LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Grants Stein Mart's Motion To Compel On 'Compare At' Claims

RIVERSIDE, Calif. - A California federal judge on Jan. 10 granted a retailer's motion to compel supplemental responses to certain discovery requests from a purchaser who asserts claims for violation of California's unfair competition law (UCL), false advertising and other claims related to its pricing (Marilyn Sperling v. Stein Mart Inc., et al., No. 15-1411, C.D. Calif.; 2017 U.S. Dist. LEXIS U.S. Dist. LEXIS 3668).

Mealey's Securities/D&O Liability - Judge: Investor Failed To Plead Demand Futility Under Either Prong Of Aronson

LOS ANGELES - An investor in a shareholder derivative lawsuit against 17 current and former executive officers and directors of a drug company has failed to show that the defendants were interested in the outcome of the litigation or that their actions were in violation of the business judgment rule under Aronson v. Lewis, a federal judge in California ruled Jan. 10 in granting the company's motion to dismiss (Judy Durgin v. Kevin Sharer, et al., No. 07-3001, C.D. Calif.).

Mealey's Insurance - Panel: Insurer Entitled To Recoupment Of Costs Defending Trade Secret Dispute

SAN FRANCISCO - A California appeals panel on Jan. 10 affirmed a lower court's grant of summary judgment in favor of an insurer seeking recoupment of the costs it incurred in defending its agents against claims it brought against the agents involving trade secrets (State Farm Fire And Casualty Co. v. Richard Pyorre, No. A147302, Calif. App., 1st Dist., Div. 1).

Mealey's Toxic Tort/Environmental - Monsanto Co. Denies Exposure To Roundup Could Have Caused Man's 'Alleged' Cancer

SAN FRANCISCO - Monsanto Co. on Jan. 6 filed an answer in one of the cases that is part of the multidistrict litigation pending in California federal court related to injuries allegedly caused by Roundup, denying that exposure to the herbicide "did or could have caused" the plaintiff's "alleged" non-Hodgkin lymphoma (NHL) (In Re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif.).

Mealey's Toxic Tort/Environmental - 3 Glyphosate Injury Cases Transferred To Roundup Products Liability MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Jan. 6 transferred three more glyphosate-injury lawsuits to the Roundup products litigation MDL pending in the U.S. District Court for the Northern District of California (In Re: Roundup Production Liability Litigation, MDL No. 2741, JPMDL).

Mealey's Antitrust/Unfair Competition - Judge Finds California Law Provision In Facebook Terms Is Enforceable

SAN FRANCISCO - After finding that a California choice-of-law clause in Facebook Inc.'s terms of service is enforceable, a California federal judge on Jan. 9 granted the social media's company's motion to dismiss claims for violation of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) (Jose Palomino, et al. v. Facebook Inc., No. 16-cv-04230, N.D. Calif.; 2017 U.S. Dist. LEXIS 2971).

Mealey's Antitrust/Unfair Competition - Judge Finds Domino's Did Not Misappropriate Trade Secrets Or Violate UCL

SAN FRANCISCO - After finding that a wireless communications company failed to show the reasonable efforts necessary to maintain its claim for misappropriation of trade secrets and failed to plead facts to support its cause of action for violation of California's unfair competition law (UCL), a California federal judge on Jan. 6 granted a pizza franchise's motion to dismiss the claims against it (Prostar Wireless Group LLC v. Domino's Pizza Inc., No. 3:16-cv-05399, N.D. Calif.; 2017 U.S. Dist. LEXIS 2999).

Mealey's IP/Tech - Email Preservation Ordered In Russian Railcar Firm's Trade Secrets Lawsuit

SAN JOSE, Calif. - Finding that a Russian railcar company had demonstrated a likelihood of success in its claims against two former employees under the Defend Trade Secrets Act (DTSA), a California federal judge on Jan. 6 ordered the hosts of the employees' email accounts to preserve all electronic data associated with those accounts (OOO Brunswick Rail Management, et al. v. Richard Sultanov, et al., No. 5:17-cv-00017, N.D. Calif.; 2017 U.S. Dist. LEXIS 2343).

Mealey's Litigation Procedure - Federal Judge Transfers Employee's Class Claims Against Food Group

SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).

Mealey's Labor & Employment - Federal Judge Transfers Employee's Class Claims Against Food Group

SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).

Mealey's Banking & Finance - Judge Allows Deutsche Bank To Amend Claims Related To Default Notices

SAN DIEGO - A California federal judge on Jan. 5 granted a bank's request to assert counterclaims against borrowers and to add various counterdefendants to an action in which property owners assert claims for violation of California's unfair competition law (UCL), the Truth in Lending Act (TILA) and other causes of action, finding that amendment would not prejudice the claimants (Rick J. Hinrichsen, et al. v. Quality Loan Service Corporation, et al., No. 16cv0690, S.D. Calif.; 2017 U.S. Dist. LEXIS 1670).

Mealey's Antitrust/Unfair Competition - Judge Allows Deutsche Bank To Amend Claims Related To Default Notices

SAN DIEGO - A California federal judge on Jan. 5 granted a bank's request to assert counterclaims against borrowers and to add various counterdefendants to an action in which property owners assert claims for violation of California's unfair competition law (UCL), the Truth in Lending Act (TILA) and other causes of action, finding that amendment would not prejudice the claimants (Rick J. Hinrichsen, et al. v. Quality Loan Service Corporation, et al., No. 16cv0690, S.D. Calif.; 2017 U.S. Dist. LEXIS 1670).

Mealey's Antitrust/Unfair Competition - Federal Judge Transfers Employee's Class Claims Against Food Group

SAN FRANCISCO - A California federal judge on Jan. 6 granted a request by several companies to transfer an employee's class claims for violation of California's unfair competition law (UCL) and other causes of action related to alleged employment violations, finding that transfer to another federal court was appropriate because various factors, including the convenience of witnesses, weighed in favor of the transfer (Jorge Perez v. Performance Food Group Inc., et al., No. 15-cv-02390, N.D. Calif.; 2017 U.S. Dist. LEXIS 2319).

Mealey's Litigation Procedure - Email Preservation Ordered In Russian Railcar Firm's Trade Secrets Lawsuit

SAN JOSE, Calif. - Finding that a Russian railcar company had demonstrated a likelihood of success in its claims against two former employees under the Defend Trade Secrets Act (DTSA), a California federal judge on Jan. 6 ordered the hosts of the employees' email accounts to preserve all electronic data associated with those accounts (OOO Brunswick Rail Management, et al. v. Richard Sultanov, et al., No. 5:17-cv-00017, N.D. Calif.; 2017 U.S. Dist. LEXIS 2343).

Mealey's PI/Product Liability - California Jury Awards Man $35 Million In Car Crash Negligence Suit

LOS ANGELES - A California jury on Jan. 9 awarded a man who was injured in a traffic accident $35 million after finding that the state transportation department knew about a hazard at an intersection in Los Angeles and that another driver was negligent and caused the crash (Nick Ekbatani v. CalTrans, et al., No. BC504902, Calif. Super., Los Angeles Co.).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses UCL Claim Against MERS For Failure To Amend

SAN FRANCISCO - After finding that a borrower failed to amend her claims for violation of California's unfair competition law (UCL) and declaratory relief, a California federal judge on Jan. 3 granted a motion to dismiss a second amended complaint against lenders in relation to a mortgage (Modesta Jacinto v. Ditech Financial LLC, et al., No. 16-cv-02815, N.D. Calif.; 2017 U.S. Dist. LEXIS 1012).

Mealey's Banking & Finance - Federal Judge Dismisses UCL Claim Against MERS For Failure To Amend

SAN FRANCISCO - After finding that a borrower failed to amend her claims for violation of California's unfair competition law (UCL) and declaratory relief, a California federal judge on Jan. 3 granted a motion to dismiss a second amended complaint against lenders in relation to a mortgage (Modesta Jacinto v. Ditech Financial LLC, et al., No. 16-cv-02815, N.D. Calif.; 2017 U.S. Dist. LEXIS 1012).

Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Willful Patent Infringement Claims

SAN FRANCISCO - Allegations that a defendant willfully infringed five patents will proceed in light of a Jan. 5 ruling by a California federal judge, in a dispute over quantum dot technology (Nanosys Inc. v. QD Vision Inc., No. 16-1957, N.D. Calif.; 2017 U.S. Dist. LEXIS 1085).

Mealey's Antitrust/Unfair Competition - Judge Finds No Jurisdiction Over Rental-Related Claims Against Landlord

SACRAMENTO, Calif. - After finding that a tenant's single federal claim failed, a California federal judge on Jan. 3 dismissed claims for violation of California's unfair competition law (UCL) and the Rehabilitation Act against a landlord for lack of jurisdiction (Angelica Francis v. Accessible Space Inc., et al., No. 2:16-cv-1016, E.D. Calif.; 2017 U.S. Dist. LEXIS 425).

Mealey's Litigation Procedure - Investors' Securities Claims Fail To Meet Pleading Requirements, Judge Rules

SAN FRANCISCO - Shareholders in a securities class action lawsuit against a specialty oil products manufacturer and distributor, certain of its current and former officers and directors and underwriters of two stock offerings failed to plead falsity in making their federal securities law claims because their claims failed to meet the strict pleading standards of the Private Securities Litigation Reform Act (PSLRA) and Federal Rule of Civil Procedure 9(b), a federal judge in California ruled Dec. 29 (Norfolk County Retirement System, et al. v. Solazyme Inc., et al., No. 15-2938, N.D. Calif.; 2016 U.S. Dist. LEXIS 179949).

Mealey's Insurance - Judge: OK To Register Arbitration Award Ruling In California Federal Court

NEW YORK - A federal judge in New York on Dec. 3 granted a pair of judgment creditors' motion to register a New York federal court's earlier order in a federal court in California where the party owing a $7.8 million arbitration award allegedly has substantial property (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.).

Mealey's Securities/D&O Liability - Investors' Securities Claims Fail To Meet Pleading Requirements, Judge Rules

SAN FRANCISCO - Shareholders in a securities class action lawsuit against a specialty oil products manufacturer and distributor, certain of its current and former officers and directors and underwriters of two stock offerings failed to plead falsity in making their federal securities law claims because their claims failed to meet the strict pleading standards of the Private Securities Litigation Reform Act (PSLRA) and Federal Rule of Civil Procedure 9(b), a federal judge in California ruled Dec. 29 (Norfolk County Retirement System, et al. v. Solazyme Inc., et al., No. 15-2938, N.D. Calif.; 2016 U.S. Dist. LEXIS 179949).

Mealey's IP/Tech - Judge Declines To Stay Injunction On Video-Streaming Service Pending Appeal

LOS ANGELES - A California federal judge on Dec. 29 declined to stay pending appeal a preliminary injunction issued against a video on demand (VOD) provider, finding that the balance of hardships weighed in favor of the plaintiff movie studios that have demonstrated a likelihood of success on their copyright infringement claims against the VOD firm (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 2:16-cv-04109, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Magistrate Recommends Dismissal Of Foreclosure-Related Claims Against Loan Servicer

SACRAMENTO, Calif. - After finding no evidence to support a borrower's claims for wrongful foreclosure and violation of California's unfair competition law (UCL), a California federal magistrate judge on Dec. 22 recommended that his claims against a loan servicer be dismissed without leave to amend (Timothy Mulgrew Jr. v. Green Tree Servicing LLC, et al., No. 2:14cv2998, E.D. Calif.; 2016 U.S. Dist. LEXIS 177715).

Mealey's Litigation Procedure - Judge Finds No Facts To Support False Advertising Claims Against Ralph Lauren

SAN DIEGO - A California federal judge on Dec. 20 granted a clothing retailer's motion to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims for false advertising in relation to its pricing, finding that she failed to allege facts to support her class action claims (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).