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).
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).
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).
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).
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.).
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.).
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.).
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).
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).
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.).
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).
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 ) and Tyson Foods Inc. v. Bouaphakeo (135 S. Ct. 2806 ), 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).
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).
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.).
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).
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.).
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.).
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).
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).
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).