LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Asks Parties To Submit More Details On Sealable Information

SAN JOSE, Calif. - After finding that parties need to provide additional information on a request to seal certain information, including a request for international arbitration, pursuant to local rules, a California federal judge on July 22 ordered a company to submit a declaration showing that parts of the motion to seal that it seeks to redact are sealable (Baysand Inc. v. Toshiba Corp., No. 15-cv-02425, N.D. Calif.; 2015 U.S. Dist. LEXIS 95724).

Mealey's Toxic Tort/Environmental - Inmate: Genuine Issues Exist In Lead-Poisoning Case; Dismissal Improper

SAN FRANCISCO - An inmate who contends that he was poisoned by lead when he was instructed to clean prison facilities containing lead-based paint and asbestos on July 21 filed a brief in California federal court contending that there are genuine issues of material fact that preclude summary judgment dismissal of his case (Norman Walter Hirscher v. Brad Smith, et al., No. 14-0340, N.D. Calif.; 2014 U.S. Dist. LEXIS 105729).

Mealey's Litigation Procedure - Magistrate: Discovery From Irish Facebook Affiliate Not Merited In Privacy Suit

OAKLAND, Calif. - The plaintiffs in a putative class action alleging privacy violations by Facebook Inc.'s purported scanning of users' private messages are not permitted to compel materials from the social network's Irish affiliate, a California federal magistrate ruled July 21, finding that considerations of international comity weighed against such discovery (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.; 2015 U.S. Dist. LEXIS 95702).

Mealey's Litigation Procedure - California Federal Judge Denies Wal-Mart's Appeal Motion In Drivers' Wage Suit

SAN FRANCISCO - A California federal judge on July 21 denied a motion by Wal-Mart Stores Inc. and Wal-Mart Transportation LLC (collectively, Wal-Mart) to certify an interlocutory appeal, finding Wal-Mart's questions of law to be "over-broad, argumentative and untethered" (Charles Ridgeway, et al. v. Wal-Mart Stores, Inc., et al., No. 08-5221, N.D. Calif.; 2015 U.S. Dist. LEXIS 94981).

Mealey's PI/Product Liability - New Trial Ordered In Children's Tylenol Death Due To Juror's Web Search

LOS ANGELES - A California federal judge on July 22 granted a motion for a new trial in a Children's Tylenol bacterial infection wrongful death case after finding a "reasonable possibility" that extraneous information reviewed by one juror influenced the 2014 defense verdict (Peter Robertson, et al. v. McNeil-PPC Inc., et al., No. 11-9050, C.D. Calif.).

Mealey's Insurance - Slander Claims In Sexual Assault Case Do Not Warrant Coverage, Panel Affirms

SAN JOSE, Calif. - A California appeals panel on July 22 affirmed a lower court's finding that there is no coverage under a homeowners insurance policy for underlying slander claims arising from the alleged sexual assault of a minor (Ryan Kanzaki, et al v. Fire Insurance Exchange, No. H038540, Calif. App., 6th Dist.; 2015 Cal. App. Unpub. LEXIS 5137).

Mealey's Insurance - Judge: Insured Failed To File Insurance Claim Within 2-Year Limitation Period

SAN DIEGO - Dismissal of an insured's breach of contract and insurance bad faith lawsuit is proper, a California appellate panel held July 20, because an insured failed to file its claim for coverage within the two-year contractual limitation on the right to sue (Thee Sombrero Inc. v. Markel International Insurance Co. Ltd, et al., No. E060705, Calif. App., 4th Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 5112).

Mealey's Litigation Procedure - Judge Again Rejects Cymbalta Consumer Class Action Based On Withdrawal Risks

LOS ANGELES - A California federal judge on July 21 again denied certification of consumer class actions for purchasers of the antidepressant Cymbalta (Jennifer L. Saavedra, et al. v. Eli Lilly and Company, No. 12-9366, C.D. Calif.).

Mealey's Banking & Finance - Federal Judge Refuses To Grant Restraining Order Prohibiting Foreclosure

SAN DIEGO - After finding that a borrower contesting the pending foreclosure of his property failed to show that it was likely he would succeed on the merits of his claims, a California federal judge on July 17 denied his request for a temporary restraining order (Cirilo Miguel Moreno v. National Default Servicing Corp., et al., No. 15cv1570, S.D. Calif.; 2015 U.S. Dist. LEXIS 94285).

Mealey's PI/Product Liability - Judge Again Rejects Cymbalta Consumer Class Action Based On Withdrawal Risks

LOS ANGELES - A California federal judge on July 21 again denied certification of consumer class actions for purchasers of the antidepressant Cymbalta (Jennifer L. Saavedra, et al. v. Eli Lilly and Company, No. 12-9366, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Judge Strikes Claims In Lidoderm Pay-For-Delay Case Filed By Retailers

SAN FRANCISCO - Retail establishments do not have standing to bring claims on their own behalf as indirect purchasers and have not adequately pleaded that they are entitled to injunctive relief in a pay-for-delay case, a California federal judge ruled July 17, while permitting the grocery stores an opportunity to amend their complaint (United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, et al. v. Teikoku Pharma USA Inc., et al., No. 14-02521, N.D. Calif.).

Mealey's Antitrust/Unfair Competition - Divided Federal Circuit: No Commercial Marketing Of Biologic Without FDA License

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 21 affirmed dismissal of California state law unfair competition and conversion claims, but vacated a California federal judge's interpretation of the Biologics Price Competition and Innovation Act (BPCIA) as permitting commercial marketing of a biologic before receiving U.S. Food and Drug Administration approval (Amgen Inc. et al. v. Sandoz Inc. et al., No. 15-1499, Fed. Cir.).

Mealey's IP/Tech - California Federal Judge Grants Dismissal Of Trade Dress Litigation

LOS ANGELES - A trade dress dispute over "Element Periodic Table Soap" was dismissed by a California federal judge on July 17 on jurisdiction grounds (Bubble Genius LLC v. Mariann Smith, No. 15-66, C.D. Calif.; 2015 U.S. Dist. LEXIS 93492).

Mealey's IP/Tech - Judge Strikes Claims In Lidoderm Pay-For-Delay Case Filed By Retailers

SAN FRANCISCO - Retail establishments do not have standing to bring claims on their own behalf as indirect purchasers and have not adequately pleaded that they are entitled to injunctive relief in a pay-for-delay case, a California federal judge ruled July 17, while permitting the grocery stores an opportunity to amend their complaint (United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, et al. v. Teikoku Pharma USA Inc., et al., No. 14-02521, N.D. Calif.).

Mealey's IP/Tech - Divided Federal Circuit: No Commercial Marketing Of Biologic Without FDA License

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 21 affirmed dismissal of California state law unfair competition and conversion claims, but vacated a California federal judge's interpretation of the Biologics Price Competition and Innovation Act (BPCIA) as permitting commercial marketing of a biologic before receiving U.S. Food and Drug Administration approval (Amgen Inc. et al. v. Sandoz Inc. et al., No. 15-1499, Fed. Cir.).

Mealey's Insurance - Insurer's Suit Over Data Breach Coverage Dismissed By California Federal Judge

LOS ANGELES - Because an insurer failed to comply with its policy's mediation provision, a California federal judge on July 17 granted a motion to dismiss the insurer's declaratory judgment suit related to coverage for a data breach, holding that nonjudicial remedies had not yet been exhausted (Columbia Casualty Co. v. Cottage Health System, No. 2:15-cv-03432, C.D. Calif.; 2015 U.S. Dist. LEXIS 93456).

Mealey's IP/Tech - California Federal Judge Denies Attorney Fee Award In Patent Case

SAN FRANCISCO - Although winning a post-trial motion for a directed verdict of no direct patent infringement, Marvell Semiconductor Inc. on July 17 was denied in its effort to recoup the attorney fees it incurred in defending the suit (France Telecom S.A. v. Marvell Semiconductor Inc., No. 12-4967, N.D. Calif.; 2015 U.S. Dist. LEXIS 93470).

Mealey's IP/Tech - California Federal Judge Sides With Nintendo In Patent Dispute

SAN FRANCISCO - Allegations that Nintendo of America Inc. and Nintendo Company Ltd. (Nintendo, collectively) infringed a patent with its popular "Game Boy" device were rejected July 17 by a California federal judge (Quintal Research Group Inc. v. Nintendo of America Inc. et al., No. 13-888, N.D. Calif.; 2015 U.S. Dist. LEXIS 93488).

Mealey's Litigation Procedure - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

Mealey's IP/Tech - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

Mealey's Insurance - Judge: Insurer Not Entitled To Full Scope Of Relief It Seeks In Discovery Dispute

SAN JOSE, Calif. - A California federal magistrate judge on July 15 granted in part and denied in part an insurer's motion to compel an insured to respond further to its first set of requests for production in a coverage lawsuit over an underlying trade secret dispute (Silicon Storage Technology Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pa., et al., No. 13-05658, N.D. Calif.; 2015 U.S. Dist. LEXIS 92775).

Mealey's Litigation Procedure - Judge Dismisses Android Privacy Class Claims For 4th And Final Time

SAN JOSE, Calif. - After giving a putative class of Android smartphone users three opportunities to amend their complaint to allege privacy claims against Google Inc., a California federal judge on July 15 granted Google's fourth motion to dismiss, this time without leave to amend (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.; 2015 U.S. Dist. LEXIS 92736).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Android Privacy Class Claims For 4th And Final Time

SAN JOSE, Calif. - After giving a putative class of Android smartphone users three opportunities to amend their complaint to allege privacy claims against Google Inc., a California federal judge on July 15 granted Google's fourth motion to dismiss, this time without leave to amend (In re Google, Inc. Privacy Policy Litigation, No. 5:12-cv-01382, N.D. Calif.; 2015 U.S. Dist. LEXIS 92736).

Mealey's PI/Product Liability - Court Finds Witnesses Properly Excluded, Manufacturer Properly Granted Judgment

LOS ANGELES - A judge properly excluded hearsay layperson testimony, as well as unfounded expert testimony of a hobbyist, in finding insufficient evidence of a man's exposure to a manufacturer's televisions, a California appeals court panel held July 16 (Jenny M. Leidig, et al. v. Zenith Electronics LLC, No. B256932, Calif. App., 2nd Dist., Div. 4; 2015 Cal. App. Unpub. LEXIS 4962).

Mealey's Litigation Procedure - California Appeals Court Reinstates $6.5M Actos Verdict; Expert Back In

LOS ANGELES - A California appeals court panel on July 16 reinstated a $6.5 million Actos bladder cancer verdict, finding that the trial court erred in excluding the plaintiffs' causation expert in a post-verdict ruling (Nancy Cooper, et al. v. Takeda Pharmaceuticals America, Inc., et al., No. B250163, Calif. App., 2nd Dist., Div. 3; 2015 Cal. App. Unpub. LEXIS 4965).