LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Magistrate Judge Requests Briefing On Copyright Defenses

SAN DIEGO - A California federal magistrate judge on Aug. 4 directed Conan O'Brien and other copyright infringement co-defendants to file a proposed amended answer and supplemental brief justifying their request to reopen discovery in the case, based upon representations by plaintiff's counsel that an underlying copyright registration will be canceled or corrected (Robert Alexander Kaseberg v. Conan O'Brien, et al., No. 15-1637, S.D. Calif., 2017 U.S. Dist. LEXIS 123703).

Mealey's Toxic Tort/Environmental - Judge Stays Cities' Suits Against Monsanto To Exhaust Administrative Remedies

SAN JOSE, Calif. - A federal judge in California on Aug. 4 stayed three lawsuits filed by cities seeking to recover damages from Monsanto Co., Solutia Inc. and Pharmacia Corp. for increased costs the cities have incurred to maintain compliance with permits for discharges of stormwater containing polychlorinated biphenyls, finding that the cities need to exhaust all administrative remedies before their federal lawsuit can proceed (City of San Jose v. Monsanto Company, et al., No. 15-cv-03178, City of Oakland v. Monsanto Company, et al., No. 15-cv-5152, City of Berkeley v. Monsanto Company, et al., No. 15-cv-00071, N.D. Calif., 2017 U.S. Dist. LEXIS 123673).

Mealey's Securities/D&O Liability - 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 PI/Product Liability - Jury Finds City, Railroad Company Not At Fault In Fatal Motorcycle Crash

SAN DIEGO - A California jury on Aug. 7 found that a railroad company and the city of San Diego were not liable for the death of a motorcyclist whose parents claimed that he died after running over a pothole and was ejected off of his bike (Estate of Jamie Scott Powell, et. al. v. City of San Diego, et al., No. 37-2015-00017317-CU-PO-CTL, Calif. Super., San Diego Co.).

Mealey's Litigation Procedure - 9th Circuit Again Finds Fault In Expert Witness Rulings In Water Contamination Row

PASADENA, Calif. - A federal trial court abused its discretion twice when making two expert witness decisions against a California city, and the errors were prejudicial to the city in its claims that its groundwater was polluted by a chemical in a company's fertilizer products, the Ninth Circuit U.S. Court of Appeals held Aug. 7 in vacating the trial court's judgment and remanding for a new trial (City of Pomona v. SQM North America Corporation, No. 15-56062, 9th Cir., 2017 U.S. App. LEXIS 14491).

Mealey's Labor & Employment - 9th Circuit Finds Nordstrom Employees Failed To Show They Had To Work 7 Days A Week

PASADENA, Calif. - Two workers who claimed that their employer, Nordstrom Inc., violated California law failed to show that they were forced to work more than six consecutive days in any one work week, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Christopher Mendoza, et al. v. Nordstrom Inc., Nos. 12-57130 and 12-57144, 9th Cir., 2017 U.S. App. LEXIS 14249).

Mealey's PI/Product Liability - American Pipe Tolling Does Not Apply To Claims In Securities Suit, Panel Rules

PHILADELPHIA - American Pipe & Construction Co. v. Utah tolling does not apply to claims in four related securities class action lawsuits against pharmaceutical companies and others that misrepresented the clinical trial results for a cholesterol treatment drug in violation of federal securities laws based on the U.S. Supreme Court's recent ruling in California Public Employees Retirement System v. ANZ Securities Inc., a Third Circuit U.S. Court of Appeals panel ruled Aug. 3 in reversing and remanding in a nonprecedential opinion (North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1364, 3rd Cir.; GIC Private Limited v. Merck & Co. Inc., et al., No. 1365, 3rd Cir.; GIC Private Limited v. Merck & Co., et al., No. 16-1366, 3rd Cir.; and North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1367, 3rd Cir.; 2017 U.S. App. LEXIS 14170).

Mealey's Litigation Procedure - American Pipe Tolling Does Not Apply To Claims In Securities Suit, Panel Rules

PHILADELPHIA - American Pipe & Construction Co. v. Utah tolling does not apply to claims in four related securities class action lawsuits against pharmaceutical companies and others that misrepresented the clinical trial results for a cholesterol treatment drug in violation of federal securities laws based on the U.S. Supreme Court's recent ruling in California Public Employees Retirement System v. ANZ Securities Inc., a Third Circuit U.S. Court of Appeals panel ruled Aug. 3 in reversing and remanding in a nonprecedential opinion (North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1364, 3rd Cir.; GIC Private Limited v. Merck & Co. Inc., et al., No. 1365, 3rd Cir.; GIC Private Limited v. Merck & Co., et al., No. 16-1366, 3rd Cir.; and North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1367, 3rd Cir.; 2017 U.S. App. LEXIS 14170).

Mealey's Antitrust/Unfair Competition - Court Finds Judge Erred In Dismissing UCL, Wrongful Foreclosure Claims

SAN FRANCISCO - After finding that a borrower sufficiently alleged facts to support his claims for violation of California's unfair competition law (UCL) and wrongful foreclosure against two lenders, a California appeals panel on Aug. 2 reversed a decision granting dismissal of his claims against them and remanded the case for further proceedings (Ronald Cupp v. Federal National Mortgage Association, et al., Nos. A148011, A148507, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5306).

Mealey's Banking & Finance - Court Finds Judge Erred In Dismissing UCL, Wrongful Foreclosure Claims

SAN FRANCISCO - After finding that a borrower sufficiently alleged facts to support his claims for violation of California's unfair competition law (UCL) and wrongful foreclosure against two lenders, a California appeals panel on Aug. 2 reversed a decision granting dismissal of his claims against them and remanded the case for further proceedings (Ronald Cupp v. Federal National Mortgage Association, et al., Nos. A148011, A148507, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5306).

Mealey's Securities/D&O Liability - American Pipe Tolling Does Not Apply To Claims In Securities Suit, Panel Rules

PHILADELPHIA - American Pipe & Construction Co. v. Utah tolling does not apply to claims in four related securities class action lawsuits against pharmaceutical companies and others that misrepresented the clinical trial results for a cholesterol treatment drug in violation of federal securities laws based on the U.S. Supreme Court's recent ruling in California Public Employees Retirement System v. ANZ Securities Inc., a Third Circuit U.S. Court of Appeals panel ruled Aug. 3 in reversing and remanding in a nonprecedential opinion (North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1364, 3rd Cir.; GIC Private Limited v. Merck & Co. Inc., et al., No. 1365, 3rd Cir.; GIC Private Limited v. Merck & Co., et al., No. 16-1366, 3rd Cir.; and North Sound Capital LLC, et al. v. Merck & Co. Inc., et al., No. 16-1367, 3rd Cir.; 2017 U.S. App. LEXIS 14170).

Mealey's IP/Tech - California Federal Judge Dismisses Antitrust Claims, But Patent Claims Survive

SAN FRANCISCO - Although a defendant won dismissal of allegations that he violated the Sherman Act, 15 U.S.C. 2, a plaintiff's request for a declaration of inequitable conduct before the U.S. Patent and Trademark Office (PTO) will proceed, a California federal judge ruled Aug. 2 (Ojmar US LLC v. Security People Inc., et al., No. 16-4948, N.D. Calif., 2017 U.S. Dist. LEXIS 121825).

Mealey's Banking & Finance - 2nd Circuit Finds No Support For HBOR, Fraud Claims, Affirms Dismissal

NEW YORK - After finding that a borrower failed to state a cognizable claim for fraud or violation of California housing law, the Second Circuit U.S. Court of Appeals on Aug. 1 affirmed a district court's dismissal of her case without leave to amend (Lovella Horton v. Wells Fargo Bank, N.A., et al., No. 16-4187, 2nd Cir., 2017 U.S. App. LEXIS 13902).

Mealey's Antitrust/Unfair Competition - Federal Judge Remands UCL Claims Related To Alleged Generic Drug Scheme

LOS ANGELES - A California federal judge on July 31 remanded a case in which the People of the State of California assert claims for violation of California's unfair competition law against numerous pharmaceutical companies and drugmakers, finding that the real plaintiff in the case is the state of California and that the case should be decided in state court (People of the State of California v. Boehringer Ingelheim Pharmaceuticals, Inc., et. al., No. 17-00923, C.D. Calif., 2017 U.S. Dist. LEXIS 121067).

Mealey's Antitrust/Unfair Competition - Federal Judge Refuses To Enjoin Bank From Foreclosing On Property

SAN FRANCISCO - A California federal judge on Aug. 1 denied a borrower's request for a temporary restraining order enjoining a foreclosure on her property, finding that she failed to show that she would likely succeed on the merits (Jeff Velasquez v. Wells Fargo, N.A., et al., No. 17-cv-03868, N.D. Calif., 2017 U.S. Dist. LEXIS 120915).

Mealey's Banking & Finance - Federal Judge Refuses To Enjoin Bank From Foreclosing On Property

SAN FRANCISCO - A California federal judge on Aug. 1 denied a borrower's request for a temporary restraining order enjoining a foreclosure on her property, finding that she failed to show that she would likely succeed on the merits (Jeff Velasquez v. Wells Fargo, N.A., et al., No. 17-cv-03868, N.D. Calif., 2017 U.S. Dist. LEXIS 120915).

Mealey's Labor & Employment - 9th Circuit Panel Says Summary Plan Description Covers Reimbursement Provisions

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Aug. 1 vacated a California federal judge's grant of summary judgment in favor of health plan participants, saying the judge erred in enjoining the plan and its board of directors from enforcing summary plan description provisions regarding reimbursement of benefits previously paid upon a plan participant's receipt of a third-party recovery (Danielle Mull, et al. v. Motion Picture Industry Health Plan, et al., No. 15-56246, 9th Cir., 2017 U.S. App. LEXIS 13949).

Mealey's Litigation Procedure - Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed

SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).

Mealey's Labor & Employment - Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed

SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).

Mealey's Antitrust/Unfair Competition - Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed

SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).

Mealey's PI/Product Liability - California Appeals Panel Upholds Defense Verdict In Snowboarding Injury Suit

SACRAMENTO, Calif. - A California appellate panel in a July 27 unpublished opinion upheld a defense verdict in a premises liability suit after finding that the trial court did not err by submitting a premises liability case to the jury as an "assumption of risk" case because colliding with a snowmobile is an inherent risk of snowboarding (Dominique Forrester v. Sierra At Tahoe, C079107, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 5204).

Mealey's IP/Tech - Federal Circuit Says Evidence Lacking That SanDisk Intended To Deceive

WASHINGTON, D.C. - A California federal judge properly granted SanDisk LLC summary judgment on allegations that SanDisk intended to deceive the U.S. Patent and Trademark Office when procuring two patents relating to flash memory, the Federal Circuit U.S. Court of Appeals ruled July 27 (Alfred T. Giuliano, et al. v. SanDisk LLC, No. 16-2166, Fed. Cir., 2017 U.S. App. LEXIS 13577).

Mealey's Antitrust/Unfair Competition - No Federal Question In Suit Over Casino's Management, Judge Says In Dismissing

FRESNO, Calif. - A casino consultant's state law claims that it suffered damages when an Indian tribe failed to obtain federal approval of a management agreement between the parties cannot be litigated in federal court because they do not implicate a federal law, a federal judge in California held July 27 in granting the tribe's motion to dismiss the consultant's complaint (Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians, et al., No. 1:17-cv-00394, E.D. Calif., 2017 U.S. Dist. LEXIS 118065).

Mealey's Labor & Employment - Magistrate Defines Scope Of Discovery In Google ADEA Lawsuit

SAN JOSE, Calif. - A California federal magistrate judge on July 27 permitted Google Inc. to conduct discovery on a sampling of the plaintiffs who have opted into a collective action alleging discriminatory hiring practices under the Age Discrimination in Employment Act (ADEA), while limiting the amount of discovery Google may seek from each plaintiff (Robert Heath, et al. v. Google Inc., No. 5:15-cv-01824, N.D. Calif.).

Mealey's Labor & Employment - Plan Will Not Be Prejudiced If Disability Claimant Proceeds Under Pseudonym

OAKLAND, Calif. - A California federal judge on July 26 granted a disability claimant's motion to proceed under a pseudonym after determining that the need for anonymity outweighs prejudice to the defendant and the public's interest in knowing the claimant's identity (John Doe v. Lincoln National Life Insurance Co., No. 17-3963, N.D. Calif., 2017 U.S. Dist. LEXIS 117110).