LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Dismisses Unfair Competition, Wiretap Act Suit Over Apple's IMessages

SAN JOSE, Calif. - The plaintiffs in a lawsuit alleging that Apple Inc. unlawfully intercepted messages sent from Apple phones to non-Apple phone users failed to establish that any interception actually occurred, a California federal judge ruled Nov. 30, disposing of their claims under the Wiretap Act and California's unfair competition law (UCL) (Adam Backhaut, et al. v. Apple Inc., No. 5:14-cv-02285, N.D. Calif.; 2015 U.S. Dist. LEXIS 161147).

Mealey's Labor & Employment - Testimony On Sign Language Communication Allowed In Employee Discrimination Case

SACRAMENTO, Calif. - In an employee discrimination case alleging violation of the Americans with Disabilities Act (ADA), a psychologist may testify on a woman's functional ability to communicate in American Sign Language (ASL) and in English, a California federal judge ruled Nov. 25 (United States Equal Employment Opportunity Commission v. Placer Arc d/b/a Placer Advocacy Resources & Choices, No. 13-0577, E.D. Calif.; 2015 U.S. Dist. LEXIS 159585).

Mealey's Litigation Procedure - Judge Appoints Lead Plaintiff, Lead Counsel In Securities Class Action Suit

SAN FRANCISCO - A federal judge in California on Dec. 3 granted a shareholder's motion for appointment as lead counsel in a securities class action lawsuit, ruling that the shareholder has met all statutory requirements for serving in such a role (Howard Welgus v. TriNet Group Inc., et al., No. 15-3625, N.D. Calif.; 2015 U.S. Dist. LEXIS 162547).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses California Law Claims Related To Supplement Label

SAN DIEGO - A California federal judge on Dec. 4 granted a nutrition corporation's motion to dismiss claims for violation of California's unfair competition law (UCL) and California law in relation the labeling and marketing of a supplement for men but granted the plaintiff leave to amend the complaint (Ryan Vigil v. General Nutrition Corporation, No. 15cv0079, S.D. Calif.; 2015 U.S. Dist. LEXIS 163115).

Mealey's Securities/D&O Liability - Judge Appoints Lead Plaintiff, Lead Counsel In Securities Class Action Suit

SAN FRANCISCO - A federal judge in California on Dec. 3 granted a shareholder's motion for appointment as lead counsel in a securities class action lawsuit, ruling that the shareholder has met all statutory requirements for serving in such a role (Howard Welgus v. TriNet Group Inc., et al., No. 15-3625, N.D. Calif.; 2015 U.S. Dist. LEXIS 162547).

Mealey's PI/Product Liability - U.S. Supreme Court: Sovereign Immunity Bars Austrian Train Injury Suit

WASHINGTON, D.C. - The Foreign Sovereign Immunities Act bars a California woman's suit against the Austrian state-owned railway after she lost both her legs in an accident, a unanimous U.S. Supreme Court ruled Dec. 1 (OBB Personenverkehr AG v. Carol P. Sachs, No. 13-1067, U.S. Sup.; 2015 U.S. LEXIS 7670).

Mealey's Litigation Procedure - Judge Declines To Remand Consolidated Anthem Data Breach Case, Citing ERISA

SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).

Mealey's Labor & Employment - Judge Declines To Remand Consolidated Anthem Data Breach Case, Citing ERISA

SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).

Mealey's Insurance - Notice Of Removal In Bad Faith Lawsuit Was Untimely, Judge Rules

FRESNO, Calif. - Remand of an insurance breach of contract and bad faith lawsuit to state court is proper, a federal judge in California ruled Nov. 23, because an insurer's notice of removal was untimely (Todd Stone v. Travelers Property Casualty Insurance Co., et al., No. 15-1411, E.D. Calif.; 2015 U.S. Dist. LEXIS 158119).

Mealey's Labor & Employment - Divided Argument Request Granted In Teachers' Union Fee High Court Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 30 granted a request by the California attorney general for divided argument in the appeal of a case over agency-fee requirements for non-union workers (Rebecca Friedrichs, et al. v. California Teachers Association, et al., No. 14-915, U.S. Sup.).

Mealey's IP/Tech - Judge Finds Expert Is Neutral For Copyright Suit Between Oracle, Google Over Java Use

SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).

Mealey's Labor & Employment - Federal Judge Finds Stock Options Expired Under Employment Contract

SAN JOSE, Calif. - A California federal judge on Nov. 20 granted summary judgment for an employer on claims of breach of contract and violation of California's unfair competition law (UCL), finding that a one-year expiration date provision in a former's employee's contract applied to her stock options (Soonhee Jang v. Dupont E.I. De Nemours & Co., No. 15-cv-03719, N.D. Calif.; 2015 U.S. Dist. LEXIS 158180).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds Stock Options Expired Under Employment Contract

SAN JOSE, Calif. - A California federal judge on Nov. 20 granted summary judgment for an employer on claims of breach of contract and violation of California's unfair competition law (UCL), finding that a one-year expiration date provision in a former's employee's contract applied to her stock options (Soonhee Jang v. Dupont E.I. De Nemours & Co., No. 15-cv-03719, N.D. Calif.; 2015 U.S. Dist. LEXIS 158180).

Mealey's Toxic Tort/Environmental - United States Says Public Property Claim Should Be Dismissed

SAN FRANCISCO - The United States on Nov. 23 filed a motion in federal court in California seeking to dismiss claims brought by man who sued the government after a large seedpod fell on his head at a national park and caused permanent damage (Sean J. Mace v. U.S. of America, et al., No. 3:15cv4060, N.D. Calif.).

Mealey's Litigation Procedure - Judge Finds Expert Is Neutral For Copyright Suit Between Oracle, Google Over Java Use

SAN FRANCISCO - An expert's role in a patent infringement lawsuit over the use of a Java operating program does not affect his neutrality in testifying in a copyright infringement lawsuit involving different parties, a California federal judge ruled Nov. 23 (Oracle America, Inc. v. Google, Inc., No. 10-03561, N.D. Calif.; 2015 U.S. Dist. LEXIS 158154).

Mealey's Litigation Procedure - Judge Grants Final Approval Of Nearly $25M Securities Class Action Settlement

SAN JOSE, Calif. - A federal judge in California on Nov. 20 granted final approval of a nearly $25 million securities class action settlement, ruling that the settlement has met all statutory requirements for approval (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.; 2015 U.S. Dist. LEXIS 157408).

Mealey's Litigation Procedure - Judge Refuses To Grant Judgment On Claims That Vodka Labels Are Misleading

SAN DIEGO - A California federal judge on Nov. 20 denied a motion filed by a maker of vodka for summary judgment on claims for violation of California's unfair competition law (UCL) and negligent misrepresentation in relation to terms used on its labels, finding that the safe harbor doctrine was not triggered in the case (Gary Hofmann v. Fifth Generation Inc., et al., No. 14cv2569, S.D. Calif.; 2015 U.S. Dist. LEXIS 157378).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Grant Judgment On Claims That Vodka Labels Are Misleading

SAN DIEGO - A California federal judge on Nov. 20 denied a motion filed by a maker of vodka for summary judgment on claims for violation of California's unfair competition law (UCL) and negligent misrepresentation in relation to terms used on its labels, finding that the safe harbor doctrine was not triggered in the case (Gary Hofmann v. Fifth Generation Inc., et al., No. 14cv2569, S.D. Calif.; 2015 U.S. Dist. LEXIS 157378).

Mealey's Litigation Procedure - Anthem, Blue Cross Defendants Seek Dismissal Of Data Breach Class Action

SAN JOSE, Calif. - In five motions to dismiss filed Nov. 23 in California federal court, Anthem Inc. and related entities seek dismissal of a class action over a January 2015 breach of its network, citing of standing, jurisdiction and failure to state a claim (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-cv-02617, N.D. Calif.).

Mealey's Securities/D&O Liability - Judge Grants Final Approval Of Nearly $25M Securities Class Action Settlement

SAN JOSE, Calif. - A federal judge in California on Nov. 20 granted final approval of a nearly $25 million securities class action settlement, ruling that the settlement has met all statutory requirements for approval (In re Celera Corp. Securities Litigation, No. 10-2604, N.D. Calif.; 2015 U.S. Dist. LEXIS 157408).

Mealey's Toxic Tort/Environmental - Exposure Case Partly Dismissed As Judge Says Increased Risk Of Cancer Not Shown

SAN DIEGO - A federal judge in California on Nov. 18 partially granted and partially dismissed a lawsuit brought by a woman against two companies she contended had contaminated the soil and groundwater near her home with various disposed chemicals, ruling that the facts of the case did not demonstrate a "credible" increase in the risk of cancer (Danielle Trujillo, et al. v. AMETEK Inc., et al., No. 15-1394, S.D. Calif.; 2015 U.S. Dist. LEXIS 156803).

Mealey's IP/Tech - 9th Circuit Reverses In Trademark Dispute Over Indian Tribe Name

SAN FRANCISCO - A divided panel of the Ninth Circuit U.S. Court of Appeals on Nov. 19 rejected findings by a California federal judge that a trademark infringement plaintiff is likely to succeed on the merits of its claim in a dispute over various unregistered and registered marks associated with the Miwok Indians (Shingle Springs Band of Miwok Indians v. Cesar Caballero, No. 13-15411, 9th Cir.; 2015 U.S. App. LEXIS 20094).

Mealey's Antitrust/Unfair Competition - Federal Judge Finds Consumer Did Not Rely On Tortilla Chip Label

SAN FRANCISCO - A California federal judge on Nov. 18 dismissed a consumer's claims for violation of California's unfair competition law (UCL) and other California laws, finding that he failed to show that he relied on a representation that tortilla chips contained no trans-fat when he purchased the product (Victor Guttmann v. La Tapatia Tortilleria Inc., No. 15-cv-02042, N.D. Calif.; 2015 U.S. Dist. LEXIS 156800).

Mealey's IP/Tech - Affirmative Defenses Stricken In California Copyright Case

SAN DIEGO - CoreLogic Inc. is unable to argue that its removal of copyright management information (CMI) from various photographs was a fair use, a California federal judge ruled Nov. 17; the defendant was given leave to amend its affirmative defenses, however (Robert Stevens, et al. v. CoreLogic Inc., No. 14-1158, S.D. Calif.; 2015 U.S. Dist. LEXIS 156161).

Mealey's Securities/D&O Liability - Judge: Investor In Derivative Suit Properly Pleaded Demand Futility

SAN JOSE, Calif. - Dismissal of a consolidated complaint in a shareholder derivative lawsuit is not proper, a federal judge in California ruled Nov. 16, because an investor has properly shown that demand on a company's board of directors was futile (In re Intuitive Surgical Shareholder Derivative Litigation, No. 14-0515, N.D. Calif.).