LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Grants Preliminary Approval Of $23M Securities Class Action Settlement

SAN FRANCISCO - A federal judge in California on Oct. 28 granted preliminary approval of a $23 million securities class action settlement between shareholders and online video game maker Zynga Inc. and certain of its executive officers and directors (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.; 2015 U.S. Dist. LEXIS 145728).

Mealey's Insurance - Additional Insureds Failed To Allege Breach Of Contract, Bad Faith Claims, Judge Says

SAN DIEGO - Additional insureds failed to assert counterclaims for declaratory relief, breach of contract and breach of the implied covenant of good faith and fair dealing against its commercial general liability insurer, a California federal judge ruled Oct. 28, dismissing the counterclaims (St. Paul Mercury Insurance Co. v. McMillin Homes Construction, Inc., et al., No. 15-1548, S.D. Calif.; 2015 U.S. Dist. LEXIS 147082).

Mealey's Banking & Finance - Federal Judge Dismisses Contract And UCL Claims Against Education Commission

SAN FRANCISCO - After finding that the Higher Learning Center Commission (HLC)'s alleged activities related to a joint venture for an online school program did not relate to California, a California federal judge dismissed a university's claims for breach of contract and violation of California's unfair competition law (UCL) for lack of jurisdiction (Ivy Bridge University, LLC, f/k/a Ivy Bridge College LLC v. Higher Learning Commission, et al., No. 15-CV-02187, N.D. Calif.; 2015 U.S. Dist. LEXIS 147056).

Mealey's Securities/D&O Liability - Judge Grants Preliminary Approval Of $23M Securities Class Action Settlement

SAN FRANCISCO - A federal judge in California on Oct. 28 granted preliminary approval of a $23 million securities class action settlement between shareholders and online video game maker Zynga Inc. and certain of its executive officers and directors (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.; 2015 U.S. Dist. LEXIS 145728).

Mealey's PI/Product Liability - California Court Affirms Jury's Asbestos Award To Former Architect

LOS ANGELES - A defendant's attack on a jury's $1,175,000 noneconomic asbestos damages award "relies on a defective rationale" because the outcome relies on the entire record and not just expert testimony, a California appeals court held Oct. 28 (Marie Marteney v. Union Carbide Corp., et al., Nos. B252711, B253265, Calif. App., 2nd Dist., Div. 4).

Mealey's Banking & Finance - Federal Judge Finds Allegations Are Conclusory, Dismisses UCL Claim

SAN FRANCISCO - A California federal judge on Oct. 27 dismissed a borrower's claims for violation of California's unfair competition law (UCL) and other claims, finding that her allegations against a bank were conclusory (Mary Nichols v. Wells Fargo Bank, N.A., No. 15-3564, N.D. Calif.; 2015 U.S. Dist. LEXIS 145746).

Mealey's Insurance - Insurer: New Evidence In Federal Investigation Warrants Reconsideration Of Ruling

SAN DIEGO - A health care organization's directors and officers liability insurer on Oct. 28 asked a California federal judge to reconsider a summary judgment ruling in favor of an insured, contending that new evidence proves "once and for all" that coverage for an underlying federal investigation is precluded by the policy's "prior or pending litigation" and "specific claims" exclusions (Millennium Laboratories, Inc. v. Allied World Insurance Company [U.S.], Inc., No. 12-2280, S.D. Calif.; 2015 U.S. Dist. LEXIS 133534).

Mealey's Litigation Procedure - California Appeals Panel Orders In Camera Review Of Emails To Determine Privilege

SAN DIEGO - Concluding that a nonparty to an order to compel qualifies as "a party" under the California Public Records Act (CPRA) because it had an interest in preventing disclosure of certain emails, a California appellate panel on Oct. 28 held that a trial court erred in not conducting an in camera review of the emails to determine if privilege barred their disclosure (League of California Cities v. The Superior Court of San Diego County, et al., No. D067969, Calif. App., 4th Dist.; 2015 Cal. App. LEXIS 962).

Mealey's Toxic Tort/Environmental - California Court Affirms Jury's Asbestos Award To Former Architect

LOS ANGELES - A defendant's attack on a jury's $1,175,000 noneconomic asbestos damages award "relies on a defective rationale" because the outcome relies on the entire record and not just expert testimony, a California appeals court held Oct. 28 (Marie Marteney v. Union Carbide Corp., et al., Nos. B252711, B253265, Calif. App., 2nd Dist., Div. 4).

Mealey's PI/Product Liability - Judge: Take $9.1M Verdict Remitted To $828,153 Or Face January Retrial

LOS ANGELES - Saying that a jury's $9.1 million verdict in a Durom hip trial was "hasty and excessive," a California state court judge on Oct. 27 granted defendant Zimmer Inc.'s motion for new trial unless the plaintiff accepts a remittitur to $828,153 (Thomas McAllister, et al. v. Zimmer, Inc., et al., No. BC444834, Calif. Super., Los Angeles Co.).

Mealey's Litigation Procedure - $15 Billion Class Action Over Facebook's Internet Tracking Activities Dismissed

SAN JOSE, Calif. - A California federal judge on Oct. 23 dismissed a consolidated, putative class action against Facebook Inc., in which the plaintiffs sought in excess of $15 billion for the social network's purported tracking of their online activities (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.; 2015 U.S. Dist. LEXIS 145142).

Mealey's Litigation Procedure - False Advertising Claims Over Craft Beer Dismissed, With Leave To Amend

SAN DIEGO - A California federal judge on Oct. 26 deemed deficient allegations that MillerCoors LLC falsely advertised its Belgian-style wheat beer "Blue Moon" as a craft beer but granted a plaintiff leave to amend (Evan Parent v. MillerCoors LLC, No. 15-1204, S.D. Calif.).

Mealey's Antitrust/Unfair Competition - False Advertising Claims Over Craft Beer Dismissed, With Leave To Amend

SAN DIEGO - A California federal judge on Oct. 26 deemed deficient allegations that MillerCoors LLC falsely advertised its Belgian-style wheat beer "Blue Moon" as a craft beer but granted a plaintiff leave to amend (Evan Parent v. MillerCoors LLC, No. 15-1204, S.D. Calif.).

Mealey's Litigation Procedure - Florida Couple Sues Apple Over Data Plan Overages From Wi-Fi Assist Activation

SAN JOSE, Calif. - In a putative class action complaint filed in California federal court on Oct. 23, a Florida couple says that the default setting of the "Wi-Fi Assist" application (app) that was included in the most recent iPhone operating system update caused them to be charged for unknowingly going over their phone plans' allotted cellular data allowance (William Scott Phillips, et al. v. Apple Inc., No. 5:15-cv-04879, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Florida Couple Sues Apple Over Data Plan Overages From Wi-Fi Assist Activation

SAN JOSE, Calif. - In a putative class action complaint filed in California federal court on Oct. 23, a Florida couple says that the default setting of the "Wi-Fi Assist" application (app) that was included in the most recent iPhone operating system update caused them to be charged for unknowingly going over their phone plans' allotted cellular data allowance (William Scott Phillips, et al. v. Apple Inc., No. 5:15-cv-04879, N.D. Calif.).

Mealey's PI/Product Liability - No Coverage Owed To Costco For Product Liability Suit, California Panel Affirms

LOS ANGELES - A California appeals panel on Oct. 27 affirmed a lower court's ruling that no coverage is owed to Costco Wholesale Corp. for a product liability lawsuit because it is not an additional insured under a general liability insurance policy that was issued to a tire manufacturer (Costco Wholesale Corp. v. Tokio Marine And Nichido Fire Insurance Company Limited, et. al., No. B250794, Calif. App., 2nd Dist., Div. 5).

Mealey's Insurance - Judge OKs $330,117 Settlement Between Liquidation Estate, Guaranty Associations

HARRISBURG, Pa. - A Pennsylvania judge on Oct. 23 approved a settlement agreement between the estate of an insolvent insurer and a number of states' insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001; California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 3 REL 2014; California Insurance Guarantee Association, Objector v. Reliance Insurance Company in Liquidation, No. 4 REL 2014, Pa. Cmwlth.).

Mealey's IP/Tech - False Advertising Claims Over Craft Beer Dismissed, With Leave To Amend

SAN DIEGO - A California federal judge on Oct. 26 deemed deficient allegations that MillerCoors LLC falsely advertised its Belgian-style wheat beer "Blue Moon" as a craft beer but granted a plaintiff leave to amend (Evan Parent v. MillerCoors LLC, No. 15-1204, S.D. Calif.).

Mealey's Banking & Finance - Federal Judge Remands Mortgage-Related Claims To California Court

LOS ANGELES - A California federal judge on Oct. 26 remanded a borrower's mortgage-related claims against several lenders for violation of state law to a state court, finding that the district court lacked jurisdiction (Manuel H. Lopez Jr. v. NationStar Mortgage LLC, et al., No. 15-03288, C.D. Calif.; 2015 U.S. Dist. LEXIS 145694).

Mealey's Antitrust/Unfair Competition - 2nd Circuit Finds Keurig Coffee Maker Will Not Cause Losses To Other Company

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court's decision in favor of Keurig Green Mountain Inc. to dismiss claims for violation of California's unfair competition law (UCL) and other claims against it, finding a lack of evidence to show that its new coffee maker will cause another manufacturer's business to suffer significant losses (JBR, Inc. v. Keurig Green Mountain Inc., No. 14-3578, 2nd Cir.; 2015 U.S. App. LEXIS 18625).

Mealey's IP/Tech - Florida Couple Sues Apple Over Data Plan Overages From Wi-Fi Assist Activation

SAN JOSE, Calif. - In a putative class action complaint filed in California federal court on Oct. 23, a Florida couple says that the default setting of the "Wi-Fi Assist" application (app) that was included in the most recent iPhone operating system update caused them to be charged for unknowingly going over their phone plans' allotted cellular data allowance (William Scott Phillips, et al. v. Apple Inc., No. 5:15-cv-04879, N.D. Calif.).

Mealey's IP/Tech - $15 Billion Class Action Over Facebook's Internet Tracking Activities Dismissed

SAN JOSE, Calif. - A California federal judge on Oct. 23 dismissed a consolidated, putative class action against Facebook Inc., in which the plaintiffs sought in excess of $15 billion for the social network's purported tracking of their online activities (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.; 2015 U.S. Dist. LEXIS 145142).

Mealey's Insurance - No Coverage Owed To Costco For Product Liability Suit, California Panel Affirms

LOS ANGELES - A California appeals panel on Oct. 27 affirmed a lower court's ruling that no coverage is owed to Costco Wholesale Corp. for a product liability lawsuit because it is not an additional insured under a general liability insurance policy that was issued to a tire manufacturer (Costco Wholesale Corp. v. Tokio Marine And Nichido Fire Insurance Company Limited, et. al., No. B250794, Calif. App., 2nd Dist., Div. 5).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Claims Related To Rejection Of Loan Modification

SAN FRANCISCO - A California federal judge on Oct. 23 granted a motion to dismiss claims for negligence, violation of California's unfair competition law (UCL) and other causes of action against the servicers of a loan, finding that borrowers failed to submit any new facts to support their claims (William Temple, et al. V. Bank of America National Association, et al., No. 5:15cv133, N.D. Calif.; 2015 U.S. Dist. LEXIS 144460).

Mealey's Banking & Finance - Federal Judge Dismisses Claims Related To Rejection Of Loan Modification

SAN FRANCISCO - A California federal judge on Oct. 23 granted a motion to dismiss claims for negligence, violation of California's unfair competition law (UCL) and other causes of action against the servicers of a loan, finding that borrowers failed to submit any new facts to support their claims (William Temple, et al. V. Bank of America National Association, et al., No. 5:15cv133, N.D. Calif.; 2015 U.S. Dist. LEXIS 144460).