LexisNexis® Legal Newsroom
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.

Mealey's Banking & Finance - 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 Toxic Tort/Environmental - San Diego: PCB Claims Against Monsanto Valid; Property Interests At Issue

SAN DIEGO - The city of San Diego and its port district on April 7 filed a brief in California federal court contending that their second amended complaint against Monsanto Co. regarding alleged contamination of the city's water system with polychlorinated biphenyls (PCBs) should not be dismissed because the city has multiple property interests that are affected by the company's PCBs (San Diego Unified Port District, et al v. Monsanto Company, et al., No. 15-578, S.D. Calif.).

Mealey's Litigation Procedure - Judge Urges Resolution After $454M Surgical Gown Verdict For California Class

LOS ANGELES - Moments after a California federal jury returned a $454 million verdict in a California class action trial involving MicroCool surgical gowns, the judge on April 7 urged the parties to try to resolve the dispute to avoid having the matter go on "for many years further after today's verdict" (Bahamas Surgery Center, LLC, et al. v. Kimberly Clarke Corporation, et al., No. 14-8390, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Urges Resolution After $454M Surgical Gown Verdict For California Class

LOS ANGELES - Moments after a California federal jury returned a $454 million verdict in a California class action trial involving MicroCool surgical gowns, the judge on April 7 urged the parties to try to resolve the dispute to avoid having the matter go on "for many years further after today's verdict" (Bahamas Surgery Center, LLC, et al. v. Kimberly Clarke Corporation, et al., No. 14-8390, C.D. Calif.).

Mealey's Litigation Procedure - Judge Allows Some Claims In Suit Alleging Stem Cell Treatments Are Scam

SAN DIEGO - Customers of a stem cell therapy business sufficiently plead that the business advertised false and misleading information on its website about consumer satisfaction rates in a way that was deceptive to potential customers, though they must amend their class claims that the business misrepresented the efficacy of its treatments if those claims are to proceed, a California federal judge held April 6 (Selena Moorer, et al. v. StemGenex Medical Group, Inc., et al., No. 3:16-cv-02816, S.D. Calif., 2017 U.S. Dist. LEXIS 53294).

Mealey's Insurance - Judge: Insurer Must Contribute $2.6M To Settlement Arising From Molestation Claims

SAN FRANCISCO - A California federal judge on April 7 held that an insurer must contribute $2.6 million to the $15.8 million that another insurer paid to settle underlying negligent supervision claims against a California school district and three of its administrators arising from allegations that a teacher sexually molested three students (Westport Insurance Corp. v. California Casualty Management Co., No. 16-01246, N.D. Calif., 2017 U.S. Dist. LEXIS 53903).

Mealey's Antitrust/Unfair Competition - Judge Grants Motion To Strike Punitive Damages Claim Related To Car Issues

FRESNO, Calif. - A California federal judge on April 7 granted a motion filed by Ford Motor Co. to strike a consumer's punitive damages claim, finding that her claims under California's unfair competition law (UCL) and other claims do not allow for punitive damages (Beverly J. Marshall v. Ford Motor Company, et al., No. 1:17-CV-0006, E.D. Calif., 2017 U.S. Dist. LEXIS 53935).

Mealey's Insurance - Justice Wants Feedback Regarding Call For Creation Of Ancillary Receivership

NEW YORK - A New York justice on April 6 issued an order to show cause, asking for input regarding the request by the head of the state's insurance regulatory body for an order creating an ancillary receivership of an insolvent California insurer (In the Matter of the Application of Maria T. Vullo, Superintendent of Financial Services of the State of New York, for an Order of Appointment as Ancillary Receiver of CastlePoint National Insurance Company, No. 153214/2017, N.Y. Sup., New York Co.).

Mealey's Antitrust/Unfair Competition - Judge Allows Some Claims In Suit Alleging Stem Cell Treatments Are Scam

SAN DIEGO - Customers of a stem cell therapy business sufficiently plead that the business advertised false and misleading information on its website about consumer satisfaction rates in a way that was deceptive to potential customers, though they must amend their class claims that the business misrepresented the efficacy of its treatments if those claims are to proceed, a California federal judge held April 6 (Selena Moorer, et al. v. StemGenex Medical Group, Inc., et al., No. 3:16-cv-02816, S.D. Calif., 2017 U.S. Dist. LEXIS 53294).

Mealey's Labor & Employment - Twice Fired Garbage Truck Driver May Proceed With Wrongful Termination Claim

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on April 7 reinstated a wrongful termination claim by a garbage truck driver who was fired twice by the same employer, finding that the employer's proffered reason for the second firing - the employee's failure to provide proof of his legal right to work in the United States - violated California public policy (Gilberto Santillan v. USA Waste of California, Inc., No. 15-55238, 9th Cir., 2017 U.S. App. LEXIS 6027).

Mealey's PI/Product Liability - Judge Urges Resolution After $454M Surgical Gown Verdict For California Class

LOS ANGELES - Moments after a California federal jury returned a $454 million verdict in a California class action trial involving MicroCool surgical gowns, the judge on April 7 urged the parties to try to resolve the dispute to avoid having the matter go on "for many years further after today's verdict" (Bahamas Surgery Center, LLC, et al. v. Kimberly Clarke Corporation, et al., No. 14-8390, C.D. Calif.).

Mealey's Banking & Finance - Judge Holds TILA Claim Is Barred, Finds Lack Of Federal Jurisdiction

SAN JOSE, Calif. - After finding a lack of federal jurisdiction over claims related to a foreclosure case and that amendment would be futile, a California federal judge on April 6 dismissed claims for violation of the Truth in Lending Act (TILA) and state law claims against a lender and trustee (Jose R. Carnero, et al. v. Elk Grove Financial LLC, et al., No. 16-cv-03606, N.D. Calif., 2017 U.S. Dist. LEXIS 53290).