LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - Judge Won't Reconsider Dismissal Of Federal Securities Law Claims

OAKLAND, Calif. - Reconsideration of a securities class action ruling denying a motion to dismiss filed by a corporation and certain of its executive officers is not proper because the lead plaintiff in the action properly pleaded his claims for violation of federal securities laws, a federal judge in California ruled April 28 (In re Zynga Inc. Securities Litigation, No. 12-4007, N.D. Calif.).

Mealey's IP/Tech - AT&T Denies FTC's Claims Of Data Throttling Of Unlimited Data Customers

OAKLAND, Calif. - After seeing its motion to dismiss a complaint by the Federal Trade Commission denied in California federal court, AT&T Mobility LLC filed an answer April 28 in which it denies any violations of the Federal Trade Commission Act (FTC Act), asserting that "consumers have not suffered any substantial injury or damage as a result of any alleged conduct" (Federal Trade Commission v. AT&T Mobility LLC, No. 3:14-cv-04785, N.D. Calif.).

Mealey's Litigation Procedure - Ex-Employees' Suit Over Sony Data Breach Referred To Mediation

LOS ANGELES - In response to a joint motion by the parties in a consolidated class action brought by former employees of Sony Pictures Entertainment Inc. related to the company's recent data breach, a California federal judge on April 28 submitted the matter to private mediation (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Toxic Tort/Environmental - California Jury Awards $13M In Couple's Asbestos-Tainted Talc Case

LOS ANGELES - A California jury on April 28 awarded a couple more than $13 million in a mesothelioma case alleging asbestos exposure from tainted talc. It is the first asbestos-tainted talcum powder verdict against Colgate-Palmolive Co., sources told Mealey Publications (Judith and John Winkel v. Calavaras Asbestos Ltd., et al., No. BC549253, Calif. Super., Los Angeles Co.).

Mealey's PI/Product Liability - Calif. Federal Judge Finds No Jurisdiction Over Crashed Helicopter's Manufacturers

LOS ANGELES - The manufacturer of a U.S. Army Black Hawk helicopter and the supplier of the helicopter's seats are not subject to jurisdiction in California for purposes of a suit alleging that design defects caused the helicopter to crash, a federal judge ruled April 27 (Colette Carpenter, et al. v. Sikorsky Aircraft Corp., et al., No. 2:14-cv-07793, C.D. Calif.).

Mealey's IP/Tech - Uber May Subpoena Comcast, GitHub To Identify Hacker, Magistrate Rules

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).

Mealey's Labor & Employment - Stanley Black & Decker Settles Wage Dispute For $4.97M

SAN DIEGO - A California federal judge on April 23 granted final approval to an offer by Stanley Black & Decker Inc. and other related entities to pay $4.97 million to settle a wage-and-hour class complaint (Donovan Long, et al. v. Stanley Black & Decker, Inc., et al., No. 14-1246, S.D. Calif.; 2015 U.S. Dist. LEXIS 53595).

Mealey's Litigation Procedure - Class Action Lawsuit Accuses Service Provider Of Failing To Back Up Data

LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because they could neither restore nor retrieve the data in violation of several state laws (Sherry Orson v. Carbonite Inc., No. 15-3097, C.D. Calif.).

Mealey's IP/Tech - Class Action Lawsuit Accuses Service Provider Of Failing To Back Up Data

LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because they could neither restore nor retrieve the data in violation of several state laws (Sherry Orson v. Carbonite Inc., No. 15-3097, C.D. Calif.).

Mealey's IP/Tech - California Federal Judge Sanctions Copyright Plaintiff, Attorneys

LOS ANGELES - Citing the "unnecessary joinder" of "an extremely large number of defendants," a California federal judge on April 24 sanctioned a copyright infringement plaintiff and its counsel (We 3 Kings Inc. v. The Steve Harvey Show et al., No. 14-8816, C.D. Calif.).

Mealey's Litigation Procedure - Uber May Subpoena Comcast, GitHub To Identify Hacker, Magistrate Rules

SAN FRANCISCO - Rideshare application (app) operator Uber Technologies Inc. may subpoena an Internet service provider (ISP) and a third-party website in its effort to uncover the identity of a John Doe defendant responsible for a data breach incident, a California federal magistrate judge ruled April 27, granting Uber's discovery motions, as well as a motion to seal those motions (Uber Technologies Inc. v. John Doe I, No. 3:15-cv-00908, N.D. Calif.; 2015 U.S. Dist. LEXIS 54915).

Mealey's Litigation Procedure - Stanley Black & Decker Settles Wage Dispute For $4.97M

SAN DIEGO - A California federal judge on April 23 granted final approval to an offer by Stanley Black & Decker Inc. and other related entities to pay $4.97 million to settle a wage-and-hour class complaint (Donovan Long, et al. v. Stanley Black & Decker, Inc., et al., No. 14-1246, S.D. Calif.; 2015 U.S. Dist. LEXIS 53595).

Mealey's Antitrust/Unfair Competition - Class Action Lawsuit Accuses Service Provider Of Failing To Back Up Data

LOS ANGELES - A California woman on April 24 filed a class action lawsuit in federal court, accusing an online computer backup service provider of violating several state laws, including the unfair competition law (UCL), for failing to back up data as required, causing consumers to lose their data because they could neither restore nor retrieve the data in violation of several state laws (Sherry Orson v. Carbonite Inc., No. 15-3097, C.D. Calif.).

Mealey's Toxic Tort/Environmental - Chemical Discharge Exclusion Precludes Coverage For Environmental Claims

LOS ANGELES - An insurer has no duty to defend its insureds against underlying environmental contamination claims arising out of their operation of a dry cleaning business because the policy's chemical discharge exclusion clearly bars coverage, a California federal judge said April 23 (Hollyway Cleaners & Laundry Co., et al. v. Central National Insurance Company of Omaha Inc., No. 13-7497, C.D. Calif.; 2015 U.S. Dist. LEXIS 54080).

Mealey's Insurance - Preliminary Approval Of Settlement In Insurance Kickback Suit Granted

SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's unfair competition law (UCL) (Stephen Ellsworth v. U.S. Bank, N.A., et al., No. 12-2506, N.D. Calif.; 2015 U.S. Dist. LEXIS 53625).

Mealey's Banking & Finance - Preliminary Approval Of Settlement In Insurance Kickback Suit Granted

SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's unfair competition law (UCL) (Stephen Ellsworth v. U.S. Bank, N.A., et al., No. 12-2506, N.D. Calif.; 2015 U.S. Dist. LEXIS 53625).

Mealey's Litigation Procedure - Preliminary Approval Of Settlement In Insurance Kickback Suit Granted

SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's unfair competition law (UCL) (Stephen Ellsworth v. U.S. Bank, N.A., et al., No. 12-2506, N.D. Calif.; 2015 U.S. Dist. LEXIS 53625).

Mealey's Insurance - Chemical Discharge Exclusion Precludes Coverage For Environmental Claims

LOS ANGELES - An insurer has no duty to defend its insureds against underlying environmental contamination claims arising out of their operation of a dry cleaning business because the policy's chemical discharge exclusion clearly bars coverage, a California federal judge said April 23 (Hollyway Cleaners & Laundry Co., et al. v. Central National Insurance Company of Omaha Inc., No. 13-7497, C.D. Calif.; 2015 U.S. Dist. LEXIS 54080).

Mealey's IP/Tech - Defaulting Copyright Defendants Ordered To Pay $1.6 Million In Damages

SAN FRANCISCO - Although admittedly "concerned about the sizable amount" of actual damages claimed by a copyright infringement plaintiff, a California federal judge on April 23 nonetheless ordered two defaulting defendants to pay $1.6 million (FormFactor Inc. v. Mr. Prober Technology Inc. et al., No. 13-3688, N.D. Calif.; 2015 U.S. Dist. LEXIS 53637).

Mealey's Antitrust/Unfair Competition - Judge: Defendant Failed To Establish Predicate Act In Support Of UCL Claim

OAKLAND, Calif. - A federal judge in California on April 24 held that the plaintiff in a trade secrets case failed to establish a predicate breach of contract in support of its state unfair competition law (UCL) claim; therefore, the defendant was entitled to have judgment entered in its favor (Netlist Inc. v. Diablo Technologies, No. 13-5962, N.D. Calif.; 2015 U.S. Dist. LEXIS 54109).

Mealey's Antitrust/Unfair Competition - UCL Claim For Restitution To Continue In Substance Abuse Program Suit

SAN DIEGO - A federal judge in California on April 22 partially granted defendants' motion to dismiss a state unfair competition law (UCL) claim in a dispute over an allegedly fraudulent substance abuse program, finding that the parents had standing to bring the claim and seek restitution but could not seek injunctive relief and that the son lacked standing to bring a UCL claim. The court declined to dismiss all other claims (Christopher Keller, et al. v. Narconon Fresh Start, et al., No. 14-2168, S.D. Calif.; 2015 U.S. Dist. LEXIS 53596).

Mealey's Antitrust/Unfair Competition - Preliminary Approval Of Settlement In Insurance Kickback Suit Granted

SAN FRANCISCO - A federal judge in California on April 23 granted preliminary approval to a proposed class action settlement alleging that a mortgage lender and an insurer were involved in an unjust kickback scheme involving force-placed flood insurance, in violation of, among other things, the state's unfair competition law (UCL) (Stephen Ellsworth v. U.S. Bank, N.A., et al., No. 12-2506, N.D. Calif.; 2015 U.S. Dist. LEXIS 53625).

Mealey's PI/Product Liability - Family Of NFL Player Seeks Transfer Of Suit To California Federal Court

PHILADELPHIA - The family of former professional football player Junior Seau on April 22 asked the federal judge overseeing the multidistrict litigation against the National Football League to schedule a status conference to discuss their request to transfer their wrongful death action to the U.S. District Court for the Southern District of California (In re: National Football League Players' Concussion Injury Litigation, MDL No. 2323, No. 12-md-2323, E.D. Pa.; Seau, et al. v. National Football League, et al., No. 13-cv-01531, E.D. Pa.).

Mealey's Banking & Finance - California Federal Judge Dismisses UCL Claim In Foreclosure Case

SAN FRANCISCO - A federal judge in California on April 17 dismissed claims based on fraud and the state's unfair competition law (UCL) with prejudice in an alleged wrongful foreclosure case, while dismissing four other claims with leave to amend (Dan Wiskind v. JPMorgan Chase Bank, No. 14-4223, N.D. Calif.; 2015 U.S. Dist. LEXIS 51088).

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses UCL Claim In Foreclosure Case

SAN FRANCISCO - A federal judge in California on April 17 dismissed claims based on fraud and the state's unfair competition law (UCL) with prejudice in an alleged wrongful foreclosure case, while dismissing four other claims with leave to amend (Dan Wiskind v. JPMorgan Chase Bank, No. 14-4223, N.D. Calif.; 2015 U.S. Dist. LEXIS 51088).