LexisNexis® Legal Newsroom
Mealey's IP/Tech - 9th Circuit Reverses In Trademark Dispute Over Indian Tribe Name

SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Nov. 19 rejected findings by a California federal judge that a trademark infringement plaintiff is likely to succeed on the merits of its claim in a dispute over various unregistered and registered marks associated with the Miwok Indians (Shingle Springs Band of Miwok Indians v. Cesar Caballero, No. 13-15411, 9th Cir.; 2015 U.S. App. LEXIS 20094).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds Consumer Did Not Rely On Tortilla Chip Label

SAN FRANCISCO - A California federal judge on Nov. 18 dismissed a consumer's claims for violation of California's unfair competition law (UCL) and other California laws, finding that he failed to show that he relied on a representation that tortilla chips contained no trans-fat when he purchased the product (Victor Guttmann v. La Tapatia Tortilleria Inc., No. 15-cv-02042, N.D. Calif.; 2015 U.S. Dist. LEXIS 156800).

Mealey's IP/Tech - Affirmative Defenses Stricken In California Copyright Case

SAN DIEGO - CoreLogic Inc. is unable to argue that its removal of copyright management information (CMI) from various photographs was a fair use, a California federal judge ruled Nov. 17; the defendant was given leave to amend its affirmative defenses, however (Robert Stevens, et al. v. CoreLogic Inc., No. 14-1158, S.D. Calif.; 2015 U.S. Dist. LEXIS 156161).

Mealey's Securities/D&O Liability - Judge: Investor In Derivative Suit Properly Pleaded Demand Futility

SAN JOSE, Calif. - Dismissal of a consolidated complaint in a shareholder derivative lawsuit is not proper, a federal judge in California ruled Nov. 16, because an investor has properly shown that demand on a company's board of directors was futile (In re Intuitive Surgical Shareholder Derivative Litigation, No. 14-0515, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Magistrate Judge Recommends Default Ruling In Unauthorized Broadcast Case

SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 16 recommended that a default ruling be entered against the owner of a commercial establishment after it failed to respond to claims for violation for California's unfair competition law (UCL), conversion and other causes of action for showing an unauthorized broadcast, awarding the owner of the broadcast $10,000 in damages (J&J Sports Productions Inc. v. Philip Isidro, No. 2:14-cv-2720, E.D. Calif.; 2015 U.S. Dist. LEXIS 154773).

Mealey's Toxic Tort/Environmental - Judge Orders Approval Of $350,000 Deal To Remediate Tainted Groundwater, Soil

SACRAMENTO, Calif. - The California judge who ruled that a deal under which a company would pay $350,000 to reimburse the California Department of Toxic Substances Control (DTSC) for costs the agency incurred in cleaning up arsenic, chromium and copper contamination at a former wood-preserving site in Elmira, Calif., was fair ordered the approval of the agreement on Nov. 16 (California Department of Toxic Substances Control, et al. v. Jim Dobbas Inc., et al., No. 14-595 WBS EFB, E.D. Calif.; 2015 U.S. Dist. LEXIS 154829).

Mealey's Insurance - Judge: Insurer Has Duty To Defend Cosby Against Celebrity Janice Dickinson's Lawsuit

LOS ANGELES - A California federal judge on Nov. 13 held that William H. Cosby Jr.'s homeowners and excess insurer has a duty to defend him against an underlying lawsuit brought by model, actress and TV producer Janice Dickinson, rejecting the insurer's argument that coverage is barred by the "sexual molestation or corporal punishment" exclusion (AIG Property Casualty Co. v. William H. Cosby Jr., et al., No. 15-04842, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Vizio Hit With Class Actions Over Tracking Software On Smart TVs

SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Tortilla Trans-Fat Labeling Class Suit Settlement Granted Preliminary Approval

OAKLAND, Calif. - A California federal judge on Nov. 13 granted preliminary approval of a tortilla trans-fat labeling settlement that provides only injunctive relief to the settlement class (Victor Guttmann v. Ole Mexican Foods, Inc., No. 14-4845, N.D. Calif.; 2015 U.S. Dist. LEXIS 154046).

Mealey's Labor & Employment - Sanctions Denied In Best Buy Manager's Suit Seeking Overtime

SAN DIEGO - A California federal magistrate judge on Nov. 13 denied a motion filed by the employer in a wage-and-hour suit seeking contempt sanctions and disqualification after the lead plaintiff collected information about the potential class and then decided not to move for class certification (Jack Hernandez, et al. v. Best Buy Stores, L.P., et al., No. 13-2587, S.D. Calif.; 2015 U.S. Dist. LEXIS 154103).

Mealey's Litigation Procedure - Tortilla Trans-Fat Labeling Class Suit Settlement Granted Preliminary Approval

OAKLAND, Calif. - A California federal judge on Nov. 13 granted preliminary approval of a tortilla trans-fat labeling settlement that provides only injunctive relief to the settlement class (Victor Guttmann v. Ole Mexican Foods, Inc., No. 14-4845, N.D. Calif.; 2015 U.S. Dist. LEXIS 154046).

Mealey's Litigation Procedure - Vizio Hit With Class Actions Over Tracking Software On Smart TVs

SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).

Mealey's Litigation Procedure - Sanctions Denied In Best Buy Manager's Suit Seeking Overtime

SAN DIEGO - A California federal magistrate judge on Nov. 13 denied a motion filed by the employer in a wage-and-hour suit seeking contempt sanctions and disqualification after the lead plaintiff collected information about the potential class and then decided not to move for class certification (Jack Hernandez, et al. v. Best Buy Stores, L.P., et al., No. 13-2587, S.D. Calif.; 2015 U.S. Dist. LEXIS 154103).

Mealey's Insurance - Magistrate: Competitor Lawsuit Against Owner Of LensCrafters Triggered Coverage

SAN FRANCISCO - A California federal magistrate on Nov. 12 refused to grant an insurer's motion to dismiss a lawsuit seeking coverage for an underlying unfair competition lawsuit against the owner of LensCrafters and a health care service provider (EYEXAM of California Inc., et al. v. Allied World Surplus Lines Insurance Company, et al., No. 15-03643, N.D. Calif.; 2015 U.S. Dist. LEXIS 153388).

Mealey's Toxic Tort/Environmental - Current Owner Of Site Owes No Duty To Past Owner, Judge Rules

SAN JOSE, Calif. - A federal judge in California on Nov. 13 ruled that a defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit could not pursue negligence claims against a third party after finding that it failed to sufficiently allege damages and that the third-party defendant owed it a duty of care (Verse Two Properties LLC v. MedPlast Fremont Inc., et al., No. 14-cv-03765-EJD, N.D. Calif.; 2015 U.S. Dist. LEXIS 154071).

Mealey's IP/Tech - Federal Judge Dismisses Copyright Infringement Claims Related To Gaming App

SAN JOSE, Calif. - After previously dismissing claims asserted by former owners of a Russian gaming studio for violation of California's unfair competition law (UCL) and finding that the former owners had no ownership over a mobile game application, a California federal judge on Nov. 10 dismissed all of their claims for copyright infringement asserted against the distributor of the game and others (Evengy Epikhin, et al. v. Game Insight North America, et al., No. 14-CV-04383, N.D. Calif.; 2015 U.S. Dist. LEXIS 152837).

Mealey's Toxic Tort/Environmental - Property Owners' Claims Of Tainted Groundwater Partially Survive, Judge Rules

SAN JOSE, Calif. - A federal judge in California on Nov. 10 partially granted and partially denied dismissal of a groundwater contamination lawsuit brought by a couple who purchased property and learned of the presence of hazardous chemicals at levels of concern years after buying the land (Verse Two Properties v. MedPlast Fremont Inc., No. 14-03765, N.D. Calif.; 2015 U.S. Dist. LEXIS 152800).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Copyright Infringement Claims Related To Gaming App

SAN JOSE, Calif. - After previously dismissing claims asserted by former owners of a Russian gaming studio for violation of California's unfair competition law (UCL) and finding that the former owners had no ownership over a mobile game application, a California federal judge on Nov. 10 dismissed all of their claims for copyright infringement asserted against the distributor of the game and others (Evengy Epikhin, et al. v. Game Insight North America, et al., No. 14-CV-04383, N.D. Calif.; 2015 U.S. Dist. LEXIS 152837).

Mealey's Securities/D&O Liability - Judge: Reconsideration In Securities Suit Not Warranted Pursuant To Foman Factors

SAN FRANCISCO - A federal judge in California on Nov. 11 denied an investor's motion for leave to move for reconsideration in a securities fraud lawsuit, ruling that the investor has failed to show that reconsideration is warranted pursuant to the U.S. Supreme Court's ruling in Foman v. Davis (Chetan Utterkar v. Ebix Inc., et al., No. 14-2250, N.D. Calif.; 2015 U.S. Dist. LEXIS 152839).

Mealey's Litigation Procedure - Shareholders Have Standing To Sue In Insider Trading Lawsuit, Judge Rules

SANTA ANA, Calif. - A federal judge in California on Nov. 9 denied a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that, among other things, the lead plaintiffs have standing to sue for insider trading (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif.).

Mealey's Litigation Procedure - 9th Circuit Revives Privacy Class Claims Over Google's Cookie Placement

PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).

Mealey's Litigation Procedure - Judge Orders Class Claimants To Show Why UCL Claim Should Not Be Dismissed

LOS ANGELES - A California federal judge on Nov. 10 ordered plaintiffs who seek to file a class action against FanDuel Inc. and others in relation to claims that they violated California's unfair competition law (UCL) and other California law claims to show cause why the case should not be dismissed for lack of jurisdiction (Cody Spiegel, et al. v. FanDuel, Inc., et al., No. 15-08142, C.D. Calif.; 2015 U.S. Dist. LEXIS 152679).

Mealey's Antitrust/Unfair Competition - Judge Orders Class Claimants To Show Why UCL Claim Should Not Be Dismissed

LOS ANGELES - A California federal judge on Nov. 10 ordered plaintiffs who seek to file a class action against FanDuel Inc. and others in relation to claims that they violated California's unfair competition law (UCL) and other California law claims to show cause why the case should not be dismissed for lack of jurisdiction (Cody Spiegel, et al. v. FanDuel, Inc., et al., No. 15-08142, C.D. Calif.; 2015 U.S. Dist. LEXIS 152679).

Mealey's IP/Tech - 'Shake it Off' Copyright Case Dismissed By California Federal Judge

LOS ANGELES - Less than two weeks after filing suit, a California man saw his copyright infringement allegations against pop superstar Taylor Swift and her record label dismissed Nov. 10 by a California federal judge (Jesse Braham v. Sony/ATV Music Publishing et al., No. 15-8422, C.D. Calif.).

Mealey's Securities/D&O Liability - Pension Fund Files Notice Of Appeal In TIBOR Securities Suit

NEW YORK - Without providing further detail, an investor filed a notice of appeal on Nov. 9 in New York federal court, seeking to appeal two rulings in a securities class action lawsuit against numerous international banks and others for their alleged manipulation of the Euroyen Tokyo Interbank Offered Rate (TIBOR) and Euroyen London Interbank Offered Rate (LIBOR) (California State Teachers Retirement System v. Mizuho Bank Ltd., et al., No. 12-3419, S.D. N.Y.).