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).
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).
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).
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.).
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.).
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).
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.).
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).
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).
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).
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).
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.).
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).
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).
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).