SAN FRANCISCO - The liquidator of an insolvent insurer told a California court on Feb. 2 that he had completed the court's instructions regarding the closure of the liquidation and considers himself discharged (Insurance Commissioner of the State of California v. HIH America Compensation & Liability Insurance Company, No. CPF-01-320049, Calif. Super., San Francisco Co.).
LOS ANGELES - A California federal judge on Feb. 2 denied an amended motion for class certification filed in in a lawsuit brought by consumers who allege that deceptive advertising by a maker of electronic cigarettes led them to believe that they were safer than smoking traditional cigarettes (In Re: NJOY Inc. Consumer Class Action Litigation, No. 14-00428, C.D. Calif.).
LOS ANGELES - A California federal judge on Feb. 2 remanded for lack of subject matter jurisdiction a breach of contract and negligent misrepresentation lawsuit against an insurer and an insurance adjuster over denied coverage for property damage sustained by a water leak (Be Wicked, Inc. v. Travelers Property Casualty Company of America, et al., No. 16-549, C.D. Calif.; 2016 U.S. Dist. LEXIS 13106).
LOS ANGELES - A California federal judge on Feb. 1 granted summary judgment for television companies on claims and counterclaims for violation of California's unfair competition law (UCL) and trademark infringement, finding that their use of the name "Empire" for a television series is protected under the First Amendment to the U.S. Constitution (Twentieth Century Fox Television, et al., v. Empire Distribution Inc., No. 15-2158, C.D. Calif.; 2016 U.S. Dist. LEXIS 13013).
SAN FRANCISCO - A California federal judge on Feb. 2 denied a motion filed by a bank to dismiss claims for violation of California's unfair competition law (UCL), elder abuse and rescission, finding that a controversy exists as to whether property owners were the victims of predatory lending practices in relation to two reverse mortgages on their home (Willie York, et al. v. Bank of America, et al., No. 14-cv-02471, N.D. Calif.; 2016 U.S. Dist. LEXIS 12333).
SACRAMENTO, Calif. - Because a decision was never made regarding a disability claimant's eligibility for benefits under a plan's "any occupation" standard, a California federal judge on Feb. 1 remanded the claimant's suit to the plan administrator and stayed the suit until the plan makes a decision under the "any occupation" standard (Vlasia Hantakas v. Metropolitan Life Insurance Co., No. 14-235, E.D. Calif.; 2016 U.S. Dist. LEXIS 11770).
SAN FRANCISCO - Sales of T-shirts bearing several disputed trademarks belonging to Macy's Inc. were deemed an infringement Feb. 1 by a California federal judge, who rejected claims by a defendant that Macy's use of the marks was ornamental (Macy's Inc. v. Strategic Marks LLC, Nos. 11-6198, 15-612, N.D. Calif.; 2016 U.S. Dist. LEXIS 11676).
WASHINGTON, D.C. - A California federal magistrate judge's decision to deny a prevailing patent infringement defendant an award of attorney fees even after remand was affirmed Feb. 2 by the Federal Circuit U.S. Court of Appeals (Site Update Solutions LLC v. Newegg Inc., et al., No. 15-1448, Fed. Cir.; 2016 U.S. App. LEXIS 1641).
SAN JOSE, Calif. - Data storage firm Seagate Technology LLC was hit with a putative class complaint Feb. 1 in California federal court, as a South Dakota man alleged unfair competition, false advertising and breach of warranty related to purportedly defective hard disk drives (Christopher A. Nelson v. Seagate Technology LLC, No. 5:15-cv-00523, N.D. Calif.).
LOS ANGELES - A California federal judge on Jan. 28 denied a disability insurer's motion to deny class certification after determining that the motion is premature because the complaint does not show that class certification would never be appropriate (Angela DeLeon v. Standard Insurance Co., et al., No. 15-7419, C.D. Calif.; 2016 U.S. Dist. LEXIS 11639).
RIVERSIDE, Calif. - A California federal judge on Jan. 28 granted a shoe retailer's motion to dismiss claims asserted against it by a purchaser for violation of California's unfair competition law (UCL) and other state laws, finding that she failed to show that the retailer's comparative prices were deceptive (Marilyn Sperling v. DSW Inc., et al., No. 15-1366, C.D. Calif.; 2016 U.S. Dist. LEXIS 11012).
SAN DIEGO - A customer of Bose Corp. filed a putative class action against the electronics and stereo retailer on Jan. 29 in California federal court, alleging that it improperly collects customers' personal identification information (PII) during credit card transactions in violation of California's Song-Beverly Credit Card Act (Patrick Keegan v. Bose Corp., No. 3:16-cv-00232, S.D. Calif.).
SANTA ANA, Calif. - A California court did not err in entering judgment in an excess insurer's favor because the insured was required to obtain the excess insurer's consent prior to settling an underlying environmental contamination suit, the Fourth District California Court of Appeal said Feb. 1 (The Doe Run Resources Corp. v. The Fidelity & Casualty Company of New York, No. G050689, Calif. App., 4th Dist., Div. 3).
SAN FRANCISCO - A federal judge in California on Jan. 27 granted in part and denied in part a motion to dismiss filed by a corporation and certain of its executive officers in a securities class action lawsuit, ruling that some of the alleged misrepresentations cited by the lead plaintiff in making his claims are nonactionable (In re Energy Recovery Inc. Securities Litigation, No. 15-0265, N.D. Calif.; 2016 U.S. Dist. LEXIS 9781).
SAN FRANCISCO - A California federal judge on Jan. 28 ruled that an insurer has no duty to indemnify a landlord and its property manager for defense costs that they incurred in an underlying nuisance and trespass dispute involving alleged cooking odors coming from an insured's restaurant (Travelers Property Casualty Company of America v. Mixt Greens Inc., et al., No. 13-00957, N.D. Calif.; 2016 U.S. Dist. LEXIS 11056).
WASHINGTON, D.C. - Five cities that have sued Monsanto Co., Solutia Inc. and Pharmacia LLC seeking to recover the costs of removing polychlorinated biphenyl (PCB) contamination from storm water on Jan. 26 asked the Judicial Panel on Multidistrict Litigation (JPMDL) to consolidate and centralize the cases in the U.S. District Court for the Northern District of California before Judge Edward J. Davila (In re: Stormwater/Impaired Waters PCB Contamination Litigation, MDL No. 2697, JPMDL).
SAN DIEGO - A federal judge in California on Jan. 26 granted in part a motion to dismiss a class action lawsuit filed by the manufacturer of cross-linked polyethylene (PEX) piping and remanded the suit sua sponte, after finding that the state's Right to Repair Act (RORA) does not allow class action claims (Roy Victor Boyko, et al. v. Terveno LP, et al., No. 15cv2088, S.D. Calif.; 2016 U.S. Dist. LEXIS 8998).
SAN FRANCISCO - A California federal judge on Jan. 26 granted an amended motion filed jointly by the parties in a wage-and-hour class suit filed by workers who were paid on a per-task basis to modify the July order approving a $585,507 settlement (Christopher Otey, et al. v. CrowdFlower, Inc., et al., No. 12-5524, N.D. Calif.; 2016 U.S. Dist. LEXIS 9049).