, a California federal judge on Feb. 1 remanded the claimant's suit to the plan administrator and stayed the suit until the plan makes a decision under the "any occupation" standard (Vlasia Hantakas v. Metropolitan Life Insurance Co., No. 14-235, E.D. Calif.; 2016 U.S. Dist. LEXIS 11770).

Mealey's Banking & Finance - Judge Refuses To Dismiss Claims Related To Reverse Mortgages

SAN FRANCISCO - A California federal judge on Feb. 2 denied a motion filed by a bank to dismiss claims for violation of California's unfair competition law (UCL), elder abuse and rescission, finding that a controversy exists as to whether property owners were the victims of predatory lending practices in relation to two reverse mortgages on their home (Willie York, et al. v. Bank of America, et al., No. 14-cv-02471, N.D. Calif.; 2016 U.S. Dist. LEXIS 12333).

Mealey's IP/Tech - California Federal Judge Grants Macy's Summary Judgment In Trademark Dispute

SAN FRANCISCO - Sales of T-shirts bearing several disputed trademarks belonging to Macy's Inc. were deemed an infringement Feb. 1 by a California federal judge, who rejected claims by a defendant that Macy's use of the marks was ornamental (Macy's Inc. v. Strategic Marks LLC, Nos. 11-6198, 15-612, N.D. Calif.; 2016 U.S. Dist. LEXIS 11676).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Attorney Fees In Patent Case

WASHINGTON, D.C. - A California federal magistrate judge's decision to deny a prevailing patent infringement defendant an award of attorney fees even after remand was affirmed Feb. 2 by the Federal Circuit U.S. Court of Appeals (Site Update Solutions LLC v. Newegg Inc., et al., No. 15-1448, Fed. Cir.; 2016 U.S. App. LEXIS 1641).

Mealey's Litigation Procedure - South Dakota Man Sues Seagate Over 'Spectacularly' Defective Hard Drives

SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - South Dakota Man Sues Seagate Over 'Spectacularly' Defective Hard Drives

SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).

Mealey's Litigation Procedure - California Federal Judge Won't Deny Class Certification, Says Motion Is Premature

LOS ANGELES - A California federal judge on Jan. 28 denied a disability insurer's motion to deny class certification after determining that the motion is premature because the complaint does not show that class certification would never be appropriate (Angela DeLeon v. Standard Insurance Co., et al., No. 15-7419, C.D. Calif.; 2016 U.S. Dist. LEXIS 11639).

Mealey's Litigation Procedure - Judge Finds No Evidence That Shoe Retailer's Prices Were Deceptive

RIVERSIDE, Calif. - A California federal judge on Jan. 28 granted a shoe retailer's motion to dismiss claims asserted against it by a purchaser for violation of California's unfair competition law (UCL) and other state laws, finding that she failed to show that the retailer's comparative prices were deceptive (Marilyn Sperling v. DSW Inc., et al., No. 15-1366, C.D. Calif.; 2016 U.S. Dist. LEXIS 11012).

Mealey's Antitrust/Unfair Competition - Judge Finds No Evidence That Shoe Retailer's Prices Were Deceptive

RIVERSIDE, Calif. - A California federal judge on Jan. 28 granted a shoe retailer's motion to dismiss claims asserted against it by a purchaser for violation of California's unfair competition law (UCL) and other state laws, finding that she failed to show that the retailer's comparative prices were deceptive (Marilyn Sperling v. DSW Inc., et al., No. 15-1366, C.D. Calif.; 2016 U.S. Dist. LEXIS 11012).

Mealey's IP/Tech - South Dakota Man Sues Seagate Over 'Spectacularly' Defective Hard Drives

SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).

Mealey's Litigation Procedure - Bose Sued For Collecting Personal Information During Credit Card Sales

SAN DIEGO - A customer of Bose Corp. filed a putative class action against the electronics and stereo retailer on Jan. 29 in California federal court, alleging that it improperly collects customers' personal identification information (PII) during credit card transactions in violation of California's Song-Beverly Credit Card Act (Patrick Keegan v. Bose Corp., No. 3:16-cv-00232, S.D. Calif.).

Mealey's Insurance - California Federal Judge Won't Deny Class Certification, Says Motion Is Premature

LOS ANGELES - A California federal judge on Jan. 28 denied a disability insurer's motion to deny class certification after determining that the motion is premature because the complaint does not show that class certification would never be appropriate (Angela DeLeon v. Standard Insurance Co., et al., No. 15-7419, C.D. Calif.; 2016 U.S. Dist. LEXIS 11639).

Mealey's Insurance - Insured Was Obligated To Obtain Consent Prior To Settling Suit, Panel Says

SANTA ANA, Calif. - A California court did not err in entering judgment in an excess insurer's favor because the insured was required to obtain the excess insurer's consent prior to settling an underlying environmental contamination suit, the Fourth District California Court of Appeal said Feb. 1 (The Doe Run Resources Corp. v. The Fidelity & Casualty Company of New York, No. G050689, Calif. App., 4th Dist., Div. 3).

Mealey's Litigation Procedure - Federal Judge Trims Claims In Securities Class Action Lawsuit

SAN FRANCISCO - A federal judge in California on Jan. 27 granted in part and denied in part a motion to dismiss filed by a corporation and certain of its executive officers in a securities class action lawsuit, ruling that some of the alleged misrepresentations cited by the lead plaintiff in making his claims are nonactionable (In re Energy Recovery Inc. Securities Litigation, No. 15-0265, N.D. Calif.; 2016 U.S. Dist. LEXIS 9781).

Mealey's Insurance - Judge: Insurer Had No Duty To Pay Landlord's Defense Costs Over Nuisance Dispute

SAN FRANCISCO - A California federal judge on Jan. 28 ruled that an insurer has no duty to indemnify a landlord and its property manager for defense costs that they incurred in an underlying nuisance and trespass dispute involving alleged cooking odors coming from an insured's restaurant (Travelers Property Casualty Company of America v. Mixt Greens Inc., et al., No. 13-00957, N.D. Calif.; 2016 U.S. Dist. LEXIS 11056).

Mealey's Securities/D&O Liability - Federal Judge Trims Claims In Securities Class Action Lawsuit

SAN FRANCISCO - A federal judge in California on Jan. 27 granted in part and denied in part a motion to dismiss filed by a corporation and certain of its executive officers in a securities class action lawsuit, ruling that some of the alleged misrepresentations cited by the lead plaintiff in making his claims are nonactionable (In re Energy Recovery Inc. Securities Litigation, No. 15-0265, N.D. Calif.; 2016 U.S. Dist. LEXIS 9781).

Mealey's Toxic Tort/Environmental - Cities Seek To Consolidate, Transfer PCB Contamination Suits Against Monsanto

WASHINGTON, D.C. - Five cities that have sued Monsanto Co., Solutia Inc. and Pharmacia LLC seeking to recover the costs of removing polychlorinated biphenyl (PCB) contamination from storm water on Jan. 26 asked the Judicial Panel on Multidistrict Litigation (JPMDL) to consolidate and centralize the cases in the U.S. District Court for the Northern District of California before Judge Edward J. Davila (In re: Stormwater/Impaired Waters PCB Contamination Litigation, MDL No. 2697, JPMDL).

Mealey's Litigation Procedure - Judge Dismisses Plaintiffs' Class Action Claims Under Right To Repair Act

SAN DIEGO - A federal judge in California on Jan. 26 granted in part a motion to dismiss a class action lawsuit filed by the manufacturer of cross-linked polyethylene (PEX) piping and remanded the suit sua sponte, after finding that the state's Right to Repair Act (RORA) does not allow class action claims (Roy Victor Boyko, et al. v. Terveno LP, et al., No. 15cv2088, S.D. Calif.; 2016 U.S. Dist. LEXIS 8998).

Mealey's Labor & Employment - Modification Motion Granted In 'Crowdsourcing' Wage Suit Class Settlement

SAN FRANCISCO - A California federal judge on Jan. 26 granted an amended motion filed jointly by the parties in a wage-and-hour class suit filed by workers who were paid on a per-task basis to modify the July order approving a $585,507 settlement (Christopher Otey, et al. v. CrowdFlower, Inc., et al., No. 12-5524, N.D. Calif.; 2016 U.S. Dist. LEXIS 9049).

Mealey's Labor & Employment - Lyft Agrees To Settle California Drivers' Wage Claims For $12.25M

SAN FRANCISCO - Drivers who filed a class complaint against Lyft Inc., which provides drive-sharing services, alleging various wage violations filed a motion Jan. 26 in the U.S. District Court for the Northern District of California seeking preliminary approval of a $12.25 million settlement (Patrick Cotter, et al. v. Lyft, Inc., No. 13-4065, N.D. Calif.).

Mealey's Banking & Finance - Federal Judge Dismisses Foreclosure-Related Claims, Denies Request For Sanctions

SACRAMENTO, Calif. - After finding that borrowers failed to assert facts to support their claims for wrongful foreclosure, violation of California's unfair competition law (UCL) and other claims, a California federal judge on Jan. 26 granted a motion to dismiss filed by lenders but found that sanctions were not warranted (Isaac Gutierrez, et al. v. Bank of America, N.A., et al., No. 2: 14-CV-01246, E.D. Calif.; 2016 U.S. Dist. LEXIS 9064).

Mealey's PI/Product Liability - Judge Dismisses Plaintiffs' Class Action Claims Under Right To Repair Act

SAN DIEGO - A federal judge in California on Jan. 26 granted in part a motion to dismiss a class action lawsuit filed by the manufacturer of cross-linked polyethylene (PEX) piping and remanded the suit sua sponte, after finding that the state's Right to Repair Act (RORA) does not allow class action claims (Roy Victor Boyko, et al. v. Terveno LP, et al., No. 15cv2088, S.D. Calif.; 2016 U.S. Dist. LEXIS 8998).

Mealey's Labor & Employment - Judgment For Employer In Contract Dispute Upheld; Attorney Fees Reversed

SAN FRANCISCO - A California appeals court on Jan. 26 upheld a summary judgment ruling for an employer in a contract dispute but reversed the award of attorney fees, finding that the trial court improperly applied an outdated version of California Labor Code Section 218.5 (USS-POSCO Industries v. Floyd Case, Nos. A140457 and A142145, Calif. App., 1st Dist., Div. 1; 2016 Cal. App. LEXIS 49).

Mealey's Litigation Procedure - Modification Motion Granted In 'Crowdsourcing' Wage Suit Class Settlement

SAN FRANCISCO - A California federal judge on Jan. 26 granted an amended motion filed jointly by the parties in a wage-and-hour class suit filed by workers who were paid on a per-task basis to modify the July order approving a $585,507 settlement (Christopher Otey, et al. v. CrowdFlower, Inc., et al., No. 12-5524, N.D. Calif.; 2016 U.S. Dist. LEXIS 9049).