LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Federal Judge Finds No Jurisdiction Over California Law Claims

LOS ANGELES - A California federal judge on June 20 found that claims asserted against numerous mortgage lenders for violation of California law must be dismissed for lack of jurisdiction (Mattie Belinda Evans v. Bank of America, N.A., et al., No. 16-4147, C.D. Calif.; 2016 U.S. Dist. LEXIS 80001).

Mealey's Antitrust/Unfair Competition - Some Claims Tossed, Some Survive Dismissal In Starbucks Underfill Suit

SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).

Mealey's Insurance - Federal Magistrate Recommends Default Judgment Be Entered Against Insured

SACRAMENTO, Calif. - A federal magistrate judge in a California on June 16 recommend that a commercial general liability insurer's motion for a default judgment be granted and that a judgment be issued declaring that the insurer has no duty to defend or indemnify its insured against an underlying breach of contract and negligence lawsuit alleging the insured's pilot car services were performed "in an unworkmanlike manner" (Atain Specialty Insurance Co. v. Richard Szetela d/b/a D&D Pilot Car Services, et al., No. 14-2991, E.D. Calif.; 2016 U.S. Dist. LEXIS 78855).

Mealey's Banking & Finance - Magistrate Judge Finds TILA Claim Against Nationstar Is Time-Barred

OAKLAND, Calif. - A California federal magistrate judge on June 20 granted a bank's motion to dismiss claims asserted against it by borrowers, finding that their claims for rescission of the loan under the Truth In Lending Act (TILA) were barred by a three-year statute of limitations (Muhamed Almutarreb, et al. v. Nationstar Mortgage Holdings, No. 15-cv-05207, N.D. Calif.; 2016 U.S. Dist. LEXIS 80034).

Mealey's Banking & Finance - Federal Judge Finds No Jurisdiction Over California Law Claims

LOS ANGELES - A California federal judge on June 20 found that claims asserted against numerous mortgage lenders for violation of California law must be dismissed for lack of jurisdiction (Mattie Belinda Evans v. Bank of America, N.A., et al., No. 16-4147, C.D. Calif.; 2016 U.S. Dist. LEXIS 80001).

Mealey's Litigation Procedure - Some Claims Tossed, Some Survive Dismissal In Starbucks Underfill Suit

SAN FRANCISCO - A California federal judge on June 17 partially dismissed claims in a class action suit accusing Starbucks Corp. of underfilling its coffee beverages but leaving intact claims for breach of express warranty, violation California's Consumers Legal Remedies Act (CLRA), violation of California's unfair competition law (UCL), violation of California's false advertising law (FAL) and fraud (Siera Strumlauf, et al. v. Starbucks Corporation, No. 16-1306, N.D. Calif.; 2016 U.S. Dist. LEXIS 79456).

Mealey's Litigation Procedure - Class Action Names Theranos, Walgreens For Inaccurate Blood Tests

SAN FRANCISCO - A purported class action alleging violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and two states' consumer laws was filed June 15 in a California federal court against blood testing manufacturer Theranos Inc. and drugstore chain Walgreens, alleging that Theranos' innovative blood-testing system provides inaccurate laboratory results (C.M., et al. v. Theranos, Inc., et al., No. 16-3349, N.D. Calif.).

Mealey's PI/Product Liability - Class Action Names Theranos, Walgreens For Inaccurate Blood Tests

SAN FRANCISCO - A purported class action alleging violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act and two states' consumer laws was filed June 15 in a California federal court against blood testing manufacturer Theranos Inc. and drugstore chain Walgreens, alleging that Theranos' innovative blood-testing system provides inaccurate laboratory results (C.M., et al. v. Theranos, Inc., et al., No. 16-3349, N.D. Calif.).

Mealey's Toxic Tort/Environmental - Kinder Morgan Agrees To Pay $20M To Settle Contamination Suit

SAN DIEGO - A federal judge in California on June 17 granted Kinder Morgan Energy Partners L.P.'s motion to dismiss a lawsuit brought by the state of California and city of San Diego over groundwater contamination under QualComm Stadium after the company agreed to pay $20 million to settle the suit (People of the State of California, et al. v. Kinder Morgan Energy Partners L.P., et al., No.07-cv-1883, S.D. Calif.).

Mealey's PI/Product Liability - Court Nixes Replacement Parts Asbestos Claims, Reinstates Original Parts Claims

SAN FRANCISCO - Under California law, a plaintiff may not pursue asbestos claims involving replacement gaskets and packing, but the man submitted sufficient evidence of exposure to at least some original or spare parts to pursue those claims, a Ninth Circuit U.S. Court of Appeals panel held in partially reversing summary judgment June 16 (John H. Boyd III v. Warren Pumps LLC, No. 13-56975, John H. Boyd III v. Air & Liquid Systems Corp., sued individually and as successor-in-interest to Buffalo Pumps Inc., No. 14-57018, 9th Cir.).

Mealey's Banking & Finance - Federal Judge Allows Breach Of Contract Claims To Proceed Against Bank

LOS ANGELES - After finding that a borrower attempted to fulfill the terms of an agreement with a bank, a California federal judge on June 15 refused to dismiss her breach of contract claims but granted dismissal as to her claims for rescission and violation of California's unfair competition law (UCL) (Kathleen Angel Eisenberg v. Citibank N.A., et al., No. 2:13-CV-01814, C.D. Calif.; 2016 U.S. Dist. LEXIS 78710).

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Breach Of Contract Claims To Proceed Against Bank

LOS ANGELES - After finding that a borrower attempted to fulfill the terms of an agreement with a bank, a California federal judge on June 15 refused to dismiss her breach of contract claims but granted dismissal as to her claims for rescission and violation of California's unfair competition law (UCL) (Kathleen Angel Eisenberg v. Citibank N.A., et al., No. 2:13-CV-01814, C.D. Calif.; 2016 U.S. Dist. LEXIS 78710).

Mealey's IP/Tech - Paris Terror Victim's Father Sues Twitter, Facebook, Google For Aiding ISIS

OAKLAND, Calif. - Asserting that Twitter Inc., Facebook Inc. and Google Inc. have knowingly allowed terrorist organizations like the Islamic State of Iraq and Syria (ISIS) to use their online platforms to recruit and fundraise, the father of a victim of the November 2015 Paris terror attacks filed suit against all three in California federal court on June 14, alleging violation of the Anti-Terrorism Act (Reynaldo Gonzalez v. Twitter Inc., et al., No. 4:16-cv-03282, N.D. Calif.).

Mealey's PI/Product Liability - Plaintiffs' Leadership Named In Viagra Melanoma MDL

SAN FRANCISCO - Plaintiffs' leadership in the Viagra melanoma multidistrict litigation were appointed June 15 by U.S. Judge Richard Seeborg of the Northern District of California (In Re: Viagra [Sildenafil Citrate] Products Liability Litigation, MDL Docket No. 2691, No. 16-2691, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Finds MillerCoors Did Not Misrepresent Blue Moon As Craft Beer

SAN DIEGO - A California federal judge on June 16 granted a beer company's motion to dismiss claims for violation of California's unfair competition law (UCL) and other California law claims, finding that it did not make misrepresentations about Blue Moon being a craft beer (Evan Parent, an individual on behalf of himself, a class of persons similarly situated, and the general public v. MillerCoors LLC, et al., No. 3:15-cv-1204, S.D. Calif.; 2016 U.S. Dist. LEXIS 78764).

Mealey's Labor & Employment - Employee Awarded $352,083 In Sexual Orientation Bias, Harassment Verdict

LOS ANGELES - In a two-phase special verdict filed June 13 and 14, a California state jury awarded an employee $352,083 on his claims that his former employer discriminated against him and harassed him based on his sexual orientation (Brandon Grey v. American Management Services, LLC, No. BC412760, Calif. Super., Los Angles Co.).

Mealey's Toxic Tort/Environmental - Court Nixes Replacement Parts Asbestos Claims, Reinstates Original Parts Claims

SAN FRANCISCO - Under California law, a plaintiff may not pursue asbestos claims involving replacement gaskets and packing, but the man submitted sufficient evidence of exposure to at least some original or spare parts to pursue those claims, a Ninth Circuit U.S. Court of Appeals panel held in partially reversing summary judgment June 16 (John H. Boyd III v. Warren Pumps LLC, No. 13-56975, John H. Boyd III v. Air & Liquid Systems Corp., sued individually and as successor-in-interest to Buffalo Pumps Inc., No. 14-57018, 9th Cir.).

Mealey's Labor & Employment - Motion For Sanctions Partially Granted In Wage Dispute For Destroyed Pay Records

SAN FRANCISCO - A California federal judge on June 13 partially granted a motion for sanctions against Menzies Aviation Inc. in a wage-and-hour class dispute after the company admitted to destroying years of pay records (Jessica Jimenez, et al. v. Menzies Aviation Inc., et al., No. 15-2392, N.D. Calif.; 2016 U.S. Dist. LEXIS 76675).

Mealey's Antitrust/Unfair Competition - Judge Rules For Production Company In Unlawful Broadcast Action

LOS ANGELES - A California federal judge on June 13 granted a broadcast company's motion for summary judgment on claims for violation of various broadcast laws and the California unfair competition law (UCL), finding that the owner of an establishment unlawfully broadcast a program for which it did not hold the license (J&J Sports Productions Inc. v. Leticia Ayala, et al., No. 14-07005, C.D. Calif.; 2016 U.S. Dist. LEXIS 76800).

Mealey's Litigation Procedure - Motion For Sanctions Partially Granted In Wage Dispute For Destroyed Pay Records

SAN FRANCISCO - A California federal judge on June 13 partially granted a motion for sanctions against Menzies Aviation Inc. in a wage-and-hour class dispute after the company admitted to destroying years of pay records (Jessica Jimenez, et al. v. Menzies Aviation Inc., et al., No. 15-2392, N.D. Calif.; 2016 U.S. Dist. LEXIS 76675).

Mealey's Insurance - Stay Would Not Be Fair To Parties In Bad Faith Lawsuit, Judge Rules

FRESNO, Calif. - A federal judge in California on June 14 denied motions to stay and to dismiss filed by insureds in an insurance breach of contract and bad faith lawsuit, ruling that staying the proceedings pending appeal of an underlying lawsuit would not be fair to the parties involved in the instant action (Paul Evert's RV Country Inc., et al. v. Universal Underwriters Insurance Co., No. 15-0124, E.D. Calif.; 2016 U.S. Dist. LEXIS 77360).

Mealey's IP/Tech - Federal Jury Awards Hookah Maker $2 Million In Knockoff Sales Suit

LOS ANGELES - A federal jury in California on June 8 awarded a hookah maker $2 million after finding that a wholesale retailer was selling a copyrighted hookah without the maker's permission (Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).

Mealey's Insurance - California Appeals Court: Man Waived Right To Appeal As Part Of Plea

RIVERSIDE, Calif. - A California appeals panel on June 9 refused to vacate a man's sentence of 24 months of probation after pleading guilty to two counts of making a fraudulent claim for payment of a loss under a contract of insurance, holding that he waived his right to appeal as part of the agreement (People of the State of California v. Ivan Romano, No. E064149, Calif. App., 4th Dist., Div. 2; 2016 Calif. App. Unpub. LEXIS 4225).

Mealey's Insurance - California Federal Judge Refuses To Dismiss New Claims Against Insurer

SACRAMENTO, Calif. - A California federal judge on June 8 denied an insurer's motion to dismiss an insured's claims related to an environmental contamination coverage dispute because it is not clear if the claims alleged against the insurer in a newly filed lawsuit arose after the insured's original 2012 lawsuit was filed against the insurer (Lennar Mare Island LLC v. Steadfast Insurance Co., et al., No. 12-2182, E.D. Calif.; 2016 U.S. Dist. LEXIS 74923).

Mealey's PI/Product Liability - Federal Jury Awards Hookah Maker $2 Million In Knockoff Sales Suit

LOS ANGELES - A federal jury in California on June 8 awarded a hookah maker $2 million after finding that a wholesale retailer was selling a copyrighted hookah without the maker's permission (Kaloud Inc. v. Shisha Land Wholesale Inc., No. 2:15-cv-3706, C.D. Calif.).