LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Glyphosate MDL Attorneys: Monsanto Document Release Not Done In Bad Faith

SAN FRANCISCO - Plaintiffs' attorneys representing people who contend that they developed cancer as a result of exposure to Roundup, the herbicide manufactured by Monsanto Co. that contains glyphosate, on Aug. 14 filed a brief in a California federal court arguing that they did not act in bad faith when they made 86 documents public that pertain to the lawsuit because when they did so, there was "no longer a live dispute" with regard to their confidentiality (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - LinkedIn Enjoined From Blocking Analytics Firm's Access To Data

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).

Mealey's Antitrust/Unfair Competition - Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit

SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three years after the deadline for adding plaintiffs (Markus Wilson, et al. v. Frito-Lay North America, Inc., No. 12-1586, N.D. Calif., 2017 U.S. Dist. LEXIS 129053).

Mealey's IP/Tech - LinkedIn Enjoined From Blocking Analytics Firm's Access To Data

SAN FRANCISCO - In an Aug. 14 ruling, a California federal judge enjoined LinkedIn Corp. from denying a data analytics company access to publicly available information on its professional social networking site, finding no support for LinkedIn's argument that the access violated the Computer Fraud and Abuse Act (CFAA) (hiQ Labs Inc. v. LinkedIn Corp., No. 3:17-cv-03301, N.D. Calif., 2017 U.S. Dist. LEXIS 129088).

Mealey's Banking & Finance - Federal Judge Grants Motion To Dismiss Securities Suit Against Energy Company

SAN JOSE, Calif. - A California federal judge on Aug. 11 granted a motion to dismiss a securities class action lawsuit filed against a solar energy company and certain of its executive officers after determining that the plaintiffs failed to adequately allege falsity and scienter (In re SolarCity Corp. Securities Litigation, No. 16-4686, N.D. Calif., 2017 U.S. Dist. LEXIS 129137).

Mealey's Litigation Procedure - Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit

SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three years after the deadline for adding plaintiffs (Markus Wilson, et al. v. Frito-Lay North America, Inc., No. 12-1586, N.D. Calif., 2017 U.S. Dist. LEXIS 129053).

Mealey's Insurance - Appeals Panel Says ERISA Preempts California Law Barring Discretionary Clauses

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 15 vacated and remanded a district court's ruling that a de novo standard of review rather than an abuse of discretion standard of review should be applied in a disability benefits dispute because the Employee Retirement Income Security Act preempts the application of California's insurance law, which prohibits the use of discretionary clauses (Yvette Williby v. Aetna Life Insurance Co., No. 15-56394, 9th Cir., 2017 U.S. App. LEXIS 15213).

Mealey's Litigation Procedure - Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters

DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative misrepresentation and failed to show that FCA actively concealed a defect, a Michigan federal judge ruled Aug. 11, granting FCA's motion to dismiss (Donald J. Beck v. FCA US LLC, No. 17-10267, E.D. Mich., 2017 U.S. Dist. LEXIS 127724).

Mealey's Litigation Procedure - Apple Extended Warranty Class Suit Partially Survives Dismissal Motion

LOS ANGELES - A consumer suing Apple Inc. for allegedly shortchanging him several days on the extended warranty he purchased has standing to bring suit, but must resolve some deficiencies in his complaint, a California federal judge ruled Aug. 10, granting in part and denying in part Apple's motion to dismiss (Mitch Kalcheim, et al. v. Apple, Inc., et al., No. 16-9324, C.D. Calif., 2017 U.S. Dist. LEXIS 127332).

Mealey's Antitrust/Unfair Competition - Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters

DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative misrepresentation and failed to show that FCA actively concealed a defect, a Michigan federal judge ruled Aug. 11, granting FCA's motion to dismiss (Donald J. Beck v. FCA US LLC, No. 17-10267, E.D. Mich., 2017 U.S. Dist. LEXIS 127724).

Mealey's Labor & Employment - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).

Mealey's Antitrust/Unfair Competition - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).

Mealey's Litigation Procedure - California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL

SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).

Mealey's Litigation Procedure - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).

Mealey's Antitrust/Unfair Competition - California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL

SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).

Mealey's Litigation Procedure - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's Litigation Procedure - Viacom Faces Class Suit Alleging Violations Of Child Online Privacy Laws

SAN FRANCISCO - Several days after filing a complaint accusing The Walt Disney Co. and its partners of violating the Children's Online Privacy Protection Act (COPPA), a California woman on Aug. 7 filed a second nearly identical class action lawsuit in the U.S. District Court for the Northern District of California accusing Viacom Inc. and its partners of capturing and selling children's personally identifying information (Amanda Rushing, et al. v. Viacom Inc., et al., No. 17-4492, N.D. Calif.).

Mealey's IP/Tech - $22.5 Million Google Adwords Settlement Is Granted Final Approval

SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).

Mealey's IP/Tech - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

Mealey's Securities/D&O Liability - Judge Refuses To Dismiss Securities, UCL Claims Asserted By Club Investor

SAN DIEGO - After finding that the manager of a nightclub development company fraudulently induced an investor into investing money for the development of a new club, a California federal judge on Aug. 7 refused to dismiss the investor's claims for violation of California's unfair competition law (UCL) and securities fraud (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).

Mealey's Toxic Tort/Environmental - Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit

CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss Securities, UCL Claims Asserted By Club Investor

SAN DIEGO - After finding that the manager of a nightclub development company fraudulently induced an investor into investing money for the development of a new club, a California federal judge on Aug. 7 refused to dismiss the investor's claims for violation of California's unfair competition law (UCL) and securities fraud (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).

Mealey's Litigation Procedure - Lead Plaintiffs Pleaded Actionable Misstatements In Securities Suit, Judge Rules

SANTA ANA, Calif. - Lead plaintiffs in a securities class action lawsuit against a restaurant chain, certain of its senior officers and others have properly shown that the defendants issued actionable misstatements and omissions regarding the business and financial condition of the company in violation of federal securities laws, a federal judge in California ruled Aug. 4 in denying the defendants' motion to dismiss (Daniel Turocy v. El Pollo Loco Holdings Inc., et al., No. 15-1343, C.D. Calif.).

Mealey's Litigation Procedure - Judge Dismisses Kosher Product Mislabeling Claims For Lack Of Jurisdiction

SAN FRANCISCO - A California federal judge on Aug. 3 granted a candy maker and seller's motion to dismiss a class action lawsuit filed against it in relation to alleged mislabeling of its kosher products, finding that the amount in controversy did not meet a $5 million jurisdictional requirement (Avi Weiss v. See's Candy Shops Inc., et al., No. 16-cv-00661, N.D. Calif., 2017 U.S. Dist. LEXIS 122671).