LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Federal Judge Allows Class Action Claims In Wage Dispute To Continue

FRESNO, Calif. - A federal judge in California on June 5 declined to dismiss a class action lawsuit accusing an employer of violating wage and labor laws and the state's unfair competition law (UCL) by allegedly failing to pay employees for non-piecework completed (Jaime Perez, et al. v. Sun Pacific Farming Cooperative Inc., No. 15-259, E.D. Calif.; 2015 U.S. Dist. LEXIS 73986).

Mealey's Banking & Finance - Federal Judge Allows Property Owners' Deceptive Lending Claims To Proceed

SAN FRANCISCO - A California federal judge on June 8 refused to dismiss numerous claims asserted by a homeowner who alleged that he was fraudulently induced by a loan broker into entering a reverse mortgage, but found that claims against a bank and loan servicer should be dismissed with leave to amend (Willie York, et al. v. Bank of America, et al., No. 14-cv-02471, N.D. Calif.; 2015 U.S. Dist. LEXIS 74013).

Mealey's PI/Product Liability - 9th Circuit Panel Affirms Dismissal Of Claims In Securities Class Action

PASADENA, Calif. - A federal judge in California did not err in dismissing claims in a securities class action lawsuit because the lead plaintiff in the action failed to plead a material misrepresentation or scienter, a Ninth Circuit U.S. Court of Appeals panel ruled June 5 (Fresno County Employees' Retirement Association v. Alphatec Holdings Inc., et al., No. 13-55661, 9th Cir.).

Mealey's Litigation Procedure - 9th Circuit Panel Affirms Dismissal Of Claims In Securities Class Action

PASADENA, Calif. - A federal judge in California did not err in dismissing claims in a securities class action lawsuit because the lead plaintiff in the action failed to plead a material misrepresentation or scienter, a Ninth Circuit U.S. Court of Appeals panel ruled June 5 (Fresno County Employees' Retirement Association v. Alphatec Holdings Inc., et al., No. 13-55661, 9th Cir.).

Mealey's Litigation Procedure - California Magistrate Judge Partly Quashes Subpoena In Copyright Action

LOS ANGELES - Efforts by photographer Barry Rosen, who previously sued eBay Inc. over its "Verified Rights Owner" (VERO) program (Barry Rosen v. eBay Inc. and Does 1 through 1000, No. 07-7531, C.D. Calif.), to subpoena the online auction site pursuant to the Digital Millennium Copyright Act (DMCA) were partly thwarted by a California federal magistrate judge on June 5 (In re: DMCA Subpoena to eBay Inc., No. 15-922, S.D. Calif.; 2015 U.S. Dist. LEXIS 73341).

Mealey's Litigation Procedure - Class Suit Against Pepsi For Toxic Levels Of Chemicals In Beverages To Continue

SAN FRANCISCO - A federal judge in California on June 5 declined to dismiss a class action lawsuit accusing Pepsico Inc. of violating state laws, including the unfair competition law (UCL), by misleading the public about the levels of the harmful and carcinogenic chemical called 4-Methylimidazole (4-Mel) contained in its Pepsi beverages (Stacy Sciortino, et al. v. Pepsico Inc., Nos. 14-478, 14-713, 14-1099, 14-1105, 14-1192, 14-1193, 14-1316, 14-1316, N.D. Calif.; 2015 U.S. Dist. LEXIS 73336).

Mealey's IP/Tech - Judge Dismisses UCL Claim From Dispute Over Mobile Technologies

SAN JOSE, Calif. - A federal judge in California on June 5 dismissed a state unfair competition law (UCL) claim from a dispute over whether an enterprise mobility management (EMM) solutions provider disseminated marketing materials disparaging the quality of the plaintiff's mobile data and device management technologies but allowed claims brought under the Lanham Act to continue (Good Technology Corp., et al. v. MobileIron Inc., No. 12-5826, N.D. Calif.; 2015 U.S. Dist. LEXIS 73271).

Mealey's Antitrust/Unfair Competition - Class Suit Against Pepsi For Toxic Levels Of Chemicals In Beverages To Continue

SAN FRANCISCO - A federal judge in California on June 5 declined to dismiss a class action lawsuit accusing Pepsico Inc. of violating state laws, including the unfair competition law (UCL), by misleading the public about the levels of the harmful and carcinogenic chemical called 4-Methylimidazole (4-Mel) contained in its Pepsi beverages (Stacy Sciortino, et al. v. Pepsico Inc., Nos. 14-478, 14-713, 14-1099, 14-1105, 14-1192, 14-1193, 14-1316, 14-1316, N.D. Calif.; 2015 U.S. Dist. LEXIS 73336).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim From Dispute Over Mobile Technologies

SAN JOSE, Calif. - A federal judge in California on June 5 dismissed a state unfair competition law (UCL) claim from a dispute over whether an enterprise mobility management (EMM) solutions provider disseminated marketing materials disparaging the quality of the plaintiff's mobile data and device management technologies but allowed claims brought under the Lanham Act to continue (Good Technology Corp., et al. v. MobileIron Inc., No. 12-5826, N.D. Calif.; 2015 U.S. Dist. LEXIS 73271).

Mealey's Securities/D&O Liability - 9th Circuit Panel Affirms Dismissal Of Claims In Securities Class Action

PASADENA, Calif. - A federal judge in California did not err in dismissing claims in a securities class action lawsuit because the lead plaintiff in the action failed to plead a material misrepresentation or scienter, a Ninth Circuit U.S. Court of Appeals panel ruled June 5 (Fresno County Employees' Retirement Association v. Alphatec Holdings Inc., et al., No. 13-55661, 9th Cir.).

Mealey's IP/Tech - California Magistrate Judge Partly Quashes Subpoena In Copyright Action

LOS ANGELES - Efforts by photographer Barry Rosen, who previously sued eBay Inc. over its "Verified Rights Owner" (VERO) program (Barry Rosen v. eBay Inc. and Does 1 through 1000, No. 07-7531, C.D. Calif.), to subpoena the online auction site pursuant to the Digital Millennium Copyright Act (DMCA) were partly thwarted by a California federal magistrate judge on June 5 (In re: DMCA Subpoena to eBay Inc., No. 15-922, S.D. Calif.; 2015 U.S. Dist. LEXIS 73341).

Mealey's IP/Tech - California Federal Judge Denies Attorney Fee Award In Trademark Case

SAN FRANCISCO - Despite prevailing on allegations that it infringed the "Fitbug" trademark, Fitbit Inc. was denied an award of attorney fees June 5 by a California federal judge (Fitbug Ltd. v. Fitbit Inc., No. 13-1418, N.D. Calif.; 2015 U.S. Dist. LEXIS 73325).

Mealey's Litigation Procedure - Man Files Class Action Lawsuit Over May 15 California Pipeline Spill

LOS ANGELES - A California man filed a class action lawsuit in federal court on June 1, seeking economic losses for commercial fishermen and coastal businesses that suffered damages as the result of the May 15 rupture of a pipeline owned by Plains All American Pipeline L.P. that resulted in the discharge of more than 100,000 gallons of crude oil along the Santa Barbara, Calif., shoreline, asserting that the company should have installed an emergency shut-off valve for that portion of the pipeline (Stace Cheverez, et al. v. Plains All American Pipeline, No. 15,cv-4113-CBM-JEM, C.D. Calif.).

Mealey's Banking & Finance - Federal Judge Dismisses Case, Finds Homeowner Was Notified Of Default

RIVERSIDE, Calif. - After finding that a homeowner received notice of default on her mortgage loan and notice of a trustee's sale, a California federal judge on June 1 granted a bank's motion to dismiss the case in its entirety (Nancy Siqueiros v. Federal National Mortgage Association as Successor in Interest to Bank of America Corporation, et al., No. 13-01789, C.D. Calif.; 2015 U.S. Dist. LEXIS 71286).

Mealey's Toxic Tort/Environmental - Man Files Class Action Lawsuit Over May 15 California Pipeline Spill

LOS ANGELES - A California man filed a class action lawsuit in federal court on June 1, seeking economic losses for commercial fishermen and coastal businesses that suffered damages as the result of the May 15 rupture of a pipeline owned by Plains All American Pipeline L.P. that resulted in the discharge of more than 100,000 gallons of crude oil along the Santa Barbara, Calif., shoreline, asserting that the company should have installed an emergency shut-off valve for that portion of the pipeline (Stace Cheverez, et al. v. Plains All American Pipeline, No. 15,cv-4113-CBM-JEM, C.D. Calif.).

Mealey's Litigation Procedure - Federal Judge Finds Labeling Violations Are Predicate Unlawful Acts Under UCL

SAN FRANCISCO - A federal judge in California on May 27 granted plaintiffs' two motions for partial summary judgment in their class action suit accusing a manufacturer of cosmetic products of improperly labeling its products as organic in violation of the state's unfair competition law (UCL), finding that California Organic Products Act (COPA) violations are "predicate unlawful acts" under the UCL and that representations on COPA-violating products are per se "material" under the UCL, that such representations are per se deceptive under the UCL's fraud prong and that material misrepresentations create a "presumption of classwide reliance" under the Consumers Legal Remedies Act (CLRA) (Rosminah Brown, et al. v. The Hain Celestial Group Inc., No. 11-3082, N.D. Calif.; 2015 U.S. Dist. LEXIS 67912).

Mealey's Litigation Procedure - Federal Judge Finds Chinese Manufacturer Waived Right To Removal, Remands Case

SAN DIEGO - After finding that a Chinese maker of golf clubs waived its right to removal under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, a California federal judge on June 1 granted a California corporation's motion to remand a contract dispute (Paradigm Solutions Group Inc. v. Shanghai Precision Technology Corp.; et al., No. 15-CV-539, S.D. Calif.; 2015 U.S. Dist. LEXIS 70596).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds Labeling Violations Are Predicate Unlawful Acts Under UCL

SAN FRANCISCO - A federal judge in California on May 27 granted plaintiffs' two motions for partial summary judgment in their class action suit accusing a manufacturer of cosmetic products of improperly labeling its products as organic in violation of the state's unfair competition law (UCL), finding that California Organic Products Act (COPA) violations are "predicate unlawful acts" under the UCL and that representations on COPA-violating products are per se "material" under the UCL, that such representations are per se deceptive under the UCL's fraud prong and that material misrepresentations create a "presumption of classwide reliance" under the Consumers Legal Remedies Act (CLRA) (Rosminah Brown, et al. v. The Hain Celestial Group Inc., No. 11-3082, N.D. Calif.; 2015 U.S. Dist. LEXIS 67912).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claims Over Anti-Aging Benefits Of Skin Care Products

LOS ANGELES - A federal judge in California on May 27 dismissed claims, including one brought under the state's unfair competition law (UCL), accusing the manufacturer of skin care products of falsely advertising its products anti-aging benefits (Geri Marshall v. PH Beauty Labs Inc., No. 15-2101, C.D. Calif.; 2015 U.S. Dist. LEXIS 68636).

Mealey's IP/Tech - Panel Affirms Dismissal Of Psychologist's Trademark Claims Against Google, Yahoo

SAN JOSE, Calif. - Finding no secondary meaning in a psychologist's name, a California appeals panel on May 27 affirmed a trial court's dismissal of her trademark claims against Google Inc. and Yahoo Inc., also affirming the lower court's discovery rulings and denial of a motion to file an amended complaint (Carla Ison v. Google Inc., et al., No. H039439, Calif. App., 6th Dist.; 2015 Cal. App. Unpub. LEXIS 3667).

Mealey's Antitrust/Unfair Competition - Panel Affirms Dismissal Of Psychologist's Trademark Claims Against Google, Yahoo

SAN JOSE, Calif. - Finding no secondary meaning in a psychologist's name, a California appeals panel on May 27 affirmed a trial court's dismissal of her trademark claims against Google Inc. and Yahoo Inc., also affirming the lower court's discovery rulings and denial of a motion to file an amended complaint (Carla Ison v. Google Inc., et al., No. H039439, Calif. App., 6th Dist.; 2015 Cal. App. Unpub. LEXIS 3667).

Mealey's Litigation Procedure - Class Certified For Stored Communications Act Claim Over Yahoo's Email Scanning

SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2015 U.S. Dist. LEXIS 68585).

Mealey's Banking & Finance - Federal Judge Allows Borrower's California Law Claims To Proceed

OAKLAND, Calif. - A California federal judge on May 27 found that a property owner failed to properly plead her claim under California Civil Code Section 2923.6 and dismissed the claim with leave to amend, but allowed her claims for violations of Section 2924.12 and California Business and Professions Code Section 17200 can proceed (Veronica A. Gonzales v. Wells Fargo Bank, N.A., No. 14-03850, N.D. Calif.; 2015 U.S. Dist. LEXIS 68554).

Mealey's IP/Tech - Class Certified For Stored Communications Act Claim Over Yahoo's Email Scanning

SAN JOSE, Calif. - A California federal judge on May 26 granted certification of a nationwide class in a lawsuit asserting that Yahoo Inc. violated the Stored Communications Act (SCA) by scanning the emails of people that are not subscribers of its Yahoo Mail service (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.; 2015 U.S. Dist. LEXIS 68585).

Mealey's Banking & Finance - Federal Judge Finds No Evidence To Support Fraud And UCL Claims Against Bank

SAN FRANCISCO - A California federal magistrate judge on May 26 granted a bank's motion to dismiss claims for fraud and violation of California's unfair competition law (UCL), finding that they failed to submit any evidence showing that a genuine issue exists for trial (Michael Peterson, et al. v. Wells Fargo Bank, N.A., No. 13-cv-03392, N.D. Calif.; 2015 U.S. Dist. LEXIS 67929).