LexisNexis® Legal Newsroom
Mealey's IP/Tech - California Federal Judge Partly Grants Google Dismissal Motion In Patent Case

SAN FRANCISCO - Allegations that Google Inc. willfully infringed various natural language processing patents were dismissed by a California federal judge on Oct. 19 on grounds that the claims are based exclusively on Google's alleged post-filing knowledge of the patents in suit (Word to Info Inc. v. Google Inc., No. 15-3486, N.D. Calif.; 2015 U.S. Dist. LEXIS 141966).

Mealey's Insurance - Liquidator: Insurer's Liquidation Estate More Than $10M Short Of Paying Claims

LOS ANGELES - The liquidator of an insolvent insurer told a California court on Oct. 16 that the insurer's assets are inadequate to pay certain known claims and that it is therefore necessary to terminate the liquidation proceeding (Insurance Commissioner of the State of California v. Golden State Mutual Life Insurance Company, No BS123005, Calif. Super., Los Angeles Co.).

Mealey's Insurance - Judge: Insured Failed To Cure Pleading Deficiencies In Bad Faith Lawsuit

SAN FRANCISCO - Dismissal of an insured's first amended complaint in an insurance breach of contract and bad faith lawsuit is proper because the insured failed to cure a number of discrepancies that led to the dismissal of the original complaint, a federal judge in California ruled Oct. 16 (Arryanne Moss v. Infinity Insurance Co., et al., No. 15-3456, N.D. Calif.; 2015 U.S. Dist. LEXIS 141311).

Mealey's Insurance - California Federal Judge Dismisses Portions Of Insurer's Counterclaims

SACRAMENTO, Calif. - A California federal judge on Oct. 16 dismissed an insurer's breach of contract counterclaim on the basis that the insureds did not breach their contract by filing environmental contamination claims they knew would not be covered under the policy because the insurer reserved the right to deny coverage for any noncovered claims (Lennar Mare Island LLC v. Steadfast Insurance Co., et al., No. 12-2182, E.D. Calif.; 2015 U.S. Dist. LEXIS 141305).

Mealey's Litigation Procedure - Magistrate Dismisses Former Uber Driver's Class Action Over Data Breach

SAN FRANCISCO - A former partner-driver of Uber Technologies Inc. failed to plead sufficient injury from the purported theft of his personally identifiable information (PII), a California federal magistrate judge ruled Oct. 19, granting Uber's motion to dismiss the putative unfair competition and failure to secure class claims against it (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.; 2015 U.S. Dist. LEXIS 141945).

Mealey's PI/Product Liability - Janssen Liable For $5.6M In Risperdal Death Trial In California State Court

LOS ANGELES - A California state court jury on Oct. 16 found that Janssen Research and Development LLC was negligent in a Risperdal clinical trial that resulted in the death of a 25-year-old schizophrenic man, and the court entered judgment against the defendant for $5.6 million for its share of liability (Augustine Liu, et al. v. Johnson & Johnson, et al., No. BC432264, Calif. Super., Los Angeles Co.).

Mealey's Toxic Tort/Environmental - Judge Finds Property Owner's Statute Of Limitations Defense Meritless

SAN FRANCISCO - A federal judge in California on Oct. 14 ruled that the current owner of an industrial and commercial property's statute of limitations defense against a counterclaimant's cost recovery claim under the Comprehensive Environmental Response, Compensation, and Liability Act is meritless because the current owner was unable to show that the lawsuit is time-barred under the three-year statute for removal actions or the six-year statute for remedial actions (Northern California River Watch v. Fluor Corp., et al., No. 10-cv-05105, N.D. Calif.; 2015 U.S. Dist. LEXIS 140047).

Mealey's Labor & Employment - Federal Judge Refuses To Compel Arbitration Of UCL And Employment Claims

LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).

Mealey's Litigation Procedure - Federal Judge Refuses To Compel Arbitration Of UCL And Employment Claims

LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).

Mealey's Banking & Finance - California Court Finds Claims Against Bank Barred By Res Judicata

LOS ANGELES - A California court on Oct. 13 affirmed the dismissal of a property owner's claims for violation of California's unfair competition law (UCL), breach of warranty and other claims, finding that the causes of action were barred by the "claim preclusion" concept in the doctrine of res judicata (Kirsten Cole v. J.P. Morgan Chase, N.A., No. B258403, Calif. App., 2nd Dist., Div. 5; 2015 Cal. App. Unpub. LEXIS 7353).

Mealey's Antitrust/Unfair Competition - Federal Judge Refuses To Compel Arbitration Of UCL And Employment Claims

LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).

Mealey's Toxic Tort/Environmental - Judge Denies Property Owner's Motion To Dismiss Tainted Groundwater Lawsuit

SAN FRANCISCO - The federal judge presiding over the lawsuit brought by the current owner of a contaminated property that has subsequently resulted in groundwater tainted with toxins ruled Oct. 14 that a group owning 28 acres on a portion of the property in question lacks affirmative defenses barring the lawsuit (Northern California River Watch v. Fluor Corporation, No. 10-05105, N.D. Calif.; 2015 U.S. Dist. LEXIS 140047).

Mealey's Antitrust/Unfair Competition - California Court Finds Claims Against Bank Barred By Res Judicata

LOS ANGELES - A California court on Oct. 13 affirmed the dismissal of a property owner's claims for violation of California's unfair competition law (UCL), breach of warranty and other claims, finding that the causes of action were barred by the "claim preclusion" concept in the doctrine of res judicata (Kirsten Cole v. J.P. Morgan Chase, N.A., No. B258403, Calif. App., 2nd Dist., Div. 5; 2015 Cal. App. Unpub. LEXIS 7353).

Mealey's Antitrust/Unfair Competition - California Court Affirms Dismissal Of Borrower's Foreclosure-Related Claims

SAN FRANCISCO - Noting that a borrower's numerous causes of action, including claims for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims were repeatedly dismissed in other cases, a California court on Oct. 13 affirmed dismissal of the case without leave to amend (Honorio R. Millari v. JP Morgan Chase Bank, N.A., No. A142272, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 7301).

Mealey's IP/Tech - Summary Judgment Denied By California Judge In Trademark Case

SAN DIEGO - Citing genuine issues of material fact surrounding the existence of an implied license to use a disputed trademark, a California federal judge on Oct. 13 denied a request by two defendants for summary judgment (Seth Wallack, et al. v. IDEXX Laboratories Inc., et al., No. 11-2996, S.D. Calif.).

Mealey's IP/Tech - Final Judgment In Apple, Samsung Case Summarily Affirmed By Federal Circuit

WASHINGTON, D.C. - A motion by Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. (Samsung, collectively) to stay enforcement of a final, $548 million judgment in California patent litigation with Apple Inc. was rejected Oct. 13 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics America Inc., No. 15-2088, Fed. Cir.).

Mealey's IP/Tech - Craigslist Granted Default Judgment Against Accused Online Content Scraper

SAN FRANCISCO - A man accused of "scraping" and copying the listings from the website of Craigslist Inc. had default judgment entered against him on Oct. 11 by a California federal judge, in light of the defendant's failure to respond to the claims against him by the online classified advertisement site operator (Craigslist Inc. v. 3Taps Inc., et al., No. 3:12-cv-03816, N.D. Calif.).

Mealey's Litigation Procedure - Class Of Disability Benefits Applicants Certified In Suit Over Disqualified Doctor

SAN FRANCISCO - A California federal judge on Oct. 9 certified a class of disability benefits applicants suing the acting commissioner of Social Security over the administration's decision to deny them benefits based on examinations performed by a doctor who was later disqualified (Kevin Hart, et al. v. Carolyn W. Colvin, No. 15-623, N.D. Calif.; 2015 U.S. Dist. LEXIS 138673).

Mealey's Labor & Employment - Calif. Federal Judge Certifies Class, Rejects Settlement In Cascade Wage Suit

FRESNO, Calif. - A California federal judge on Oct. 8 granted the motions for certification of the Federal Rule of Civil Procedure 23 class and conditional certification of the Fair Labor Standards Act (FLSA) collective action in the wage-and-hour complaint filed against Cascade Water Services Inc., but denied preliminary approval of the $150,000 settlement due to concerns about the fairness of it (Nicholas Millan, et al. v. Cascade Water Services, Inc., et al., No. 12-1821, E.D. Calif.; 2015 U.S. Dist. LEXIS 138666).

Mealey's PI/Product Liability - California Jury Returns Defense Verdict For 2 In Oil Refinery Asbestos Case

OAKLAND, Calif. - A California jury on Oct. 7 returned a verdict for two companies accused of exposing a man to asbestos at an oil refinery, sources told Mealey's Publications (James Harkin v. John Crane Inc., No. RG15758794, Calif. Super., Alameda Co.).

Mealey's IP/Tech - Symantec Wins Stay Of California Patent Infringement Litigation

SAN FRANCISCO - A California federal judge on Oct. 9 agreed with Symantec Corp. that a stay of patent infringement claims is warranted, while the U.S. Patent and Trademark Office (PTO) decides whether to institute inter partes review (IPR) of the claims asserted in the case (Finjan Inc. v. Symantec Corp., No. 14-2998, N.D. Calif.; 2015 U.S. Dist. LEXIS 138561).

Mealey's Litigation Procedure - Calif. Federal Judge Certifies Class, Rejects Settlement In Cascade Wage Suit

FRESNO, Calif. - A California federal judge on Oct. 8 granted the motions for certification of the Federal Rule of Civil Procedure 23 class and conditional certification of the Fair Labor Standards Act (FLSA) collective action in the wage-and-hour complaint filed against Cascade Water Services Inc., but denied preliminary approval of the $150,000 settlement due to concerns about the fairness of it (Nicholas Millan, et al. v. Cascade Water Services, Inc., et al., No. 12-1821, E.D. Calif.; 2015 U.S. Dist. LEXIS 138666).

Mealey's Litigation Procedure - Stay Denied In FCRA Class Suit; Judge Finds High Court Rulings Don't Affect Standing

SAN FRANCISCO - A California federal judge on Oct. 8 denied a defendant's motion to stay a Fair Credit Reporting Act (FCRA) suit pending the U.S. Supreme Court's resolution of Spokeo Inc. v. Robins (135 S. Ct. 1892 [2015]) and Tyson Foods Inc. v. Bouaphakeo (135 S. Ct. 2806 [2015]), finding that the plaintiff's alleged injuries in the present case clearly provide standing to pursue his claims no matter what the decision is in either high court case (John Doe v. Selection.com, No. 15-2338, N.D. Calif.; 2015 U.S. Dist. LEXIS 137903).

Mealey's Insurance - California Federal Judge Says Insured Owed Coverage Under Contamination Policy

SACRAMENTO, Calif. - An insured seeking coverage for more than $12 million in expenses that it incurred as a result of the suspension of its poultry operations because of salmonella contamination is owed coverage under a policy's accidental contamination coverage provision and the policy's government recall provision, a California federal judge said Oct. 9 (Foster Poultry Farms Inc. v. Certain Underwriters at Lloyd's London, No. 14-953, E.D. Calif.; 2015 U.S. Dist. LEXIS 138609).

Mealey's Toxic Tort/Environmental - California Jury Returns Defense Verdict For 2 In Oil Refinery Asbestos Case

OAKLAND, Calif. - A California jury on Oct. 7 returned a verdict for two companies accused of exposing a man to asbestos at an oil refinery, sources told Mealey Publications (James Harkin v. John Crane Inc., No. RG15758794, Calif. Super., Alameda Co.).