LexisNexis® Legal Newsroom
Mealey's Insurance - California Federal Judge: Insurers Must Post $1.5M Bond In Asbestos Suit

SAN FRANCISCO - A California federal judge on May 9 determined that insurers must post a bond of $1.5 million, plus prejudgment interest, in a coverage dispute with Chapter 11 debtor The Flintkote Co. (The Flintkote Company v. Aviva PLC, No. 15-cv-01638, N.D. Calif.; 2016 U.S. Dist. LEXIS 61366).

Mealey's Litigation Procedure - Motion To Compel Production Of Documents In Securities Class Action Denied

SAN FRANCISCO - A federal magistrate judge in California on May 6 denied a request by defendants in a securities class action lawsuit to compel lead plaintiffs to turn over certain documents, ruling that the documents are protected by the work product doctrine or are not relevant to the action (Babak Hatamian, et al. v. Advanced Micro Devices Inc., et al., No. 14-0226, N.D. Calif.; 2016 U.S. Dist. LEXIS 60551).

Mealey's Securities/D&O Liability - Motion To Compel Production Of Documents In Securities Class Action Denied

SAN FRANCISCO - A federal magistrate judge in California on May 6 denied a request by defendants in a securities class action lawsuit to compel lead plaintiffs to turn over certain documents, ruling that the documents are protected by the work product doctrine or are not relevant to the action (Babak Hatamian, et al. v. Advanced Micro Devices Inc., et al., No. 14-0226, N.D. Calif.; 2016 U.S. Dist. LEXIS 60551).

Mealey's PI/Product Liability - Judge: Tribe, Casino Protected From Patron's Personal Injury Suit

RIVERSIDE, Calif. - A casino patron cannot pursue declaratory relief for his personal injury claim against the casino and the Indian tribe that operates it because the tribe has not waived its sovereign immunity, a California federal judge held May 9 (Clarence Butler v. The Barona Band of Mission Indians of California, et al., No. 5:16-cv-268, C.D. Calif.; 2016 U.S. Dist. LEXIS 61304).

Mealey's Labor & Employment - Police Officer, University Debate Class Certification In Wiretapping Suit

SANTA ANA, Calif. - The president of a university police association defended his motion to certify a class of University of California (UC) police officers alleging privacy violations related to the surreptitious recording of officers' conversations in a May 6 brief in California federal court, contending that he sufficiently pleaded typicality, numerosity and other common issues (Federated University Police Officers' Association, et al. v. The Regents of the University of California, et al., No. 8:15-cv-00137, C.D. Calif.).

Mealey's PI/Product Liability - Court: Machine's Inevitable Use With Asbestos Brakes Creates Potential Liability

SAN FRANCISCO - A grinding machine's inevitable use with asbestos-containing automobile brakes during the period in question permits liability under strict liability and negligence theories, a California appeals court held May 9 (Renee Rondon, et al. v. Hennessy Industries Inc., Nos. A141686, A142411, Calif. App., 1st Dist.).

Mealey's Litigation Procedure - Police Officer, University Debate Class Certification In Wiretapping Suit

SANTA ANA, Calif. - The president of a university police association defended his motion to certify a class of University of California (UC) police officers alleging privacy violations related to the surreptitious recording of officers' conversations in a May 6 brief in California federal court, contending that he sufficiently pleaded typicality, numerosity and other common issues (Federated University Police Officers' Association, et al. v. The Regents of the University of California, et al., No. 8:15-cv-00137, C.D. Calif.).

Mealey's Toxic Tort/Environmental - Court: Machine's Inevitable Use With Asbestos Brakes Creates Potential Liability

SAN FRANCISCO - A grinding machine's inevitable use with asbestos-containing automobile brakes during the period in question permits liability under strict liability and negligence theories, a California appeals court held May 9 (Renee Rondon, et al. v. Hennessy Industries Inc., Nos. A141686, A142411, Calif. App., 1st Dist.).

Mealey's PI/Product Liability - California Supreme Court Rules Statute Of Limitations Applies In Negligence Suit

SAN FRANCISCO - The Supreme Court of California on May 5 ruled that a lower appellate court erred by finding that a woman's negligence suit against a hospital was filed in a timely manner (Catherine Flores v. Presbyterian Intercommunity Hospital, No. S209836, Calif. Sup.; 2016 Cal. LEXIS 2561).

Mealey's Litigation Procedure - 9th Circuit Panel Hears Oral Arguments In Appeal Of Securities Class Action Ruling

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 4 heard oral arguments in an appeal of a California federal court judge's ruling dismissing an amended securities class action complaint for failure to properly plead scienter (Nathaniel L. Anderson v. Peregrine Pharmaceuticals Inc., et al., No. 14-55882, 9th Cir.).

Mealey's PI/Product Liability - 9th Circuit Panel Hears Oral Arguments In Appeal Of Securities Class Action Ruling

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 4 heard oral arguments in an appeal of a California federal court judge's ruling dismissing an amended securities class action complaint for failure to properly plead scienter (Nathaniel L. Anderson v. Peregrine Pharmaceuticals Inc., et al., No. 14-55882, 9th Cir.).

Mealey's Antitrust/Unfair Competition - Homeowners Show Misleading Statements Over Mortgage Loan Treatment, Judge Says

SAN FRANCISCO - Homeowners adequately identify allegations of misleading and deceptive statements made by a mortgage company regarding how payments would be treated during a transition period when the loan was transferred between mortgage companies, a California federal judge ruled May 4 (Peter Mazonas, et al. v. Nationstar Mortgage LLC, et al., No. 16-00660, N.D. Calif.; 2016 U.S. Dist. LEXIS 59424).

Mealey's Litigation Procedure - Complaint Against Facebook Under Illinois Biometrics Law May Proceed, Judge Rules

SAN FRANCISCO - A putative class complaint alleging violations of an Illinois biometrics privacy law by Facebook Inc. survived dismissal on May 5, when a California federal judge found the class claims sufficiently pleaded and compatible with a California choice-of-law provision (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.; 2016 U.S. Dist. LEXIS 60046).

Mealey's Securities/D&O Liability - 9th Circuit Panel Hears Oral Arguments In Appeal Of Securities Class Action Ruling

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 4 heard oral arguments in an appeal of a California federal court judge's ruling dismissing an amended securities class action complaint for failure to properly plead scienter (Nathaniel L. Anderson v. Peregrine Pharmaceuticals Inc., et al., No. 14-55882, 9th Cir.).

Mealey's Banking & Finance - Homeowners Show Misleading Statements Over Mortgage Loan Treatment, Judge Says

SAN FRANCISCO - Homeowners adequately identify allegations of misleading and deceptive statements made by a mortgage company regarding how payments would be treated during a transition period when the loan was transferred between mortgage companies, a California federal judge ruled May 4 (Peter Mazonas, et al. v. Nationstar Mortgage LLC, et al., No. 16-00660, N.D. Calif.; 2016 U.S. Dist. LEXIS 59424).

Mealey's Insurance - Judge: Amount In Controversy Prevents Remand Of Bad Faith Suit To State Court

FRESNO, Calif. - Remand of an insurance breach of contract and bad faith lawsuit to state court is not proper because an insurer has shown that the amount in controversy exceeds the statutory limit, a federal judge in California ruled May 3 (See Lee, et al. v. State Farm Mutual Automobile Insurance Co., No. 16-0465, E.D. Calif.; 2016 U.S. Dist. LEXIS 58933).

Mealey's IP/Tech - Judge Bars Partial Damages Expert Testimony In Google Copyright Infringement Suit

SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 3 excluded a damages expert from testifying on a forecast to calculate Oracle's lost profits beyond 2011 and ordered that the expert must adjust his totals to reflect that limitation (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58819).

Mealey's Litigation Procedure - Judge Bars Partial Damages Expert Testimony In Google Copyright Infringement Suit

SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 3 excluded a damages expert from testifying on a forecast to calculate Oracle's lost profits beyond 2011 and ordered that the expert must adjust his totals to reflect that limitation (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58819).

Mealey's Antitrust/Unfair Competition - Merchants' Subpoena For Apple Pay Documents Quashed In California Federal Court

SAN FRANCISCO - In a May 3 minute order, a California federal magistrate judge granted Apple Inc.'s motion to quash a subpoena served on it by the merchant plaintiffs in an antitrust lawsuit against credit card companies and issuing banks related to purportedly fixed intercharge fees (In re Payment Card Intercharge and Merchant Discount Antitrust Litigation, No. 3:16-mc-80069, N.D. Calif.).

Mealey's IP/Tech - Judge: Google Expert's Survey In Copyright Infringement Suit Is Partially Unreliable

SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 2 excluded any portions of an expert's survey or opinions based on pretest results as unreliable (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58304).

Mealey's Labor & Employment - 9th Circuit Upholds Rejection Of Timekeeping Rounding Class Claims

PASADENA, Calif. - A California federal court properly dismissed a call center employee's rounding and unpaid wage claims and, because judgment on the rounding claim was affirmed, there is no need for reconsideration of a motion for class certification, a Ninth Circuit U.S. Court of Appeals panel ruled May 2 (Andre Corbin, et al. v. Time Warner Entertainment Advance/Newhouse Partnership, No. 13-55622, 9th Cir.; 2016 U.S. App. LEXIS 7896).

Mealey's Litigation Procedure - 9th Circuit Upholds Rejection Of Timekeeping Rounding Class Claims

PASADENA, Calif. - A California federal court properly dismissed a call center employee's rounding and unpaid wage claims and, because judgment on the rounding claim was affirmed, there is no need for reconsideration of a motion for class certification, a Ninth Circuit U.S. Court of Appeals panel ruled May 2 (Andre Corbin, et al. v. Time Warner Entertainment Advance/Newhouse Partnership, No. 13-55622, 9th Cir.; 2016 U.S. App. LEXIS 7896).

Mealey's Litigation Procedure - Merchants' Subpoena For Apple Pay Documents Quashed In California Federal Court

SAN FRANCISCO - In a May 3 minute order, a California federal magistrate judge granted Apple Inc.'s motion to quash a subpoena served on it by the merchant plaintiffs in an antitrust lawsuit against credit card companies and issuing banks related to purportedly fixed intercharge fees (In re Payment Card Intercharge and Merchant Discount Antitrust Litigation, No. 3:16-mc-80069, N.D. Calif.).

Mealey's Litigation Procedure - Judge: Google Expert's Survey In Copyright Infringement Suit Is Partially Unreliable

SAN FRANCISCO - In a copyright infringement lawsuit between Oracle America Inc. and Google Inc., a California federal judge on May 2 excluded any portions of an expert's survey or opinions based on pretest results as unreliable (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 58304).

Mealey's Insurance - Judge: Excess Insurer Did Not Breach Contract; No Ultimate Net Loss Incurred

SAN FRANCISCO - Because an insured suffered no "ultimate net loss" under an excess insurance policy and did not incur compensable property damage, the excess insurer did not breach its contract with the insured or its implied covenant of good faith and fair dealing by failing to cover an underlying settlement of claims arising out of a construction project, a California federal judge ruled May 2 (Thompson Pacific Construction, Inc. v. American International Group, Inc., et al., No. 15-01091, N.D. Calif.; 2016 U.S. Dist. LEXIS 58237).