LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Satellite Phone Firm's Click Fraud Lawsuit Mostly Dismissed

SAN DIEGO - A California federal judge on April 14 mostly granted a satellite phone company's motion to dismiss a complaint alleging "click fraud" brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo LLC v. Whenever Communications LLC, et al., No. 3:17-cv-00192, S.D. Calif., 2017 U.S. Dist. LEXIS 57719).

Mealey's Banking & Finance - Judge Grants Dismissal For Lenders, Finds Borrower Failed To Prosecute

SAN DIEGO - A California federal judge on April 14 dismissed a borrower's complaint asserting causes of action for wrongful foreclosure and violation of the Truth in Lending Act (TILA) after he failed to litigate the case or follow a previous order of the court (Hans D'Oleire v. Select Portfolio Servicing Inc., et al.,No. 3:16-cv-02520, S.D. Calif., 2017 U.S. Dist. LEXIS 57717).

Mealey's Insurance - Jury Enters Almost $8M Verdict Against Supplier Of Contaminated Seeds

SANTA ANA, Calif. - A California federal jury on April 14 entered an almost $8 million verdict against a company that supplied pomegranate seeds contaminated with hepatitis A after determining that the plaintiffs proved that the company was the source of the contaminated seeds (Townsend Farms Inc. v. Goknur Gida Maddeleri Enerji Imalat Ithalat Ihracat Ticaret ve Sanayi A.S. et al., No. 15-837, C.D. Calif.).

Mealey's IP/Tech - Satellite Phone Firm's Click Fraud Lawsuit Mostly Dismissed

SAN DIEGO - A California federal judge on April 14 mostly granted a satellite phone company's motion to dismiss a complaint alleging "click fraud" brought by a competitor, finding claims under the Computer Fraud and Abuse Act (CFAA) and related state law insufficiently pleaded (Satmodo LLC v. Whenever Communications LLC, et al., No. 3:17-cv-00192, S.D. Calif., 2017 U.S. Dist. LEXIS 57719).

Mealey's Litigation Procedure - Arbitration Denied In Class Suit Over Uber's Cancellation Fees

SAN FRANCISCO - An Uber Technologies Inc. customer's class complaint alleging that the ride-sharing app's cancellation fees are arbitrary may proceed, a California federal judge ruled April 17, denying the company's motion to compel arbitration (Julian Metter v. Uber Technologies, Inc., No. 16-6652, N.D. Calif., 2017 U.S. Dist. LEXIS 58481).

Mealey's Litigation Procedure - Supreme Court Hears Oral Argument In American Pipe Tolling Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).

Mealey's Securities/D&O Liability - Supreme Court Hears Oral Argument In American Pipe Tolling Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on April 17 heard oral arguments in an appeal of a Second Circuit U.S. Court of Appeals ruling affirming that shareholders that filed a securities class action lawsuit after opting out of settlement class against the same defendants were barred from doing so as their claims were outside the statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).

Mealey's Litigation Procedure - California IVC Plaintiffs Were Not Proposing Joint Trial; CAFA Remand Affirmed

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 14 agreed with a federal district court that nine plaintiffs bringing claims against Cordis Corp. for injuries allegedly caused by the defendant's inferior vena cava (IVC) device are not seeking trials that would trigger federal jurisdiction under the Class Action Fairness Act (CAFA) (Jerry Dunson, et al. v. Cordis Corporation, No. 17-15257, 9th Cir., 2017 U.S. App. LEXIS 6446).

Mealey's PI/Product Liability - California IVC Plaintiffs Were Not Proposing Joint Trial; CAFA Remand Affirmed

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 14 agreed with a federal district court that nine plaintiffs bringing claims against Cordis Corp. for injuries allegedly caused by the defendant's inferior vena cava (IVC) device are not seeking trials that would trigger federal jurisdiction under the Class Action Fairness Act (CAFA) (Jerry Dunson, et al. v. Cordis Corporation, No. 17-15257, 9th Cir., 2017 U.S. App. LEXIS 6446).

Mealey's Labor & Employment - California Federal Judge Keeps CVS Pharmacist's Wage Class Suit In Federal Court

LOS ANGELES - A wage class complaint filed by a California pharmacist against his employer belongs in federal court, not state court, a California federal judge ruled April 11, holding that even though removal occurred more than 30 days after the complaint was filed, it was still timely (Sevag Chalian v. CVS Pharmacy, Inc., et al., No. 16-8979, C.D. Calif., 2017 U.S. Dist. LEXIS 55485).

Mealey's Litigation Procedure - Class Suit Alleging Defective Nissan Transmissions Is Tossed By Federal Judge

SAN JOSE, Calif. - A California federal judge on April 11 dismissed with leave to amend a class complaint accusing Nissan North America Inc. of knowingly selling vehicles with faulty manual transmissions and failing to properly fix them (Huu Nguyen v. Nissan North America, Inc., No. 16-5591, N.D. Calif., 2017 U.S. Dist. LEXIS 55501).

Mealey's Litigation Procedure - California Federal Judge Keeps CVS Pharmacist's Wage Class Suit In Federal Court

LOS ANGELES - A wage class complaint filed by a California pharmacist against his employer belongs in federal court, not state court, a California federal judge ruled April 11, holding that even though removal occurred more than 30 days after the complaint was filed, it was still timely (Sevag Chalian v. CVS Pharmacy, Inc., et al., No. 16-8979, C.D. Calif., 2017 U.S. Dist. LEXIS 55485).

Mealey's Insurance - Disability Claimant Owed Benefits Under Own-Occupation Standard, Federal Judge Says

SAN FRANCISCO - Because a disability claimant submitted substantial evidence proving that she was disabled from her own occupation, the claimant is owed retroactive disability benefits for the 24-month period of disability under the own-occupation standard, a California federal judge said April 11 (Cathleen Murphy v. California Physicians Service, et al., No. 14-2581, N.D. Calif., 2017 U.S. Dist. LEXIS 55431).

Mealey's Insurance - Federal Judge Remands Claim To Consider If Claimant Was Disabled From Any Occupation

LOS ANGELES - A California federal judge on April 12 remanded a disability claim to the plan administrator to determine whether the disability claimant was disabled under the plan's "any occupation" standard (Bertha Campos v. Reliance Standard Life Insurance Co., No. 15-8304, C.D. Calif., 2017 U.S. Dist. LEXIS 56185).

Mealey's Litigation Procedure - $700,000 Similasan Homeopathic Products Settlement Granted Preliminary Approval

SAN DIEGO - A California federal judge on April 12 granted preliminary approval of a $700,000 settlement to be paid by Similasan Corp. to end a class complaint alleging false or deceptive labeling of the company's homeopathic products (Kim Allen, et al. v. Similasan Corporation, No. 12-376, S.D. Calif., 2017 U.S. Dist. LEXIS 56333).

Mealey's Labor & Employment - Judge Finds In Insured's Favor In Coverage Dispute Over Its Employee's Claims

SANTA ANA, Calif. - A California federal judge on April 10 granted an insured's motion for summary judgment in a declaratory judgment lawsuit arising from underlying claims for malicious prosecution and defamation brought by the insured's employee (KPC Healthcare, Inc. v. Hudson Specialty Ins. Co., No. 16-01483, C.D. Calif., 2017 U.S. Dist. LEXIS 55443).

Mealey's IP/Tech - Judge Finds Company In Contempt For Unlawfully Selling Domain Names

LOS ANGELES - A California federal judge on April 10 granted a motion filed by a company that alleges that another entity violated California's unfair completion (UCL) and false advertising laws when it sold trademarked domain names, finding the company in contempt of a temporary restraining order and injunction (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

Mealey's Litigation Procedure - Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery

SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).

Mealey's Labor & Employment - Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery

SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).

Mealey's Antitrust/Unfair Competition - Judge Finds Company In Contempt For Unlawfully Selling Domain Names

LOS ANGELES - A California federal judge on April 10 granted a motion filed by a company that alleges that another entity violated California's unfair completion (UCL) and false advertising laws when it sold trademarked domain names, finding the company in contempt of a temporary restraining order and injunction (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

Mealey's Antitrust/Unfair Competition - Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery

SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class action, finding that the information was necessary to the class (Stephanie Heredia v. Eddie Bauer, LLC, No. 16-cv-06236, N.D. Calif., 2017 U.S. Dist. LEXIS 54709).

Mealey's Insurance - Judge Finds In Insured's Favor In Coverage Dispute Over Its Employee's Claims

SANTA ANA, Calif. - A California federal judge on April 10 granted an insured's motion for summary judgment in a declaratory judgment lawsuit arising from underlying claims for malicious prosecution and defamation brought by the insured's employee (KPC Healthcare, Inc. v. Hudson Specialty Ins. Co., No. 16-01483, C.D. Calif., 2017 U.S. Dist. LEXIS 55443).

Mealey's Toxic Tort/Environmental - 2 Glyphosate Cancer Cases Against Monsanto Sent To California MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on April 13 transferred two more lawsuits filed against Monsanto Co. regarding cancer allegedly caused by exposure to glyphosate, the active ingredient in the company's herbicide Roundup, to the multidistrict litigation in California (In Re: Roundup Products Liability Litigation, No. 2741, JPMDL).

Mealey's Litigation Procedure - Judge Finds Lenders And Trust Did Not Violate California Housing Law

SAN FRANCISCO - A California federal judge on April 10 dismissed a borrower's claims for violation of California's unfair competition law (UCL), negligence and other claims related to foreclosure proceedings, finding that she failed to show that she was not notified of a denial of a loan modification or that the lenders and loan servicers owed her a duty of care (Lisa McCarthy v. Servis One Inc., et al., No. 17-cv-00900, N.D. Calif., 2017 U.S. Dist. LEXIS 54649).

Mealey's Litigation Procedure - BlackBerry Awarded $814.8 In Arbitration Over Royalties For Sales

WATERLOO, Ontario - A mobile-native security software and services company on April 12 announced that an award has been issued by an arbitral panel in its favor in a dispute over royalties applied to payments under a license agreement, ordering a California entity to pay it $814,868,350 in damages.