LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - California Jury Returns Defense Verdict For 5 In Asbestos Trial

OAKLAND, Calif. - Five defendants secured a defense verdict on Sept. 21 in an Alameda County asbestos trial alleging exposure to friction parts, including a brake-grinding machines manufacturer (Steve C. Swasey and Virginia R. Swasey v. Asbestos Companies, No. RG15758585, Calif. Super., Alameda Co.).

Mealey's Litigation Procedure - Magistrate Judge Gives Final Approval Of Settlement In CVS Wage Class Action

FRESNO, Calif. - A California magistrate judge on Sept. 22 granted final approval of a $900,000 settlement to pay claims brought by distribution center employees of CVS Pharmacy Inc., settling causes of action related to wages and violation of California's unfair competition law (UCL,) and granted the claimants' motion for attorney fees (Leticia Ceja-Corona, et al. v. CVS Pharmacy, Inc., No. 12-1868, E.D. Calif.; 2015 U.S. Dist. LEXIS 126885).

Mealey's Labor & Employment - Magistrate Judge Gives Final Approval Of Settlement In CVS Wage Class Action

FRESNO, Calif. - A California magistrate judge on Sept. 22 granted final approval of a $900,000 settlement to pay claims brought by distribution center employees of CVS Pharmacy Inc., settling causes of action related to wages and violation of California's unfair competition law (UCL,) and granted the claimants' motion for attorney fees (Leticia Ceja-Corona, et al. v. CVS Pharmacy, Inc., No. 12-1868, E.D. Calif.; 2015 U.S. Dist. LEXIS 126885).

Mealey's Litigation Procedure - Federal Judge Finds Removal Was Proper Under New York Convention

LOS ANGELES - A California federal judge on Sept. 18 found that a solar corporation's claims against two Chinese entities were directly related to an underlying arbitration agreement and that its breach of contract claims were properly removed to federal court (Sunvalley Solar Inc. v. CEEG [Shanghai] Solar, et al., No. 15-5099, C.D. Calif.; 2015 U.S. Dist. LEXIS 125199).

Mealey's Banking & Finance - Federal Judge Finds Foreclosure Claims Are Barred By Res Judicata

LOS ANGELES - A California federal judge on Sept. 22 granted a motion to dismiss a case filed by a borrower in relation to the foreclosure of her home, finding that all of her claims were barred by a previous court case (Tiffany Lee v. JP Morgan Chase Bank, N.A., et al., No. 2:15-cv-04061, C.D. Calif.; 2015 U.S. Dist. LEXIS 126128).

Mealey's Antitrust/Unfair Competition - Magistrate Judge Gives Final Approval Of Settlement In CVS Wage Class Action

FRESNO, Calif. - A California magistrate judge on Sept. 22 granted final approval of a $900,000 settlement to pay claims brought by distribution center employees of CVS Pharmacy Inc., settling causes of action related to wages and violation of California's unfair competition law (UCL,) and granted the claimants' motion for attorney fees (Leticia Ceja-Corona, et al. v. CVS Pharmacy, Inc., No. 12-1868, E.D. Calif.; 2015 U.S. Dist. LEXIS 126885).

Mealey's Bankruptcy - Lawyer Says Manville Trust Unlawfully Disallowed Submission Of His Claims

NEW YORK - The trustees of the asbestos trust established in the landmark Chapter 11 case of Johns-Manville Corp. abused their discretion and breached their fiduciary duties of impartiality and loyalty when they decided to disallow the submission of claims from a California attorney based on allegations that he has filed unreliable claim-related evidence with other asbestos personal injury settlement trusts, the attorney said Sept. 21 in his answer to the Johns-Manville trust's declaratory judgment adversary complaint (In re Johns-Manville Corporation, et al., No. 82-11656 [Manville Personal Injury Settlement Trust v. Michael J. Mandelbrot and The Mandelbrot Law Firm, No. 15-01296], S.D. N.Y. Bkcy.).

Mealey's Toxic Tort/Environmental - California Jury Returns Defense Verdict For 5 In Asbestos Trial

OAKLAND, Calif. - Five defendants secured a defense verdict on Sept. 21 in an Alameda County asbestos trial alleging exposure to friction parts, including a brake-grinding machines manufacturer (Steve C. Swasey and Virginia R. Swasey v. Asbestos Companies, No. RG15758585, Calif. Super., Alameda Co.).

Mealey's Litigation Procedure - 9th Circuit Reverses Denial Of Class Certification In Google AdWords Suit

SAN FRANCISCO - Concluding that a trial court "erred by conflating restitution calculation with the liability inquiry" for claims brought under California's unfair competition law (UCL) and false advertising law (FAL), a Ninth Circuit U.S. Court of Appeals panel on Sept. 21 reversed a ruling that denied a putative class's motion for certification in its claims that Google Inc. misled them under its AdWords advertising program (Pulaski & Middleman LLC, et al. v. Google Inc., No. 12-16752, 9th Cir.; 2015 U.S. App. LEXIS 16723).

Mealey's Antitrust/Unfair Competition - 9th Circuit Reverses Denial Of Class Certification In Google AdWords Suit

SAN FRANCISCO - Concluding that a trial court "erred by conflating restitution calculation with the liability inquiry" for claims brought under California's unfair competition law (UCL) and false advertising law (FAL), a Ninth Circuit U.S. Court of Appeals panel on Sept. 21 reversed a ruling that denied a putative class's motion for certification in its claims that Google Inc. misled them under its AdWords advertising program (Pulaski & Middleman LLC, et al. v. Google Inc., No. 12-16752, 9th Cir.; 2015 U.S. App. LEXIS 16723).

Mealey's Antitrust/Unfair Competition - Volkswagen Hit With Consumers' Class Action After EPA Issues Pollution Violation

RIVERSIDE, Calif. - Seven owners of Volkswagen Group of America Inc. vehicles filed a class complaint in California federal court on Sept. 20 accusing the car maker of intentionally installing software on more than 482,000 diesel vehicles that circumvents U.S. Environmental Protection Agency emissions standards for certain air pollutants (Michael McCabe, et al. v. Volkswagen Group of America, Inc., No. 15-1930, C.D. Calif.).

Mealey's Litigation Procedure - Volkswagen Hit With Consumers' Class Action After EPA Issues Pollution Violation

RIVERSIDE, Calif. - Seven owners of Volkswagen Group of America Inc. vehicles filed a class complaint in California federal court on Sept. 20 accusing the car maker of intentionally installing software on more than 482,000 diesel vehicles that circumvents U.S. Environmental Protection Agency emissions standards for certain air pollutants (Michael McCabe, et al. v. Volkswagen Group of America, Inc., No. 15-1930, C.D. Calif.).

Mealey's IP/Tech - 9th Circuit Reverses Denial Of Class Certification In Google AdWords Suit

SAN FRANCISCO - Concluding that a trial court "erred by conflating restitution calculation with the liability inquiry" for claims brought under California's unfair competition law (UCL) and false advertising law (FAL), a Ninth Circuit U.S. Court of Appeals panel on Sept. 21 reversed a ruling that denied a putative class's motion for certification in its claims that Google Inc. misled them under its AdWords advertising program (Pulaski & Middleman LLC, et al. v. Google Inc., No. 12-16752, 9th Cir.; 2015 U.S. App. LEXIS 16723).

Mealey's Litigation Procedure - Investor Failed To State Claim, Judge Rules In Dismissing Securities Claims

OAKLAND, Calif. - Dismissal of federal claims in a securities class action lawsuit is proper because a lead plaintiff has failed to state a viable claim for relief against a software provider and certain of its executive officers, a federal judge in California ruled Sept. 17 (Viswanath V. Shankar v. Imperva Inc., et al., No. 14-1680, N.D. Calif.; 2015 U.S. Dist. LEXIS 125279).

Mealey's Litigation Procedure - Yahoo Seeks Summary Judgment In Email Scanning Class Action

SAN JOSE, Calif. - In a Sept. 19 summary judgment motion in California federal court, Yahoo Inc. asserts that its email scanning functions, which are at the heart of a privacy class action, comprise beneficial antivirus functions and benign targeted advertising but do not violate asserted federal and state privacy laws (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.).

Mealey's PI/Product Liability - Court Finds Take-Home Asbestos Pipe Exposures Barred By Workers' Comp

LOS ANGELES - The state's workers' compensation exclusivity provision bars a tort action alleging exposures to asbestos from pipes a man brought home from work because it involves the same mesothelioma his occupational exposure triggered, a California appeals panel held Sept. 17 (Mary Melendrez, et al. v. Ameron International Corp., Nos. B256928, B259423, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 820).

Mealey's Labor & Employment - Court Finds Take-Home Asbestos Pipe Exposures Barred By Workers' Comp

LOS ANGELES - The state's workers' compensation exclusivity provision bars a tort action alleging exposures to asbestos from pipes a man brought home from work because it involves the same mesothelioma his occupational exposure triggered, a California appeals panel held Sept. 17 (Mary Melendrez, et al. v. Ameron International Corp., Nos. B256928, B259423, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 820).

Mealey's Banking & Finance - Federal Judge Dismisses California Law Claims, Finds No Foreclosure Pending

OAKLAND, Calif. - A California federal judge on Sept. 16 granted a bank's motion to dismiss a property owner's foreclosure-related claims against it, finding that his claims were precluded by the lack of any pending foreclosure sale (David P. Garcia v. PNC Mortgage, No. 14-cv-3543, N.D. Calif.; 2015 U.S. Dist. LEXIS 123920).

Mealey's Toxic Tort/Environmental - Court Finds Take-Home Asbestos Pipe Exposures Barred By Workers' Comp

LOS ANGELES - The state's workers' compensation exclusivity provision bars a tort action alleging exposures to asbestos from pipes a man brought home from work because it involves the same mesothelioma his occupational exposure triggered, a California appeals panel held Sept. 17 (Mary Melendrez, et al. v. Ameron International Corp., Nos. B256928, B259423, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. LEXIS 820).

Mealey's Securities/D&O Liability - Investor Failed To State Claim, Judge Rules In Dismissing Securities Claims

OAKLAND, Calif. - Dismissal of federal claims in a securities class action lawsuit is proper because a lead plaintiff has failed to state a viable claim for relief against a software provider and certain of its executive officers, a federal judge in California ruled Sept. 17 (Viswanath V. Shankar v. Imperva Inc., et al., No. 14-1680, N.D. Calif.; 2015 U.S. Dist. LEXIS 125279).

Mealey's Litigation Procedure - Facebook Seeks Dismissal Of Lead Plaintiffs In Privacy Class Action

SAN JOSE, Calif. - Social media giant Facebook Inc. told a California federal court in a Sept. 18 motion that the named plaintiffs in a five-year-old putative class action do not have standing to bring their privacy claims under Article III of the U.S. Constitution because they have not established any third-party access of their personal information or any injury in fact, thus meriting dismissal of the case (In Re: Facebook Privacy Litigation, No. 5:10-cv-02389, N.D. Calif.).

Mealey's IP/Tech - Yahoo Seeks Summary Judgment In Email Scanning Class Action

SAN JOSE, Calif. - In a Sept. 19 summary judgment motion in California federal court, Yahoo Inc. asserts that its email scanning functions, which are at the heart of a privacy class action, comprise beneficial antivirus functions and benign targeted advertising but do not violate asserted federal and state privacy laws (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.).

Mealey's IP/Tech - Plaintiff Seeks Discovery Sanctions Against Apple In Flash Memory Patent Suit

SAN FRANCISCO - An intellectual property holding and licensing firm filed a motion in California federal court Sept. 14, seeking an award of sanctions against Apple Inc. for what it calls unjustified misrepresentation of the technology giant's knowledge of the flash memory patents in suit prior to the filing of the present lawsuit, which it says resulted in prejudice and the dismissal of willful infringement claims (Longitude Licensing Ltd., et al. v. Apple Inc., No. 3:14-cv-4275, N.D. Calif.).

Mealey's Litigation Procedure - Twitter User Claims Privacy Violations In Reading, Altering Of Private Messages

SAN FRANCISCO - Social network provider Twitter Inc. was hit with a putative class action Sept. 14, when a Texas man filed a complaint in California federal court, alleging violations of the Electronic Communications Privacy Act (ECPA) and the California Invasion of Privacy Act (***) by Twitter's purported intercepting, reading and sometimes altering private messages between Twitter users (Wilford Raney v. Twitter Inc., No. 3:15-cv-04191, N.D. Calif.).

Mealey's Litigation Procedure - Plaintiff Seeks Discovery Sanctions Against Apple In Flash Memory Patent Suit

SAN FRANCISCO - An intellectual property holding and licensing firm filed a motion in California federal court Sept. 14, seeking an award of sanctions against Apple Inc. for what it calls unjustified misrepresentation of the technology giant's knowledge of the flash memory patents in suit prior to the filing of the present lawsuit, which it says resulted in prejudice and the dismissal of willful infringement claims (Longitude Licensing Ltd., et al. v. Apple Inc., No. 3:14-cv-4275, N.D. Calif.).