LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Federal Judge Refuses To Compel Arbitration Of UCL And Employment Claims

LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).

Mealey's Litigation Procedure - Federal Judge Refuses To Compel Arbitration Of UCL And Employment Claims

LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).

Mealey's Banking & Finance - California Court Finds Claims Against Bank Barred By Res Judicata

LOS ANGELES - A California court on Oct. 13 affirmed the dismissal of a property owner's claims for violation of California's unfair competition law (UCL), breach of warranty and other claims, finding that the causes of action were barred by the "claim preclusion" concept in the doctrine of res judicata (Kirsten Cole v. J.P. Morgan Chase, N.A., No. B258403, Calif. App., 2nd Dist., Div. 5; 2015 Cal. App. Unpub. LEXIS 7353).

Mealey's Antitrust/Unfair Competition - Federal Judge Refuses To Compel Arbitration Of UCL And Employment Claims

LOS ANGELES - After finding that certain terms of an arbitration agreement in an employment contract were unconscionable, a California federal judge on Oct. 14 refused to compel arbitration of the claims for violation of California's unfair competition law (UCL) and labor laws (Brandyn Ridgeway, et al. v Nabors Completion & Production Services Co., et al., No. 15-03436, C.D. Calif.; 2015 U.S. Dist. LEXIS 140012).

Mealey's Toxic Tort/Environmental - Judge Denies Property Owner's Motion To Dismiss Tainted Groundwater Lawsuit

SAN FRANCISCO - The federal judge presiding over the lawsuit brought by the current owner of a contaminated property that has subsequently resulted in groundwater tainted with toxins ruled Oct. 14 that a group owning 28 acres on a portion of the property in question lacks affirmative defenses barring the lawsuit (Northern California River Watch v. Fluor Corporation, No. 10-05105, N.D. Calif.; 2015 U.S. Dist. LEXIS 140047).

Mealey's Antitrust/Unfair Competition - California Court Finds Claims Against Bank Barred By Res Judicata

LOS ANGELES - A California court on Oct. 13 affirmed the dismissal of a property owner's claims for violation of California's unfair competition law (UCL), breach of warranty and other claims, finding that the causes of action were barred by the "claim preclusion" concept in the doctrine of res judicata (Kirsten Cole v. J.P. Morgan Chase, N.A., No. B258403, Calif. App., 2nd Dist., Div. 5; 2015 Cal. App. Unpub. LEXIS 7353).

Mealey's Antitrust/Unfair Competition - California Court Affirms Dismissal Of Borrower's Foreclosure-Related Claims

SAN FRANCISCO - Noting that a borrower's numerous causes of action, including claims for violation of California's unfair competition law (UCL), wrongful foreclosure and other claims were repeatedly dismissed in other cases, a California court on Oct. 13 affirmed dismissal of the case without leave to amend (Honorio R. Millari v. JP Morgan Chase Bank, N.A., No. A142272, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 7301).

Mealey's IP/Tech - Summary Judgment Denied By California Judge In Trademark Case

SAN DIEGO - Citing genuine issues of material fact surrounding the existence of an implied license to use a disputed trademark, a California federal judge on Oct. 13 denied a request by two defendants for summary judgment (Seth Wallack, et al. v. IDEXX Laboratories Inc., et al., No. 11-2996, S.D. Calif.).

Mealey's IP/Tech - Final Judgment In Apple, Samsung Case Summarily Affirmed By Federal Circuit

WASHINGTON, D.C. - A motion by Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. (Samsung, collectively) to stay enforcement of a final, $548 million judgment in California patent litigation with Apple Inc. was rejected Oct. 13 by the Federal Circuit U.S. Court of Appeals (Apple Inc. v. Samsung Electronics America Inc., No. 15-2088, Fed. Cir.).

Mealey's IP/Tech - Craigslist Granted Default Judgment Against Accused Online Content Scraper

SAN FRANCISCO - A man accused of "scraping" and copying the listings from the website of Craigslist Inc. had default judgment entered against him on Oct. 11 by a California federal judge, in light of the defendant's failure to respond to the claims against him by the online classified advertisement site operator (Craigslist Inc. v. 3Taps Inc., et al., No. 3:12-cv-03816, N.D. Calif.).

Mealey's Litigation Procedure - Class Of Disability Benefits Applicants Certified In Suit Over Disqualified Doctor

SAN FRANCISCO - A California federal judge on Oct. 9 certified a class of disability benefits applicants suing the acting commissioner of Social Security over the administration's decision to deny them benefits based on examinations performed by a doctor who was later disqualified (Kevin Hart, et al. v. Carolyn W. Colvin, No. 15-623, N.D. Calif.; 2015 U.S. Dist. LEXIS 138673).

Mealey's Labor & Employment - Calif. Federal Judge Certifies Class, Rejects Settlement In Cascade Wage Suit

FRESNO, Calif. - A California federal judge on Oct. 8 granted the motions for certification of the Federal Rule of Civil Procedure 23 class and conditional certification of the Fair Labor Standards Act (FLSA) collective action in the wage-and-hour complaint filed against Cascade Water Services Inc., but denied preliminary approval of the $150,000 settlement due to concerns about the fairness of it (Nicholas Millan, et al. v. Cascade Water Services, Inc., et al., No. 12-1821, E.D. Calif.; 2015 U.S. Dist. LEXIS 138666).

Mealey's PI/Product Liability - California Jury Returns Defense Verdict For 2 In Oil Refinery Asbestos Case

OAKLAND, Calif. - A California jury on Oct. 7 returned a verdict for two companies accused of exposing a man to asbestos at an oil refinery, sources told Mealey's Publications (James Harkin v. John Crane Inc., No. RG15758794, Calif. Super., Alameda Co.).

Mealey's IP/Tech - Symantec Wins Stay Of California Patent Infringement Litigation

SAN FRANCISCO - A California federal judge on Oct. 9 agreed with Symantec Corp. that a stay of patent infringement claims is warranted, while the U.S. Patent and Trademark Office (PTO) decides whether to institute inter partes review (IPR) of the claims asserted in the case (Finjan Inc. v. Symantec Corp., No. 14-2998, N.D. Calif.; 2015 U.S. Dist. LEXIS 138561).

Mealey's Litigation Procedure - Calif. Federal Judge Certifies Class, Rejects Settlement In Cascade Wage Suit

FRESNO, Calif. - A California federal judge on Oct. 8 granted the motions for certification of the Federal Rule of Civil Procedure 23 class and conditional certification of the Fair Labor Standards Act (FLSA) collective action in the wage-and-hour complaint filed against Cascade Water Services Inc., but denied preliminary approval of the $150,000 settlement due to concerns about the fairness of it (Nicholas Millan, et al. v. Cascade Water Services, Inc., et al., No. 12-1821, E.D. Calif.; 2015 U.S. Dist. LEXIS 138666).

Mealey's Litigation Procedure - Stay Denied In FCRA Class Suit; Judge Finds High Court Rulings Don't Affect Standing

SAN FRANCISCO - A California federal judge on Oct. 8 denied a defendant's motion to stay a Fair Credit Reporting Act (FCRA) suit pending the U.S. Supreme Court's resolution of Spokeo Inc. v. Robins (135 S. Ct. 1892 [2015]) and Tyson Foods Inc. v. Bouaphakeo (135 S. Ct. 2806 [2015]), finding that the plaintiff's alleged injuries in the present case clearly provide standing to pursue his claims no matter what the decision is in either high court case (John Doe v. Selection.com, No. 15-2338, N.D. Calif.; 2015 U.S. Dist. LEXIS 137903).

Mealey's Insurance - California Federal Judge Says Insured Owed Coverage Under Contamination Policy

SACRAMENTO, Calif. - An insured seeking coverage for more than $12 million in expenses that it incurred as a result of the suspension of its poultry operations because of salmonella contamination is owed coverage under a policy's accidental contamination coverage provision and the policy's government recall provision, a California federal judge said Oct. 9 (Foster Poultry Farms Inc. v. Certain Underwriters at Lloyd's London, No. 14-953, E.D. Calif.; 2015 U.S. Dist. LEXIS 138609).

Mealey's Toxic Tort/Environmental - California Jury Returns Defense Verdict For 2 In Oil Refinery Asbestos Case

OAKLAND, Calif. - A California jury on Oct. 7 returned a verdict for two companies accused of exposing a man to asbestos at an oil refinery, sources told Mealey Publications (James Harkin v. John Crane Inc., No. RG15758794, Calif. Super., Alameda Co.).

Mealey's IP/Tech - Trademark, Copyright Claims By Adobe Transferred By California Federal Judge

SAN FRANCISCO - Efforts by a trademark and copyright infringement defendant to defend the action in Pennsylvania were successful Oct. 7, when a California federal judge agreed to transfer the case (Adobe Systems Inc. v. Cardinal Camera & Video Center Inc., No. 15-2991, N.D. Calif.; 2015 U.S. Dist. LEXIS 137153).

Mealey's Litigation Procedure - Judge Finds Path Officers Not Exempt From Depositions In Privacy Suit

SAN FRANCISCO - Two officers from a firm that makes applications (apps) used on certain Apple Inc. devices (iDevices), which are at the heart of a privacy class action, are not exempt from submitting to the plaintiffs' deposition requests, a California federal judge ruled Oct. 8, finding that both officers possessed unique and personal knowledge of the purported privacy violations (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.).

Mealey's Litigation Procedure - Judge Declines To 'Interfere' With Congressional Subpoena On Anti-Abortion Group

SAN FRANCISCO - A California federal judge on Oct. 6 declined to bar the chief executive officer of an anti-abortion organization from providing documents and videos in response to a congressional subpoena regarding a series of highly publicized anti-Planned Parenthood (PP) videos, disagreeing with an abortion rights firm's assertion that compliance with the subpoena would violate a prior court-issued temporary restraining order (TRO) (National Abortion Federation v. Center for Medical Progress, et al., No. 3:15-cv-03522, N.C. Calif.).

Mealey's Insurance - Evidence Does Not Support Insurer's Denial Of Long-Term Claim, Federal Judge Says

SAN FRANCISCO - A California federal judge on Oct. 8 entered judgment in favor of a disability claimant after determining that the claimant is entitled to the reinstatement of her long-term disability benefits because the evidence does not support the insurer's conclusion that the claimant's statements or her physicians' conclusions lack credibility (Lizabeth Healy v. Fortis Benefits Insurance Co., et al., No. 14-832, N.D. Calif.; 2015 U.S. Dist. LEXIS 122330).

Mealey's IP/Tech - 9th Circuit Affirms; Yoga Sequences Not Entitled To Copyright

SAN FRANCISCO - A California federal judge properly granted a yoga studio accused of copyright infringement summary judgment because the 26 yoga sequences asserted by a plaintiff are not copyrightable under Section 102(b) of the Copyright Act, the Ninth Circuit U.S. Court of Appeals ruled Oct. 8 (Bikram's Yoga College of India L.P. and Bikram Choudhury v. Evolation Yoga LLC, et al., No. 13-55763, 9th Cir.; 2015 U.S. App. LEXIS 17615).

Mealey's Litigation Procedure - Federal Judge Remands Class Action Filed By California Truck Drivers

LOS ANGELES - A California federal judge on Oct. 5 remanded a proposed class action in relation to employee misclassification filed on behalf of California truck drivers, who assert claims for violation of California's unfair competition law (UCL), finding that the $5 million amount in controversy requirement was not met (Leonard Vitale v. Celadon Trucking Services, et al., No. 15-5193, C.D. Calif.; 2015 U.S. Dist. LEXIS 135689).

Mealey's Labor & Employment - Federal Judge Remands Class Action Filed By California Truck Drivers

LOS ANGELES - A California federal judge on Oct. 5 remanded a proposed class action in relation to employee misclassification filed on behalf of California truck drivers, who assert claims for violation of California's unfair competition law (UCL), finding that the $5 million amount in controversy requirement was not met (Leonard Vitale v. Celadon Trucking Services, et al., No. 15-5193, C.D. Calif.; 2015 U.S. Dist. LEXIS 135689).