SANTA ANA, Calif. - Dismissal of claims in a securities class action lawsuit is proper because alleged false and misleading statements made by a quick-service restaurant chain, several of its executive officers and directors and others in a 2015 press release were forward-looking and protected under the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA) or were mere puffery and were nonactionable, a federal judge in California ruled July 25 (Daniel Turocy v. El Pollo Loco Holdings Inc., et al., No. 15-1343, C.D. Calif.).
SAN DIEGO - A California federal judge on July 25 denied a motion to decertify a class of workers suing over their employer's rounding practices based on a recent decision by the Ninth Circuit U.S. Court of Appeals in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership (821 F.3d 1069 [9th Cir. 2016]) (Naomi Tapia, et al. v. Zale Delaware Inc., No. 13-1565, S.D. Calif.; 2016 U.S. Dist. LEXIS 96801).
RIVERSIDE, Calif. - A California federal judge on July 25 denied a motion to remand a class complaint over the disclosure of employee information to a scammer, finding that the amount in controversy exceeds the minimum necessary for removal pursuant to the Class Action Fairness Act (CAFA) (Beverly Porras, et al. v. Sprouts Farmers Market, LLC, et al., No. 16-1005, C.D. Calif.; 2016 U.S. Dist. LEXIS 96805).
WASHINGTON, D.C. - A California federal judge did not err in concluding that counterclaims of breach of contract premised upon a purported license to use a disputed patent are not subject to arbitration, the Federal Circuit U.S. Court of Appeals ruled July 26 (Verinata Health Inc., et al. v. Ariosa Diagnostics Inc., No. 15-1970, Fed. Cir.; 2016 U.S. App. LEXIS 13557).
LOS ANGELES - A California federal judge on July 25 denied approval of a $20 million class settlement of 2,710 pelvic mesh cases against Caldera Medical Inc. because the settlement fund is only an estimate and because the settlement does not include the potential liquidated value of the medical device company (Federal Insurance Company v. Caldera Medical, Inc., et al., No. 15-393, C.D. Calif.).
SAN JOSE, Calif. - A group of consumers who purchased laptops that were preinstalled with purported malware filed a motion for class certification in California federal court on July 22 of their unlawful access, consumer protection and related claims against the computer manufacturer and the software developer (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).
SAN FRANCISCO - After finding that motions to dismiss claims asserted against various lenders in relation to a foreclosure relied on evidence outside of the pleadings, a California federal judge on July 22 converted it to a motion for summary judgment (Ernest L. Bonner v. Fay Servicing LLC, et al., No. 16-01363, N.D. Calif.; 2016 U.S. Dist. LEXIS 96784).
SAN DIEGO - A California federal judge on July 22 dismissed, with leave to amend, a class complaint accusing Dooney & Bourke Inc. (D&B) of falsely inflating "original" prices on its merchandise sold in outlet stores (Monica Rael, et al. v. Dooney & Bourke, Inc., et al., No. 16-371, S.D. Calif.; 2016 U.S. Dist. LEXIS 96175).
WASHINGTON, D.C. - A California federal judge's determination that Apple Inc. was entitled to a summary judgment that it did not infringe various claims of four patents was erroneous, the Federal Circuit U.S. Court of Appeals ruled July 22 (Unwired Planet LLC v. Apple Inc., No. 15-1725, Fed. Cir.; 2016 U.S. App. LEXIS 13364).
SAN JOSE, Calif. - A California federal judge on July 22 held that an insurer has failed to satisfy its burden of establishing that all claims alleged in underlying class actions are excluded from coverage under a "products/completed operations liability and professional liability" insurance policy's contractual liability exclusion, denying the insurer's motion for summary judgment in a coverage dispute over lawsuits arising from the insured's service of providing consumers with genetic data from saliva testing (Ironshore Specialty Insurance Co. v. 23andMe, Inc., No. 14-03286, N.D. Calif.; 2016 U.S. Dist. LEXIS 96079).
SAN FRANCISCO - A couple's second lawsuit against the sellers of a home with a leaky roof, the contractors who installed the roof and the contractor who attempted to repair the roof contained the same primary right as an earlier suit that was dismissed by a state court judge, a California appeals panel ruled July 22 in affirming a ruling sustaining defendants' motions for demurrer and summary judgment (Alan Kizor, et al v. Blackwood Associates Inc., et al., No. A144672, Calif. App., 1st Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 5442).
LOS ANGELES - A drug maker will pay $95 million to settle claims that it misrepresented certain safety concerns with two of its products in violation of federal securities laws, according to a motion for preliminary approval of settlement filed July 21 in California federal court (In re Amgen Inc. Securities Litigation, No. 07-2536, C.D. Calif.).
SAN JOSE, Calif. - A California federal judge on July 20 dismissed a petition to confirm an arbitral award, finding that the claimant invoked the wrong cause of action, but granted him leave to refile to properly invoke 9 U.S. Code Section 207 (Xiangkai Xu v. China Sunergy [US] Clean Tech Inc., et al., No. 15-cv-04823-HRL, N.D. Calif.; 2016 U.S. Dist. LEXIS 94906).
SAN FRANCISCO - Dismissal of a life insurance policy beneficiary's breach of contract and bad faith lawsuit against an insurer is not proper because the beneficiary has shown that his deceased wife timely completed all necessary paperwork and submitted to her employer as administrator of the policy to port her group life insurance policy into an individual policy, a federal judge in California ruled July 20 (Kent Graham v. Standard Insurance Co., No. 16-3407, N.D. Calif.; 2016 U.S. Dist. LEXIS 94871).
LOS ANGELES - A California appeals panel on July 21 affirmed an $8.3 million verdict in a DePuy ASR XL metal-on-metal hip case (Sheryl R. Kransky, et al. v. DePuy Orthopaedics, Inc., No. B249576, Calif. App., 2nd Dist., Div. 7).
SAN FRANCISCO - A woman's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit against Chevron Capital Corp. over petroleum contamination at a site in Oakland she purchased in 2010 that formerly housed a gas station was dismissed by a federal judge in California on July 19, who held that the statute's petroleum exclusion barred the woman's claim (Hong Jacqueline Nguyen Gardner v. Chevron Capital Corporation, No. 15-cv-1514-JD, N.D. Calif.; 2016 U.S. Dist. LEXIS 94110).