LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class Of Egg Donors Alleging Price Fixing Granted Partial Certification

SAN FRANCISCO - A California federal magistrate judge on Feb. 3 partially granted a motion for class certification filed by two egg donors who allege that compensation guidelines established by two reproductive societies constitute a price fixing agreement (Lindsay Kamakahi v. American Society for Reproductive Medicine, et al., No. 11-1781, N.D. Calif.; 2015 U.S. Dist. LEXIS 12677).

Mealey's Litigation Procedure - California Federal Judge: New Class Suit Over Google Buzz Barred By Res Judicata

SAN JOSE, Calif. - A California federal judge on Feb. 2 dismissed a Stored Communications Act (SCA) class complaint brought against Google Inc. over its social networking tool, finding that the complaint was barred by res judicata (Michael Amalfitano v. Google Inc., No. 14-673, N.D. Calif.; 2015 U.S. Dist. LEXIS 12096).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Case Alleging Used Car Company Didn't Supply Proper Certification

FRESNO, Calif. - A federal judge in California on Jan. 30 for the second time dismissed a case, including a claim for violation of the state's unfair competition law (UCL), alleging that a used car company failed to supply a form showing that all of the components of the vehicle were inspected during the certification process, this time with prejudice (Patricia A. Sigala v. CarMax Auto Superstores, No. 14-1451, E.D. Calif.; 2015 U.S. Dist. LEXIS 11414).

Mealey's Toxic Tort/Environmental - Environmental Group Urges EPA To Immediately Shut Down Fracking Disposal Wells

SAN FRANCISCO - Attorneys for the Center for Biological Diversity (CBD) on Feb. 2 sent a letter to the U.S. Department of Environmental Protection, requesting the immediate closure of hundreds of hydraulic fracturing disposal wells currently injecting oil industry wastewater directly into protected aquifers in California.

Mealey's Labor & Employment - Judge: Insurer Has Duty To Indemnify Insured For Claims Brought By Employee

LOS ANGELES - Because an underlying dispute between a delivery person and his employer involves direct claims of violations of California's wage and hour laws or arises out of such purported violations, a policy exclusion bars employment practices liability coverage for the allegations, a California federal judge ruled Jan. 29, granting the insurer's motion for summary judgment (Admiral Insurance Co. v. Kay Automotive Distributors Inc., No. CV 13-05100, C.D. Calif.; 2015 U.S. Dist. LEXIS 11357).

Mealey's Insurance - Judge: Insurer Has Duty To Indemnify Insured For Claims Brought By Employee

LOS ANGELES - Because an underlying dispute between a delivery person and his employer involves direct claims of violations of California's wage and hour laws or arises out of such purported violations, a policy exclusion bars employment practices liability coverage for the allegations, a California federal judge ruled Jan. 29, granting the insurer's motion for summary judgment (Admiral Insurance Co. v. Kay Automotive Distributors Inc., No. CV 13-05100, C.D. Calif.; 2015 U.S. Dist. LEXIS 11357).

Mealey's Antitrust/Unfair Competition - California Federal Judge Declines To Dismiss Class Action Suit Over Late Fees

SAN FRANCISCO - A California federal judge on Jan. 29 declined to dismiss a putative class action case accusing a short-term car rental company of violating state law, including the unfair competition law (UCL) by setting late fees in an illegal manner (Gabriela Bayol v. Zipcar Inc., No. 14-2483, N.D. Calif.; 2015 U.S. Dist. LEXIS 10596).

Mealey's Securities/D&O Liability - McGraw Hill, S&P To Pay $1.5B To Settle Fraud Claims Over Credit Ratings

WASHINGTON, D.C. - McGraw Hill Financial Inc. and its subsidiary, Standard & Poor's Financial Services LLC (S&P Financial), announced on Feb. 3 that they will pay a combined $1.5 billion to settle actions brought by the U.S. Department of Justice, the attorneys general of 19 states and the District of Columbia and a California state employee pension fund regarding ratings issued and surveilled by S&P Financial's business unit for certain mortgage-backed securities in violation of state and federal laws.

Mealey's Labor & Employment - Temporary Employees Seeking Overtime Pay Granted Conditional Certification

SAN FRANCISCO - Hourly workers who allege that they were denied pay for any time worked in excess of 40 hours per week were granted conditional certification of their Fair Labor Standards Act (FLSA) suit by a California federal judge on Jan. 30 (James Warren Ash, et al. v. Bayside Solutions, Inc., No. 14-2183, N.D. Calif.; 2015 U.S. Dist. LEXIS 11323).

Mealey's Litigation Procedure - California Court Dismisses Appeal Of Mold-Related Verdict For Landlord

SAN DIEGO - A California appeals court on Jan. 29 dismissed a tenant's appeal of a mold-related defense verdict, finding that her failure to comply with court orders for discovery warranted dismissal (Alla Koudriavtseva v. Versailles on the Lake Ltd, et al., No. G047114, Calif. App., 4th Dist.; Div. 3; 2015 Cal. App. Unpub. LEXIS 686).

Mealey's Banking & Finance - California Judge Dismisses UCL Claims In Mortgage Foreclosure Dispute

SAN DIEGO - A California federal judge on Jan. 28 dismissed with leave to amend claims alleging that a mortgage company violated state law, including the state's unfair completion law (UCL), in its handling of the foreclosure of a couple's home (Judy Lane, et al. v. Suntrust Mortgage Inc., No. 14-1367, S.D. Calif.; 2015 U.S. Dist. LEXIS 10421).

Mealey's Litigation Procedure - Temporary Employees Seeking Overtime Pay Granted Conditional Certification

SAN FRANCISCO - Hourly workers who allege that they were denied pay for any time worked in excess of 40 hours per week were granted conditional certification of their Fair Labor Standards Act (FLSA) suit by a California federal judge on Jan. 30 (James Warren Ash, et al. v. Bayside Solutions, Inc., No. 14-2183, N.D. Calif.; 2015 U.S. Dist. LEXIS 11323).

Mealey's Antitrust/Unfair Competition - California Federal Judge Grants Car Retailer Judgment In UCL Case

SACRAMENTO, Calif. - A California federal judge on Jan. 28 granted summary judgment in favor of a retailer of used cars in a suit alleging that the defendant violated several laws, including the state's unfair competition law (UCL), in the selling of a used vehicle without allegedly certifying that the vehicle had been inspected, saying the plaintiff could not support her claims (Jocelyn Overholt v. CarMax Auto Superstores California, No. 13-2009, E.D. Calif.; 2015 U.S. Dist. LEXIS 9923).

Mealey's Antitrust/Unfair Competition - California Judge Dismisses UCL Claims In Mortgage Foreclosure Dispute

SAN DIEGO - A California federal judge on Jan. 28 dismissed with leave to amend claims alleging that a mortgage company violated state law, including the state's unfair completion law (UCL), in its handling of the foreclosure of a couple's home (Judy Lane, et al. v. Suntrust Mortgage Inc., No. 14-1367, S.D. Calif.; 2015 U.S. Dist. LEXIS 10421).

Mealey's Toxic Tort/Environmental - California Court Dismisses Appeal Of Mold-Related Verdict For Landlord

SAN DIEGO - A California appeals court on Jan. 29 dismissed a tenant's appeal of a mold-related defense verdict, finding that her failure to comply with court orders for discovery warranted dismissal (Alla Koudriavtseva v. Versailles on the Lake Ltd, et al., No. G047114, Calif. App., 4th Dist.; Div. 3; 2015 Cal. App. Unpub. LEXIS 686).

Mealey's Insurance - Judge: Insurer Failed To Allege Negligence, Breach Of Contract Claims

SAN FRANCISCO - An insurer failed to assert third-party claims breach of contract and negligence against insureds in a subrogation action regarding settlement of an underlying construction defects case, a California federal judge ruled Jan. 29 (AIG Commercial Insurance Company of Canada v. American Guarantee & Liability Insurance Co., et al., No. 14-02610, N.D. Calif.; 2015 U.S. Dist. LEXIS 11386).

Mealey's Insurance - Judge Grants Default Judgment To Insurer In Defects Coverage Dispute

SAN JOSE, Calif. - A California federal judge on Jan. 30 granted default judgment in favor of an insurer regarding its duty to defend and indemnify insureds in an underlying construction defects case (Atain Specialty Insurance Co. v. North Bay Waterproofing Inc., et al., No. 14-04056, N.D. Calif.; 2015 U.S. Dist. LEXIS 11404).

Mealey's Toxic Tort/Environmental - Federal Claims Court Judge Awards $149,950 Partial Judgment In Water Rights Case

WASHINGTON, D.C. - A judge in the U.S. Court of Federal Claims on Jan. 27 awarded a California water district $149,950 in cost-of-cover damages after prevailing against the U.S. government in a water contract dispute (Stockton East Water District, et al. v. The United States, No. 04-541C, Fed. Clms.; 2015 U.S. Claims LEXIS 34).

Mealey's Litigation Procedure - Expert's Reliance On Other Settlements Excluded In Microsoft Office Suite Suit

SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).

Mealey's PI/Product Liability - California Health Department Urges Expansion Of Tobacco Laws To Cover E-Cigarettes

SACRAMENTO, Calif. - State laws regulating traditional tobacco products should be expanded to include e-cigarettes, the California Department of Public Health (CDPH) concluded in a report released Jan. 28.

Mealey's IP/Tech - TracFone To Pay $40 Million Over FTC's Data-Throttling Complaint

SAN FRANCISCO - In a stipulated order filed simultaneously with its complaint in California federal court on Jan. 28, the Federal Trade Commission stated that wireless service provider TracFone Wireless Inc. has agree to pay $40 million to settle the FTC's claim of deceptive acts related to the company's purported "data-throttling" practices (Federal Trade Commission v. TracFone Wireless Inc., No. 3:15-cv-00392, N.D. Calif.).

Mealey's IP/Tech - Expert's Reliance On Other Settlements Excluded In Microsoft Office Suite Suit

SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).

Mealey's Health Law - Hospital's Reimbursement Action Not Preempted By ERISA, Calif. Federal Judge Rules

SAN JOSE, Calif. - A federal judge in California on Jan. 26 remanded to state court a hospital's lawsuit seeking reimbursement for charges for treatment of a participant in a health plan governed by the Employee Retirement Income Security Act, holding that the hospital's state unfair competition law claims were not completely preempted by ERISA (Community Hospital of the Monterey Peninsula v. Blue Cross of California, et al., No. 14-CV-04552, N.D. Calif.; 2015 U.S. Dist. LEXIS 9248).

Mealey's Antitrust/Unfair Competition - Hospital's Reimbursement Action Not Preempted By ERISA, Calif. Federal Judge Rules

SAN JOSE, Calif. - A federal judge in California on Jan. 26 remanded to state court a hospital's lawsuit seeking reimbursement for charges for treatment of a participant in a health plan governed by the Employee Retirement Income Security Act, holding that the hospital's state unfair competition law claims were not completely preempted by ERISA (Community Hospital of the Monterey Peninsula v. Blue Cross of California, et al., No. 14-CV-04552, N.D. Calif.; 2015 U.S. Dist. LEXIS 9248).

Mealey's PI/Product Liability - Union Carbide: Exclude 'Every Exposure' Opinion From Molding Compound Case

LOS ANGELES - The "any exposure" to asbestos theory has no place in a trial involving alleged exposure from phenolic molding compounds, Union Carbide Corp. told a federal judge in California on Jan. 27 (Larry Armstrong, an individual; Carolyn Armstrong v. 3M Co., a/k/a Minnesota Mining & Manufacturing Co., et al., No. 14-1039, C.D. Calif.).