LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Grants Final Approval Of $15M Securities Class Action Settlement

LOS ANGELES - A federal judge in California on Dec. 8 granted final approval of a $15 million securities class action settlement, ruling that the settlement, plan of allocation and attorneys' fees sought are reasonable (Mark Roberti v. OSI Systems Inc., et al., No. 13-9174, C.D. Calif.; 2015 U.S. Dist. LEXIS 164312).

Mealey's IP/Tech - Copyright Claims By Video Game Developers Dismissed In California

SAN FRANCISCO - Allegations of copyright infringement levied in connection with mobile games fail to state a plausible claim, a California federal judge ruled Dec. 8 (Blizzard Entertainment Inc., et al. v. Lilith Games [Shanghai] Co. Ltd., et al., No. 15-4084, N.D. Calif.; 2015 U.S. Dist. LEXIS 164527).

Mealey's Antitrust/Unfair Competition - Federal Judge Allows UCL Claim Against Bank Of America To Proceed

RIVERSIDE, Calif. - A California federal judge on Dec. 9 dismissed certain claims against a bank and loan servicer in relation to loan modification applications, but allowed a property owner's claim for violation of California's unfair competition law (UCL) to proceed (Triphina Lesley v. Bank of America, N.A., et al., No. 15-01696, C.D. Calif.; 2015 U.S. Dist. LEXIS 165241).

Mealey's Securities/D&O Liability - Judge Grants Final Approval Of $15M Securities Class Action Settlement

LOS ANGELES - A federal judge in California on Dec. 8 granted final approval of a $15 million securities class action settlement, ruling that the settlement, plan of allocation and attorney fees sought are reasonable (Mark Roberti v. OSI Systems Inc., et al., No. 13-9174, C.D. Calif.; 2015 U.S. Dist. LEXIS 164312).

Mealey's Litigation Procedure - California Court Affirms Denial Of Class Certification Of Care Facility Employees

FRESNO, Calif. - A California court on Dec. 7 affirmed a trial court's decision to deny a motion for class certification filed by a former employee, finding that a care facility did not violate California's unfair competition law (UCL) or the California Labor Code when it required new employees to sign an agreement that they would eat their meals with clients (Yvonne Palacio v. Jan & Gail's Care Homes, Inc., No. F070861, Calif. App., 5th Cir.; 2015 Cal. App. LEXIS 1093).

Mealey's Labor & Employment - California Court Affirms Denial Of Class Certification Of Care Facility Employees

FRESNO, Calif. - A California court on Dec. 7 affirmed a trial court's decision to deny a motion for class certification filed by a former employee, finding that a care facility did not violate California's unfair competition law (UCL) or the California Labor Code when it required new employees to sign an agreement that they would eat their meals with clients (Yvonne Palacio v. Jan & Gail's Care Homes, Inc., No. F070861, Calif. App., 5th Cir.; 2015 Cal. App. LEXIS 1093).

Mealey's IP/Tech - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).

Mealey's Insurance - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).

Mealey's Antitrust/Unfair Competition - California Court Affirms Denial Of Class Certification Of Care Facility Employees

FRESNO, Calif. - A California court on Dec. 7 affirmed a trial court's decision to deny a motion for class certification filed by a former employee, finding that a care facility did not violate California's unfair competition law (UCL) or the California Labor Code when it required new employees to sign an agreement that they would eat their meals with clients (Yvonne Palacio v. Jan & Gail's Care Homes, Inc., No. F070861, Calif. App., 5th Cir.; 2015 Cal. App. LEXIS 1093).

Mealey's Insurance - 'ZIP Code Case Under Any Other Label Remains A ZIP Code Case,' 9th Circuit Says

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 7 affirmed a lower federal court's ruling that insurers have no duty to defend their insured against underlying claims that it infringed on privacy rights in violation of the Song-Beverly Act of 1991, California Civil Code Section 1747.08(a)-(b) (Big 5 Sporting Goods Corp. v. Zurich American Insurance Co., et al., No. 13-56249, 9th Cir.; 2015 U.S. App. LEXIS 21185).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Unfair Competition, Wiretap Act Suit Over Apple's IMessages

SAN JOSE, Calif. - The plaintiffs in a lawsuit alleging that Apple Inc. unlawfully intercepted messages sent from Apple phones to non-Apple phone users failed to establish that any interception actually occurred, a California federal judge ruled Nov. 30, disposing of their claims under the Wiretap Act and California's unfair competition law (UCL) (Adam Backhaut, et al. v. Apple Inc., No. 5:14-cv-02285, N.D. Calif.; 2015 U.S. Dist. LEXIS 161147).

Mealey's Labor & Employment - Testimony On Sign Language Communication Allowed In Employee Discrimination Case

SACRAMENTO, Calif. - In an employee discrimination case alleging violation of the Americans with Disabilities Act (ADA), a psychologist may testify on a woman's functional ability to communicate in American Sign Language (ASL) and in English, a California federal judge ruled Nov. 25 (United States Equal Employment Opportunity Commission v. Placer Arc d/b/a Placer Advocacy Resources & Choices, No. 13-0577, E.D. Calif.; 2015 U.S. Dist. LEXIS 159585).

Mealey's Litigation Procedure - Judge Appoints Lead Plaintiff, Lead Counsel In Securities Class Action Suit

SAN FRANCISCO - A federal judge in California on Dec. 3 granted a shareholder's motion for appointment as lead counsel in a securities class action lawsuit, ruling that the shareholder has met all statutory requirements for serving in such a role (Howard Welgus v. TriNet Group Inc., et al., No. 15-3625, N.D. Calif.; 2015 U.S. Dist. LEXIS 162547).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses California Law Claims Related To Supplement Label

SAN DIEGO - A California federal judge on Dec. 4 granted a nutrition corporation's motion to dismiss claims for violation of California's unfair competition law (UCL) and California law in relation the labeling and marketing of a supplement for men but granted the plaintiff leave to amend the complaint (Ryan Vigil v. General Nutrition Corporation, No. 15cv0079, S.D. Calif.; 2015 U.S. Dist. LEXIS 163115).

Mealey's Securities/D&O Liability - Judge Appoints Lead Plaintiff, Lead Counsel In Securities Class Action Suit

SAN FRANCISCO - A federal judge in California on Dec. 3 granted a shareholder's motion for appointment as lead counsel in a securities class action lawsuit, ruling that the shareholder has met all statutory requirements for serving in such a role (Howard Welgus v. TriNet Group Inc., et al., No. 15-3625, N.D. Calif.; 2015 U.S. Dist. LEXIS 162547).

Mealey's PI/Product Liability - U.S. Supreme Court: Sovereign Immunity Bars Austrian Train Injury Suit

WASHINGTON, D.C. - The Foreign Sovereign Immunities Act bars a California woman's suit against the Austrian state-owned railway after she lost both her legs in an accident, a unanimous U.S. Supreme Court ruled Dec. 1 (OBB Personenverkehr AG v. Carol P. Sachs, No. 13-1067, U.S. Sup.; 2015 U.S. LEXIS 7670).

Mealey's Litigation Procedure - Judge Declines To Remand Consolidated Anthem Data Breach Case, Citing ERISA

SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).

Mealey's Labor & Employment - Judge Declines To Remand Consolidated Anthem Data Breach Case, Citing ERISA

SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).

Mealey's Insurance - Notice Of Removal In Bad Faith Lawsuit Was Untimely, Judge Rules

FRESNO, Calif. - Remand of an insurance breach of contract and bad faith lawsuit to state court is proper, a federal judge in California ruled Nov. 23, because an insurer's notice of removal was untimely (Todd Stone v. Travelers Property Casualty Insurance Co., et al., No. 15-1411, E.D. Calif.; 2015 U.S. Dist. LEXIS 158119).

Mealey's Labor & Employment - Divided Argument Request Granted In Teachers' Union Fee High Court Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 30 granted a request by the California attorney general for divided argument in the appeal of a case over agency-fee requirements for non-union workers (Rebecca Friedrichs, et al. v. California Teachers Association, et al., No. 14-915, U.S. Sup.).

Mealey's IP/Tech - Judge Finds Expert Is Neutral For Copyright Suit Between Oracle, Google Over Java Use

SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).

Mealey's Labor & Employment - Federal Judge Finds Stock Options Expired Under Employment Contract

SAN JOSE, Calif. - A California federal judge on Nov. 20 granted summary judgment for an employer on claims of breach of contract and violation of California's unfair competition law (UCL), finding that a one-year expiration date provision in a former's employee's contract applied to her stock options (Soonhee Jang v. Dupont E.I. De Nemours & Co., No. 15-cv-03719, N.D. Calif.; 2015 U.S. Dist. LEXIS 158180).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds Stock Options Expired Under Employment Contract

SAN JOSE, Calif. - A California federal judge on Nov. 20 granted summary judgment for an employer on claims of breach of contract and violation of California's unfair competition law (UCL), finding that a one-year expiration date provision in a former's employee's contract applied to her stock options (Soonhee Jang v. Dupont E.I. De Nemours & Co., No. 15-cv-03719, N.D. Calif.; 2015 U.S. Dist. LEXIS 158180).

Mealey's Toxic Tort/Environmental - United States Says Public Property Claim Should Be Dismissed

SAN FRANCISCO - The United States on Nov. 23 filed a motion in federal court in California seeking to dismiss claims brought by man who sued the government after a large seedpod fell on his head at a national park and caused permanent damage (Sean J. Mace v. U.S. of America, et al., No. 3:15cv4060, N.D. Calif.).