LexisNexis® Legal Newsroom
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).

Mealey's Insurance - Judge Approves $19 Million Distribution From Insolvent California Insurers

LOS ANGELES - A California judge on Oct. 22 granted the liquidator of a group of insolvent insurers' application to distribute more than $19 million to certain states' insurance guaranty associations (Insurance Commissioner of the State of California v. Superior National Insurance Company, No. BS061974, Calif. Super, Los Angeles Co.).

Mealey's PI/Product Liability - Baseball Fans File Amended Class Complaint Over Injuries At Major League Games

SAN FRANCISCO - Three baseball fans filed a first amended class complaint against the Office of the Commissioner of Baseball, the commissioner himself and the 30 Major League Baseball (MLB) teams on Oct. 23 in the U.S. District Court for the Northern District of California, alleging that a growing number of fans are horrifically injured at games each year in accidents that could be prevented with increased safety netting (Gail Payne, et al. v. Office of the Commissioner of Baseball, et al., No. 15-3229, N.D. Calif.).

Mealey's Litigation Procedure - Baseball Fans File Amended Class Complaint Over Injuries At Major League Games

SAN FRANCISCO - Three baseball fans filed a first amended class complaint against the Office of the Commissioner of Baseball, the commissioner himself and the 30 Major League Baseball (MLB) teams on Oct. 23 in the U.S. District Court for the Northern District of California, alleging that a growing number of fans are horrifically injured at games each year in accidents that could be prevented with increased safety netting (Gail Payne, et al. v. Office of the Commissioner of Baseball, et al., No. 15-3229, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Group Suing Gas Company For Groundwater Contamination: Answer Should Be Stricken

SAN FRANCISCO - A nonprofit group consisting of commercial fishermen and buyers in the San Francisco Bay who contend that the Pacific Gas & Electric Co. (PGEC) has contaminated soil, groundwater and the bay through its operation of manufactured gas plants (MGPs) on Oct. 22 moved in California federal court to strike PGEC's answer on grounds that the company failed to "fairly respond" to the substance of the allegations (San Francisco Herring Association v. Pacific Gas & Electric Company, No. 14-04393, N.D. Calif.).

Mealey's IP/Tech - Travel Site's Use Of 'Pin' Does Not Infringe Pinterest's Marks, Magistrate Finds

SAN FRANCISCO - Travel website operator Pintrips Inc. uses the term "pin" generically and not as a trademark, a California federal magistrate judge ruled Oct. 21, entering judgment against Pinterest Inc., which operates the popular website and social network application under that name (Pinterest Inc. v. Pintrips Inc., No. 3:13-cv-04608, N.D. Calif.; 2015 U.S. Dist. LEXIS 143394).

Mealey's Insurance - Court Erred By Enforcing Policy's 'Escape Clause,' California Panel Says In Reversal

SAN DIEGO - A California appeals panel on Oct. 23 held that an insurance policy's "escape clause" does not relieve an insurer from contributing to the defense costs in an underlying construction defects dispute, reversing and remanding a lower court's ruling (Underwriters of Interest Subscribing to Policy Number A15274001 v. ProBuilders Specialty Insurance Co., No. D066615, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. LEXIS 936).

Mealey's Litigation Procedure - Judge Dismisses UCL Class Claims Over Allegedly Unlawful Game Device

BALTIMORE - A Maryland federal judge on Oct. 21 dismissed a proposed class action filed by a woman who asserted claims for violation of California's unfair competition law (UCL) and penal code, in relation to a casino feature in a video game, finding that she failed to allege an economic injury and that she lacked standing to bring a claim under the UCL (Mia Mason v. Machine Zone Inc., No. 15-1107, D. Md.; 2015 U.S. Dist. LEXIS 142790).

Mealey's Labor & Employment - Minor League Baseball Players Granted Conditional Certification In Wage Row

SAN FRANCISCO - A California federal judge on Oct. 20 granted conditional certification to a group of minor league baseball players suing the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig for unpaid wages (Aaron Senne, et al. v. Kansas City Royals Baseball Corp., et al., No. 14-608, N.D. Calif.; 2015 U.S. Dist. LEXIS 143011).

Mealey's Litigation Procedure - Minor League Baseball Players Granted Conditional Certification In Wage Row

SAN FRANCISCO - A California federal judge on Oct. 20 granted conditional certification to a group of minor league baseball players suing the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig for unpaid wages (Aaron Senne, et al. v. Kansas City Royals Baseball Corp., et al., No. 14-608, N.D. Calif.; 2015 U.S. Dist. LEXIS 143011).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Class Claims Over Allegedly Unlawful Game Device

BALTIMORE - A Maryland federal judge on Oct. 21 dismissed a proposed class action filed by a woman who asserted claims for violation of California's unfair competition law (UCL) and penal code, in relation to a casino feature in a video game, finding that she failed to allege an economic injury and that she lacked standing to bring a claim under the UCL (Mia Mason v. Machine Zone Inc., No. 15-1107, D. Md.; 2015 U.S. Dist. LEXIS 142790).

Mealey's Litigation Procedure - Panel Upholds Convictions For Criminal Conduct Based On Sufficient Evidence

SAN FRANCISCO - Sufficient evidence and testimony existed to support most of the convictions of a man alleged to have committed a crime spree on the basis of being in a street gang, a California appeals panel affirmed Oct. 20; however, the panel reversed and vacated the sentences as to claims for receipt of stolen property and street terrorism (The People v. Joseph Blacknell, No. A135721, Calif. App., 1st Dist., Div. 1; 2015 Cal. App. Unpub. LEXIS 7578).