LexisNexis® Legal Newsroom
Mealey's Labor & Employment - $415 Million Settlement Granted Final Approval In Employees' Conspiracy Suit

SAN JOSE, Calif. - A California federal judge on Sept. 2 issued two orders: The first granted a motion for final approval of a $415 million settlement with Adobe Systems Inc., Apple Inc., Google Inc. and Intel Corp. on employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law, and the second partially granted motions for attorney fees, reimbursement of expenses and service awards (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - $415 Million Settlement Granted Final Approval In Employees' Conspiracy Suit

SAN JOSE, Calif. - A California federal judge on Sept. 2 issued two orders: The first granted a motion for final approval of a $415 million settlement with Adobe Systems Inc., Apple Inc., Google Inc. and Intel Corp. on employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law, and the second partially granted motions for attorney fees, reimbursement of expenses and service awards (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).

Mealey's Banking & Finance - Federal Judge Remands 17200 Claim Against Bank To California Court

LOS ANGELES - A California federal judge on Aug. 31 remanded a borrower's claims for violation of California's unfair competition law (UCL) to a state court for lack of jurisdiction, finding that a bank failed to show that the amount in controversy met jurisdictional requirements (Raymond Mott Jr. v. Wells Fargo Bank, N.A., et al., No. 15-5783, C.D. Calif.; 2015 U.S. Dist. LEXIS 116501).

Mealey's Litigation Procedure - Barnes & Noble May Subpoena Credit Card Statements In False Advertising Suit

SANTA ANA, Calif. - A lead plaintiff's credit card statements are relevant to establishing his putative class claim under California's Consumers Legal Remedies Act (CLRA), a California federal magistrate ruled Aug. 31, declining to quash a subpoena served on the credit card issuer by defendant Barnes & Noble Inc. (BN) (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 8:12-cv-00812, C.D. Calif.).

Mealey's Litigation Procedure - Sony, Ex-Employees Tentatively Settle Class Claims Over Data Breach

LOS ANGELES - In a jointly filed stipulation on Sept. 2, Sony Pictures Entertainment Inc. and a putative class of former employees whose personally identifying information (PII) was purportedly compromised in a 2014 network breach asked a California federal court to continue existing hearing and certification deadlines, citing a newly reached "agreement in principle to settle all" existing claims (Michael Corona, et al. v. Sony Pictures Entertainment Inc., No. 2:14-cv-09600, C.D. Calif.).

Mealey's Litigation Procedure - California Federal Judge Partially Certifies Uber Driver Class In Wage Suit

SAN FRANCISCO - A California federal judge on Sept. 1 partially certified a class of drivers who have driven in California for Uber Technologies Inc. and allege that they were improperly classified as independent contractors and denied reimbursement for all necessary expenditures, as well the full amount of gratuity left by customers (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.; 2015 U.S. Dist. LEXIS 116482).

Mealey's Litigation Procedure - $415 Million Settlement Granted Final Approval In Employees' Conspiracy Suit

SAN JOSE, Calif. - A California federal judge on Sept. 2 issued two orders: The first granted a motion for final approval of a $415 million settlement with Adobe Systems Inc., Apple Inc., Google Inc. and Intel Corp. on employees' claims that the high-tech companies conspired to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete for one another's employees in violation of federal antitrust law, and the second partially granted motions for attorney fees, reimbursement of expenses and service awards (In Re: High-Tech Employee Antitrust Litigation, No. 11-2509, N.D. Calif.).

Mealey's Litigation Procedure - Class Action Asserts Biometrics Violations In Facebook's Photo Tagging

SAN FRANCISCO - In a consolidated complaint filed Aug. 28 in California federal court, three Illinois residents allege violations of an Illinois biometrics statute by Facebook Inc. in the social network's "Tag Suggestions" feature for pictures (Carlo Licata, et al. v. Facebook Inc., No. 3:15-cv-03748, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Chipotle Hit With Class Suit Alleging GMO-Free Claims Are False

SAN FRANCISCO - Chipotle Mexican Grill Inc., a Mexican fast-food chain, is deceiving its customers by claiming that its products are free of genetically modified organisms (GMOs), a California woman claims in her class complaint filed Aug. 28 in the U.S. District Court for the Northern District of California (Colleen Gallagher, et al. v. Chipotle Mexican Grill, Inc., No. 15-3952, N.D. Calif.).

Mealey's IP/Tech - Class Action Asserts Biometrics Violations In Facebook's Photo Tagging

SAN FRANCISCO - In a consolidated complaint filed Aug. 28 in California federal court, three Illinois residents allege violations of an Illinois biometrics statute by Facebook Inc. in the social network's "Tag Suggestions" feature for pictures (Carlo Licata, et al. v. Facebook Inc., No. 3:15-cv-03748, N.D. Calif.).

Mealey's Litigation Procedure - Chipotle Hit With Class Suit Alleging GMO-Free Claims Are False

SAN FRANCISCO - Chipotle Mexican Grill Inc., a Mexican fast-food chain, is deceiving its customers by claiming that its products are free of genetically modified organisms (GMOs), a California woman claims in her class complaint filed Aug. 28 in the U.S. District Court for the Northern District of California (Colleen Gallagher, et al. v. Chipotle Mexican Grill, Inc., No. 15-3952, N.D. Calif.).

Mealey's IP/Tech - GPS Navigation App Maker Sues Waze, Google For Copying Database

SAN FRANCISCO - The creator of the PhantomALERT smart phone and global positioning system (GPS) device applications (apps) on Sept. 1 filed a copyright infringement lawsuit in California federal court, asserting that its proprietary database was copied and used in the competing Waze app (PhantomALERT Inc. v. Google Inc., et al., No. 3:15-cv-03986, N.D. Calif.).

Mealey's IP/Tech - Texas Magistrate Judge Won't Transfer Patent Case To California

MARSHALL, Texas - Efforts by two patent infringement defendants to transfer the allegations levied against them to the U.S. District Court for the Northern District of California were rejected Sept. 1 by a Texas federal magistrate judge (Core Wireless Licensing S.A.R.L. v. LG Electronics Inc. et al., No. 14-911, E.D. Texas; 2015 U.S. Dist. LEXIS 115801).

Mealey's Labor & Employment - Calif. Federal Judge Refuses To Certify Class In Suit Alleging Fees Are Excessive

LOS ANGELES - A California federal judge on Aug. 28 denied a motion for class certification in a suit alleging that administrative and management fees charged by a retirement plan provider are excessive because the requirement of predominance is not satisfied as there are numerous individual questions that would have to be answered based on a plan-by-plan analysis (Jaclyn Santomenno et al. V. Transamerica Life Insurance Co. et al., No. 12-02782, C.D. Calif.; 2015 U.S. Dist. LEXIS 114829).

Mealey's PI/Product Liability - Court Finds Homeowner Lacked Standing To Assert UCL Claim Under Warranty

SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary or property damages (Alice J. Benham v. First America Home Buyers Protection Corp., et al., No. 141034, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 6265).

Mealey's Insurance - Federal Judge: Insured's Claim For Defense Costs Reimbursement Not Yet Ripe

LOS ANGELES - A California federal judge found Aug. 28 that an insured's claim seeking a declaration regarding his right to reimbursement of defense costs is not yet ripe for a ruling, denying the insured's motion for partial summary judgment in a directors and officers liability coverage dispute (John B. Clark Jr. v. Travelers Casualty Insurance Company of America, No. 14-08248, C.D. Calif.; 2015 U.S. Dist. LEXIS 114877).

Mealey's IP/Tech - 9th Circuit Affirms: Lost Profits Properly Barred in Trade Dress Case

SAN FRANCISCO - A California federal judge did not err in granting a new trial on trade dress infringement allegations, nor in his decision to exclude a plaintiff's damages expert at the new trial and bar the plaintiff from seeking lost profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 31 (Stop Staring! Designs v. Tatyana LLC, d/b/a Bettie Page Clothing, No. 13-55051, 9th Cir.; 2015 U.S. App. LEXIS 15388).

Mealey's Antitrust/Unfair Competition - Court Finds Homeowner Lacked Standing To Assert UCL Claim Under Warranty

SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary or property damages (Alice J. Benham v. First America Home Buyers Protection Corp., et al., No. 141034, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 6265).

Mealey's PI/Product Liability - Judge Finds Plaintiffs Didn't Intend To Abandon Asbestos Claims, Remands Case

SAN FRANCISCO - Plaintiffs inadvertently dropped damages claims against one of the two remaining asbestos talc defendants based on their subsequent behavior, a federal judge in California held in remanding the action on Aug. 28 (Elia B. Uribes, et al. v. BASF Catalysts LLC, et al., No. 15-2131, N.D. Calif.; 2015 U.S. Dist. LEXIS 114873).

Mealey's Toxic Tort/Environmental - Judge Finds Plaintiffs Didn't Intend To Abandon Asbestos Claims, Remands Case

SAN FRANCISCO - Plaintiffs inadvertently dropped damages claims against one of the two remaining asbestos talc defendants based on their subsequent behavior, a federal judge in California held in remanding the action on Aug. 28 (Elia B. Uribes, et al. v. BASF Catalysts LLC, et al., No. 15-2131, N.D. Calif.; 2015 U.S. Dist. LEXIS 114873).

Mealey's PI/Product Liability - California Judge: Counties' Opioid Marketing Claims Best Left To FDA

SANTA ANA, Calif. - A California judge issued a tentative ruling on Aug. 27 in a lawsuit by two counties against six drug manufacturers, saying the plaintiffs' concerns about the marketing of opioid drugs is best left to the Food and Drug Administration (People of the State of California v. Purdue Pharma, et al., No. 2014-00725287, Calif. Super., Orange Co.).

Mealey's Labor & Employment - Federal Judge Stays Class Action Against Brink's Pending Ruling

OAKLAND, Calif. - A California federal judge on Aug. 25 stayed a class action filed against a security company in which an employee asserts claims over hours and wages and violations of the California unfair competition law pending the outcome of a similar class action filed against the company (Ernie Ricardo Fernandez v. Brink's Inc., et al., No. 15-cv-02667, N.D. Calif.; 2015 U.S. Dist. LEXIS 112676).

Mealey's Antitrust/Unfair Competition - Judge Finds Food Equipment Maker's Claims Lack Details, Dismisses Case

LOS ANGELES - A California federal judge on Aug. 25 dismissed a food equipment maker's complaint, which asserted claims for fraud, violation of California's unfair competition law (UCL) and other allegations against a food company, finding that it failed to plead its claims with the required particularity (Super Chefs Inc. v. Second Bite Foods Inc., dba Stone Gate Foods LLC, No. 15-00525, C.D. Calif.; 2015 U.S. Dist. LEXIS 113468).

Mealey's Antitrust/Unfair Competition - Federal Judge Stays Class Action Against Brink's Pending Ruling

OAKLAND, Calif. - A California federal judge on Aug. 25 stayed a class action filed against a security company in which an employee asserts claims over hours and wages and violations of the California unfair competition law pending the outcome of a similar class action filed against the company (Ernie Ricardo Fernandez v. Brink's Inc., et al., No. 15-cv-02667, N.D. Calif.; 2015 U.S. Dist. LEXIS 112676).

Mealey's Labor & Employment - Split Labor Board Redefines Joint-Employer Standard

WASHINGTON, D.C. - A sharply divided National Labor Relations Board (NLRB) on Aug. 27 redefined and expanded its standard for assessing joint-employer status under the National Labor Relations Act (Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b/a Leadpoint Business Services, and Sanitary Truck Drivers and Helpers Local 350, International Brotherhood of Teamsters, No. 32-RC-109684, NLRB).