LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - California High Court: Texts, Emails On Private Accounts Subject To Disclosure

SAN FRANCISCO - Government agencies' "[e]mployees' communications about official agency business may be subject to" disclosure under the California Public Records Act (CPRA) even if they were sent or received via personal email or phone accounts, the California Supreme Court ruled March 2, reversing and remanding an appeals court's decision (City of San Jose, et al. v. The Superior Court of Santa Clara County and Ted Smith, No. S218066, Calif. Sup., 2017 Cal. LEXIS 1607).

Mealey's Litigation Procedure - Class In Facebook Message-Scanning Suit Seeks Approval Of Settlement

OAKLAND, Calif. - In a March 1 motion in California federal court, the plaintiffs in a class action accusing Facebook Inc. of privacy violations in its scanning of users' private messages (PMs) seek preliminary approval of a settlement with the social network, noting changes that Facebook has made to its allegedly illegal practices (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.).

Mealey's Litigation Procedure - Judge Partially Dismisses Claims On Retailer's Advertisements On Thread Count

SAN FRANCISCO - A California federal judge on Feb. 28 refused to grant a retailer's motion to dismiss claims for violation of California's unfair competition law (UCL) and for false advertising, but granted dismissal with leave to amend in relation to claims for products that he did not purchase (William Rushing v. Williams-Sonoma Inc., et al., No. 16-cv-01421, N.D. Calif., 2017 U.S. Dist. LEXIS 28227).

Mealey's IP/Tech - Judge Finds Claims Related To Patents Must Be Reviewed Under Korean Law

SAN JOSE, Calif. - A California federal judge on Feb. 24 partially granted a motion filed by a former employee of a company that makes high-voltage power conversion systems to dismiss certain claims related to his alleged theft of proprietary information to obtain patents, finding that some of the claims should be adjudicated under Korean law (Power Integrations Inc. v. Chan-Woong Park, No. 16-cv-02367, N.D. Calif., 2017 U.S. Dist. LEXIS 26467).

Mealey's Antitrust/Unfair Competition - Judge Finds Claims Related To Patents Must Be Reviewed Under Korean Law

SAN JOSE, Calif. - A California federal judge on Feb. 24 partially granted a motion filed by a former employee of a company that makes high-voltage power conversion systems to dismiss certain claims related to his alleged theft of proprietary information to obtain patents, finding that some of the claims should be adjudicated under Korean law (Power Integrations Inc. v. Chan-Woong Park, No. 16-cv-02367, N.D. Calif., 2017 U.S. Dist. LEXIS 26467).

Mealey's Antitrust/Unfair Competition - Judge Partially Dismisses Claims On Retailer's Advertisements On Thread Count

SAN FRANCISCO - A California federal judge on Feb. 28 refused to grant a retailer's motion to dismiss claims for violation of California's unfair competition law (UCL) and for false advertising, but granted dismissal with leave to amend in relation to claims for products that he did not purchase (William Rushing v. Williams-Sonoma Inc., et al., No. 16-cv-01421, N.D. Calif., 2017 U.S. Dist. LEXIS 28227).

Mealey's Litigation Procedure - Federal Judge Trims Claims In LeapFrog Securities Class Action

SAN FRANCISCO - A lead plaintiff in a securities class action has failed to show that a developer of educational entertainment for children and two of its executive officers acted with scienter in failing to report goodwill impairment for the second quarter of 2015, but the lead plaintiff has pleaded scienter regarding the defendants' failure to take certain write-offs in the third quarter of the fiscal year, a federal judge in California ruled Feb. 24 in granting in part and denying in part the defendants' motion to dismiss (In re LeapFrog Enterprises Inc. Securities Litigation, No. 15-0347, N.D. Calif., 2017 U.S. Dist. LEXIS 26398).

Mealey's Labor & Employment - Avon Will Pay $1.8 Million To Settle District Sales Managers' Class Wage Claims

SAN JOSE, Calif. - Under a settlement agreement that was granted final approval by a California federal judge on Feb. 24, Avon Products Inc. will pay $1.8 million to end a class complaint filed by California district sales managers (DSMs) who alleged that they were improperly denied overtime wages (Jacqueline Cavalier Nelson v. Avon Products, Inc., et al., No. 13-2276, N.D. Calif., 2017 U.S. Dist. LEXIS 26451).

Mealey's Litigation Procedure - Approval Sought For $22.5 Million Settlement Of Google AdWords Class Action

SAN JOSE, Calif. - In a Feb. 23 motion in California federal court, the plaintiffs in a putative class action over Google Inc.'s AdWords program seek preliminary approval of a $22.5 million settlement of their claims against the internet giant under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Approval Sought For $22.5 Million Settlement Of Google AdWords Class Action

SAN JOSE, Calif. - In a Feb. 23 motion in California federal court, the plaintiffs in a putative class action over Google Inc.'s AdWords program seek preliminary approval of a $22.5 million settlement of their claims against the internet giant under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's IP/Tech - Texas Magistrate Judge Denies Broadcom Bid To Transfer Patent Litigation

MARSHALL, Texas - A Texas infringement plaintiff prevailed Feb. 27 in response to a motion by Broadcom Ltd. and several other defendants to transfer the dispute to the U.S. District Court for the Northern District of California (Godo Kaisha IP Bridge 1 v. Broadcom Ltd., et al., No. 16-134, E.D. Texas, 2017 U.S. Dist. LEXIS 26755).

Mealey's Litigation Procedure - Avon Will Pay $1.8 Million To Settle District Sales Managers' Class Wage Claims

SAN JOSE, Calif. - Under a settlement agreement that was granted final approval by a California federal judge on Feb. 24, Avon Products Inc. will pay $1.8 million to end a class complaint filed by California district sales managers (DSMs) who alleged that they were improperly denied overtime wages (Jacqueline Cavalier Nelson v. Avon Products, Inc., et al., No. 13-2276, N.D. Calif., 2017 U.S. Dist. LEXIS 26451).

Mealey's IP/Tech - Approval Sought For $22.5 Million Settlement Of Google AdWords Class Action

SAN JOSE, Calif. - In a Feb. 23 motion in California federal court, the plaintiffs in a putative class action over Google Inc.'s AdWords program seek preliminary approval of a $22.5 million settlement of their claims against the internet giant under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's PI/Product Liability - All Claims Involving Allegedly Failed Medtronic Drug Pump Dismissed As Preempted

FRESNO, Calif. - A California federal judge on Feb. 24 dismissed as preempted all of a plaintiff's claims involving a Medtronic Inc. SynchroMed II drug pump but gave the plaintiff leave to file an amended complaint within 21 days (Michael Martin v. Medtronic, Inc., et al., No. 15-994, E.D. Calif., 2017 U.S. Dist. LEXIS 26350).

Mealey's Securities/D&O Liability - Federal Judge Trims Claims In LeapFrog Securities Class Action

SAN FRANCISCO - A lead plaintiff in a securities class action has failed to show that a developer of educational entertainment for children and two of its executive officers acted with scienter in failing to report goodwill impairment for the second quarter of 2015, but the lead plaintiff has pleaded scienter regarding the defendants' failure to take certain write-offs in the third quarter of the fiscal year, a federal judge in California ruled Feb. 24 in granting in part and denying in part the defendants' motion to dismiss (In re LeapFrog Enterprises Inc. Securities Litigation, No. 15-0347, N.D. Calif., 2017 U.S. Dist. LEXIS 26398).

Mealey's Insurance - California Panel Upholds Rulings Requiring Man To Repay Unemployment Benefits

SAN JOSE, Calif. - A California appeals panel on Feb. 24 upheld a trial court's decision to deny a man's request for a writ of mandate that would allow him to retain unemployment benefits he received from November 2008 through March 2013, finding that he obtained the benefits through misrepresentations (Abhijit Prasad v. California Unemployment Insurance Appeals Board, No. H041590, Calif. App., 6th Dist., 2017 Calif. App. Unpub. LEXIS 1349).

Mealey's Litigation Procedure - Uber Sued For Trade Secret, Patent Violations In California Federal Court

SAN FRANCISCO - Waymo LLC - a Google Inc. division devoted to the development of self-driving cars - accused Uber Technologies Inc. of "calculated theft" in a patent infringement and trade secret misappropriation complaint filed in the U.S. District Court for the Northern District of California on Feb. 23 (Waymo LLC v. Uber Technologies Inc., et al., No. 17-939, N.D. Calif.).

Mealey's Labor & Employment - Costco Wage Settlement For Truck Drivers Is Rejected By Federal Judge

SAN DIEGO - A California federal judge on Feb. 22 denied preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims and ordered plaintiffs' counsel to show why sanctions should not be imposed after counsel agreed to file an amended complaint that added a Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., claim that was subsequently released in the settlement agreement without any additional compensation to the class (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 24964).

Mealey's IP/Tech - Uber Sued For Trade Secret, Patent Violations In California Federal Court

SAN FRANCISCO - Waymo LLC - a Google Inc. division devoted to the development of self-driving cars - accused Uber Technologies Inc. of "calculated theft" in a patent infringement and trade secret misappropriation complaint filed in the U.S. District Court for the Northern District of California on Feb. 23 (Waymo LLC v. Uber Technologies Inc., et al., No. 17-939, N.D. Calif.).

Mealey's Litigation Procedure - Costco Wage Settlement For Truck Drivers Is Rejected By Federal Judge

SAN DIEGO - A California federal judge on Feb. 22 denied preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims and ordered plaintiffs' counsel to show why sanctions should not be imposed after counsel agreed to file an amended complaint that added a Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et seq., claim that was subsequently released in the settlement agreement without any additional compensation to the class (Douglas Thompson, et al. v. Costco Wholesale Corporation, et al., No. 14-2778, S.D. Calif., 2017 U.S. Dist. LEXIS 24964).

Mealey's Litigation Procedure - California Federal Magistrate Denies Motion To Compel In Pokemon Copyright Case

SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon Company International Inc. v. Shopify Inc., No. 16-80272, N.D. Calif., 2017 U.S. Dist. LEXIS 24987).

Mealey's Labor & Employment - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).

Mealey's Antitrust/Unfair Competition - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).

Mealey's Insurance - Judge Orders BMW To Show Cause As To Why UCL Case Should Not Be Transferred

LOS ANGELES - A California federal judge on Feb. 21 ordered a car manufacturer to show cause as to why its claims for violation of California's unfair competition law and trademark infringement should not be transferred to another venue (BMW of North America, LLC, et al. v. Michael Chambers, et al., No. 17-0846, C.D. Calif., 2017 U.S. Dist. LEXIS 24096).

Mealey's Litigation Procedure - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).