SAN RAMON, Calif. - A settlement agreement between Chevron Corp. and a California litigation services firm in which the firm withdrew its support of a case against Chevron in Ecuador and has agreed to relinquish its share in a $9.5 billion Ecuadorian court judgment to Chevron was released Sept. 4.
LOS ANGELES - A California federal bankruptcy judge did not abuse her discretion when enforcing a stipulation under which an attorney must stop filing claims with two asbestos personal injury trusts and transfer pending claims to other attorneys, a federal judge in the state ruled Sept. 3 (Michael J. Mandelbrot, et al. v. J.T. Thorpe Settlement Trust and Thorpe Insulation Company Asbestos Settlement Trust, No. 14-03883, C.D. Calif.; 2015 U.S. Dist. LEXIS 117941).
WASHINGTON, D.C. - A California federal judge's summary judgment determination of patent invalidity was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 8, in a dispute over a medical device (Ivera Medical Corporation v. Hospira Inc., No. 14-1613, -1614, Fed. Cir.).
SACRAMENTO, Calif. - A commercial umbrella liability insurance policy does not clearly specify that a self-insured retention (SIR) applies to the umbrella provision only and that the $1.5 million SIR applies to the excess provision, a California federal judge ruled Sept. 1, denying partial summary judgment to the insurer (D.R. Horton, Inc. - Sacramento v. National Union Fire Insurance Company of Pittsburgh, PA, and AIG Specialty Insurance Co., No. 14-2155, E.D. Calif.; 2015 U.S. Dist. LEXIS 117318).
LOS ANGELES - A California federal judge on Aug. 31 remanded a borrower's claims for violation of California's unfair competition law (UCL) to a state court for lack of jurisdiction, finding that a bank failed to show that the amount in controversy met jurisdictional requirements (Raymond Mott Jr. v. Wells Fargo Bank, N.A., et al., No. 15-5783, C.D. Calif.; 2015 U.S. Dist. LEXIS 116501).
SANTA ANA, Calif. - A lead plaintiff's credit card statements are relevant to establishing his putative class claim under California's Consumers Legal Remedies Act (CLRA), a California federal magistrate ruled Aug. 31, declining to quash a subpoena served on the credit card issuer by defendant Barnes & Noble Inc. (BN) (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).
SAN FRANCISCO - A California federal judge on Sept. 1 partially certified a class of drivers who have driven in California for Uber Technologies Inc. and allege that they were improperly classified as independent contractors and denied reimbursement for all necessary expenditures, as well the full amount of gratuity left by customers (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.; 2015 U.S. Dist. LEXIS 116482).
SAN JOSE, Calif. - A California federal judge on Sept. 2 issued two orders: The first granted a motion for final approval of a $415 million settlement with Adobe Systems Inc., Apple Inc., Google Inc. and Intel Corp. on employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law, and the second partially granted motions for attorney fees, reimbursement of expenses and service awards (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).
LOS ANGELES - In a jointly filed stipulation on Sept. 2, Sony Pictures Entertainment Inc. and a putative class of former employees whose personally identifying information (PII) was purportedly compromised in a 2014 network breach asked a California federal court to continue existing hearing and certification deadlines, citing a newly reached "agreement in principle to settle all" existing claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).
SAN FRANCISCO - In a consolidated complaint filed Aug. 28 in California federal court, three Illinois residents allege violations of an Illinois biometrics statute by Facebook Inc. in the social network's "Tag Suggestions" feature for pictures (Carlo Licata, et al. v. Facebook Inc., No. 3:15-cv-03748, N.D. Calif.).
SAN FRANCISCO - Chipotle Mexican Grill Inc., a Mexican fast-food chain, is deceiving its customers by claiming that its products are free of genetically modified organisms (GMOs), a California woman claims in her class complaint filed Aug. 28 in the U.S. District Court for the Northern District of California (Colleen Gallagher, et al. v. Chipotle Mexican Grill, Inc., No. 15-3952, N.D. Calif.).
SAN FRANCISCO - The creator of the PhantomALERT smart phone and global positioning system (GPS) device applications (apps) on Sept. 1 filed a copyright infringement lawsuit in California federal court, asserting that its proprietary database was copied and used in the competing Waze app (PhantomALERT Inc. v. Google Inc., et al., No. 3:15-cv-03986, N.D. Calif.).
MARSHALL, Texas - Efforts by two patent infringement defendants to transfer the allegations levied against them to the U.S. District Court for the Northern District of California were rejected Sept. 1 by a Texas federal magistrate judge (Core Wireless Licensing S.A.R.L. v. LG Electronics Inc. et al., No. 14-911, E.D. Texas; 2015 U.S. Dist. LEXIS 115801).
LOS ANGELES - A California federal judge on Aug. 28 denied a motion for class certification in a suit alleging that administrative and management fees charged by a retirement plan provider are excessive because the requirement of predominance is not satisfied as there are numerous individual questions that would have to be answered based on a plan-by-plan analysis (Jaclyn Santomenno et al. V. Transamerica Life Insurance Co. et al., No. 12-02782, C.D. Calif.; 2015 U.S. Dist. LEXIS 114829).
SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary or property damages (Alice J. Benham v. First America Home Buyers Protection Corp., et al., No. 141034, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 6265).
LOS ANGELES - A California federal judge found Aug. 28 that an insured's claim seeking a declaration regarding his right to reimbursement of defense costs is not yet ripe for a ruling, denying the insured's motion for partial summary judgment in a directors and officers liability coverage dispute (John B. Clark Jr. v. Travelers Casualty Insurance Company of America, No. 14-08248, C.D. Calif.; 2015 U.S. Dist. LEXIS 114877).
SAN FRANCISCO - A California federal judge did not err in granting a new trial on trade dress infringement allegations, nor in his decision to exclude a plaintiff's damages expert at the new trial and bar the plaintiff from seeking lost profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 31 (Stop Staring! Designs v. Tatyana LLC, d/b/a Bettie Page Clothing, No. 13-55051, 9th Cir.; 2015 U.S. App. LEXIS 15388).