LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Caretakers For Disabled Adults Are Granted Class Certification In Wage-And-Hour Suit

SAN JOSE, Calif. - A California federal judge on July 7 certified a class of workers who provide companionship and care to disabled adults and are seeking unpaid overtime (Horacio De Veyra Palana, et al. v. Mission Bay Inc., et al., No. 13-5235, N.D. Calif.; 2015 U.S. Dist. LEXIS 88091).

Mealey's Antitrust/Unfair Competition - Caretakers For Disabled Adults Are Granted Class Certification In Wage-And-Hour Suit

SAN JOSE, Calif. - A California federal judge on July 7 certified a class of workers who provide companionship and care to disabled adults and are seeking unpaid overtime (Horacio De Veyra Palana, et al. v. Mission Bay Inc., et al., No. 13-5235, N.D. Calif.; 2015 U.S. Dist. LEXIS 88091).

Mealey's Insurance - Judge: Additional Insured Endorsement Is Not Binding; Insurer Owes No Defense

SAN FRANCISCO - A contractor was not an additional insured to a subcontractor's insurance policy for coverage purposes in a construction defects case, a California federal judge ruled July 9, finding that the insurer's underwriter did not have authority to grant an insurance broker the ability to bind an additional insured endorsement (Navigators Specialty Insurance Co. v. St. Paul Surplus Lines Insurance Co., et al., No. 13-03499, N.D. Calif.; 2015 U.S. Dist. LEXIS 89449).

Mealey's Toxic Tort/Environmental - Man: MDL Judge Got It Wrong; Sophisticated Intermediary Rejected In California

SAN FRANCISCO - A California court rejected the sophisticated intermediary defense the judge overseeing the federal asbestos multidistrict litigation assumed it would adopt in granting summary judgment to a shipbuilder, a man argues in a brief filed July 8 in the Ninth Circuit U.S. Court of Appeals (Charles Aikins v. Huntington Ingalls Inc. (f/k/a Northrip Grumman Shipbuilding Inc.), No. 14-17446, 9th Cir.).

Mealey's Litigation Procedure - Nissan To Settle Claims Over Electric Car Battery Life

LOS ANGELES - A California federal judge on July 7 granted final approval of settlement, valued by the plaintiffs at $24 million, to be paid by Nissan North America Inc. in a class suit accusing the company of misrepresenting the driving range and battery life of the its electric car (Humberto Daniel Klee, et al. v. Nissan North America, Inc., No. 12-8238, C.D. Calif.; 2015 U.S. Dist. LEXIS 88270).

Mealey's Litigation Procedure - Caretakers For Disabled Adults Are Granted Class Certification In Wage-And-Hour Suit

SAN JOSE, Calif. - A California federal judge on July 7 certified a class of workers who provide companionship and care to disabled adults and are seeking unpaid overtime (Horacio De Veyra Palana, et al. v. Mission Bay Inc., et al., No. 13-5235, N.D. Calif.; 2015 U.S. Dist. LEXIS 88091).

Mealey's Insurance - Judge: Insufficient Evidence To Trigger Excess Insurers' Duties To Defend, Indemnify

SAN FRANCISCO - An insured failed to alleged that there are property damage claims against it arising from a construction project at a school sufficient enough to trigger excess insurers' duties to defend and indemnify, a California federal judge ruled July 8, dismissing the case with leave to amend (Thompson Pacific Construction Inc. v. American International Group Inc., et al., No. 15-01091, N.D. Calif.; 2015 U.S. Dist. LEXIS 88821).

Mealey's IP/Tech - California Federal Judge Transfers Copyright Case Back To Nebraska Court

SAN FRANCISCO - Despite a Nebraska federal judge's December 2014 dismissal on jurisdiction grounds of a declaratory judgment copyright infringement action, a California federal judge on July 6 returned the case to Nebraska after finding that jurisdiction is also lacking over the dispute there (Jim Erickson v. Nebraska Machinery Company, No. 15-1147, N.D. Calif.; 2015 U.S. Dist. LEXIS 87417).

Mealey's Insurance - Judge: Insurer Failed To Show That Amendment Would Be Futile In Bad Faith Suit

LOS ANGELES - A federal judge in California on July 7 granted an insured's motion to amend its complaint in an insurance bad faith lawsuit, ruling that the insurer failed to show that amendment should be denied (Film Allman LLC v. New York Marine and General Insurance Co. Inc., No. 14-7069, C.D. Calif.; 2015 U.S. Dist. LEXIS 88108).

Mealey's Insurance - Methodology Fatal To Expert Opinions In Infringement Case, Magistrate Judge Says

SAN JOSE, Calif. - A California federal magistrate judge on July 5 excluded most royalty and damages opinions of two experts in a patent dispute, saying that the experts' "methodologically unsound opinion testimony" should not be presented to a jury (Good Technology Corporation, et al., v. MobileIron, Inc., No. 5:12-cv-05826, N.D. Calif.; 2015 U.S. Dist. LEXIS 87347).

Mealey's Antitrust/Unfair Competition - Methodology Fatal To Expert Opinions In Infringement Case, Magistrate Judge Says

SAN JOSE, Calif. - A California federal magistrate judge on July 5 excluded most royalty and damages opinions of two experts in a patent dispute, saying that the experts' "methodologically unsound opinion testimony" should not be presented to a jury (Good Technology Corporation, et al., v. MobileIron, Inc., No. 5:12-cv-05826, N.D. Calif.; 2015 U.S. Dist. LEXIS 87347).

Mealey's Banking & Finance - California Federal Judge Reserves Ruling On UCL Claim In Home-Loan Dispute

OAKLAND, Calif. - A federal judge in California on July 6 reserved ruling on a state unfair competition law (UCL) claim in a home-loan dispute until the plaintiff has time to respond to a show-cause order as to why her claim for an alleged violation of California Civil Code Section 2923.5 should not be dismissed as being time-barred (Cecille Q. Paed, et al. v. Wells Fargo Bank, No. 15-1980, N.D. Calif.; 2015 U.S. Dist. LEXIS 87345).

Mealey's Insurance - Insurer Has No Duty To Indemnify Settlement Of Fire Loss, Judge Concludes

RIVERSIDE, Calif. - A commercial general liability insurer has no duty to indemnify an insured's settlement over costs incurred by fire damage when no lawsuit was ever filed against the insured, a California federal judge ruled July 6 (D.W. Johnston Construction Inc. v. First Specialty Insurance Corp., No. 14-1269, C.D. Calif.; 2015 U.S. Dist. LEXIS 88119).

Mealey's Litigation Procedure - Methodology Fatal To Expert Opinions In Infringement Case, Magistrate Judge Says

SAN JOSE, Calif. - A California federal magistrate judge on July 5 excluded most royalty and damages opinions of two experts in a patent dispute, saying that the experts' "methodologically unsound opinion testimony" should not be presented to a jury (Good Technology Corporation, et al., v. MobileIron, Inc., No. 5:12-cv-05826, N.D. Calif.; 2015 U.S. Dist. LEXIS 87347).

Mealey's Antitrust/Unfair Competition - California Federal Judge Reserves Ruling On UCL Claim In Home-Loan Dispute

OAKLAND, Calif. - A federal judge in California on July 6 reserved ruling on a state unfair competition law (UCL) claim in a home-loan dispute until the plaintiff has time to respond to a show-cause order as to why her claim for an alleged violation of California Civil Code Section 2923.5 should not be dismissed as being time-barred (Cecille Q. Paed, et al. v. Wells Fargo Bank, No. 15-1980, N.D. Calif.; 2015 U.S. Dist. LEXIS 87345).

Mealey's Litigation Procedure - Judge Permits Notification Of Student Records Disclosure Via Publication

SACRAMENTO, Calif. - Finding that individual notification to more than 1 million students and their parents would be impractical in a lawsuit over education rights for disabled students, a California federal judge on July 2 ruled that the California Department of Education (CDOE) can notify parents of the release of student records in response to discovery requests via publication without violating the privacy protections of the Family Education Rights and Privacy Act of 1974 (FERPA) (Morgan Hill Concerned Parents Association, et al. v. California Department of Education, et al., No. 2:11-cv-03471, E.D. Calif.; 2015 U.S. Dist. LEXIS 86909).

Mealey's Litigation Procedure - Business Owners File Class Action Suit Over Santa Barbara Pipeline Rupture

LOS ANGELES - Commercial fisherman, fish buyers and owners of three businesses adversely affected by the May 19, 2015, rupture of Plains All American Pipeline LLC's Line 901, which discharged more than 100,000 gallons of crude oil onto the beaches of Refugio State Beach in Santa Barbara, Calif., and into the Pacific Ocean, filed a class action lawsuit against the company July 1 in California federal court, claiming that it negligently operated the 10-mile, 24-inch wide pipeline (Keith Andrews, et al. v. Plains All American Pipeline L.P., No. 15-cv-4989, C.D. Calif.).

Mealey's Insurance - Federal Judge Grants Insurer's Motion To Intervene In Lawsuit Against Insured

SAN FRANCISCO - A California federal judge on July 2 granted an insurer's motion to intervene and to set aside a default judgment in a lawsuit arising out of liability for environmental contamination cleanup costs after determining that the defendant's insurer has a protectable interest in the outcome of the lawsuit (Dave Drilling Environmental Engineering Inc. v. Margaret Thersia Gamblin, No. 14-02851, N.D. Calif.; 2015 U.S. Dist. LEXIS 86919).

Mealey's Toxic Tort/Environmental - Business Owners File Class Action Suit Over Santa Barbara Pipeline Rupture

LOS ANGELES - Commercial fisherman, fish buyers and owners of three businesses adversely affected by the May 19, 2015, rupture of Plains All American Pipeline LLC's Line 901, which discharged more than 100,000 gallons of crude oil onto the beaches of Refugio State Beach in Santa Barbara, Calif., and into the Pacific Ocean, filed a class action lawsuit against the company July 1 in California federal court, claiming that it negligently operated the 10-mile, 24-inch wide pipeline (Keith Andrews, et al. v. Plains All American Pipeline L.P., No. 15-cv-4989, C.D. Calif.).

Mealey's Insurance - Contractors Improperly Refused Insurer's Counsel In Defects Suit, Jury Finds

SAN JOSE, Calif. - Insured contractors breached their insurance contract with their commercial general liability insurer when they declined the insurer's selection of counsel to represent them in an underlying strict product liability lawsuit against an additional insured subcontractor, a California federal jury found July 2 (Travelers Property Casualty Company of America v. Kaufman & Broad Monterey Bay Inc., et al., No. 13-04745, N.D. Calif.).

Mealey's Litigation Procedure - Dog Owners Seek Class Certification In California Suit Against Pet Food Maker

SAN FRANCISCO - Class certification should be granted in a suit alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances, a group of dog owners argued in a motion to the U.S. District Court for the Northern District of California July 1 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).

Mealey's Litigation Procedure - California Appeals Court Affirms Class Settlement In Product Labeling Suit

SAN DIEGO - In a July 2 unpublished opinion, a California appeals court affirmed a class action settlement over the objections of a class member in a case accusing QuickTrim LLC of improperly labeling its product in violation of the state's unfair competition law (UCL) (Teresa Anaya, et al. v. QuickTrim, et al., No. D067432, Calif. App., 4th Dist., Div. 1; 2015 Ca. App. Unpub. LEXIS 4697).

Mealey's PI/Product Liability - Dog Owners Seek Class Certification In California Suit Against Pet Food Maker

SAN FRANCISCO - Class certification should be granted in a suit alleging that dog food manufactured by Nestle Purina Petcare Co. contains toxic substances, a group of dog owners argued in a motion to the U.S. District Court for the Northern District of California July 1 (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 3:15-cv-00569-LB, N.D. Calif.).

Mealey's PI/Product Liability - 3rd Circuit: Girardi Keese California Avandia Settlements Subject To MDL Fee

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 2 ruled that the plaintiff law firm of Girardi Keese in Los Angeles is subject to a 7 percent common benefit assessment fee in the Avandia multidistrict litigation even though most of the firm's cases were filed and resolved in California state court (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, No. 14-2980, 3rd Cir.; 2015 U.S. App. LEXIS 11447).

Mealey's Antitrust/Unfair Competition - California Appeals Court Affirms Class Settlement In Product Labeling Suit

SAN DIEGO - In a July 2 unpublished opinion, a California appeals court affirmed a class action settlement over the objections of a class member in a case accusing QuickTrim LLC of improperly labeling its product in violation of the state's unfair competition law (UCL) (Teresa Anaya, et al. v. QuickTrim, et al., No. D067432, Calif. App., 4th Dist., Div. 1; 2015 Ca. App. Unpub. LEXIS 4697).