LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - 5th Circuit Allows Appeal Of Class Certification Ruling In Securities Suit

NEW ORLEANS - In a one-sentence order, a Fifth Circuit U.S. Court of Appeals panel on Nov. 4 granted Halliburton Co.'s motion for leave to appeal a district court ruling certifying a class of shareholders in a securities suit alleging that the company and certain of its officers and directors misrepresented the company's business and financial condition in violation of federal securities law (Erica P. John Fund Inc. v. Halliburton Co., No. 15-90038, 5th Cir.).

Mealey's Securities/D&O Liability - 5th Circuit Allows Appeal Of Class Certification Ruling In Securities Suit

NEW ORLEANS - In a one-sentence order, a Fifth Circuit U.S. Court of Appeals panel on Nov. 4 granted Halliburton Co.'s motion for leave to appeal a district court ruling certifying a class of shareholders in a securities suit alleging that the company and certain of its officers and directors misrepresented the company's business and financial condition in violation of federal securities law (Erica P. John Fund Inc. v. Halliburton Co., No. 15-90038, 5th Cir.).

Mealey's Antitrust/Unfair Competition - 2nd Circuit Finds Keurig Coffee Maker Will Not Cause Losses To Other Company

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court's decision in favor of Keurig Green Mountain Inc. to dismiss claims for violation of California's unfair competition law (UCL) and other claims against it, finding a lack of evidence to show that its new coffee maker will cause another manufacturer's business to suffer significant losses (JBR, Inc. v. Keurig Green Mountain Inc., No. 14-3578, 2nd Cir.; 2015 U.S. App. LEXIS 18625).

Mealey's Antitrust/Unfair Competition - Judge Rejects Request To Add Claims For Violation Of California Law

BOSTON - A Massachusetts federal judge on Sept. 3 denied a data-storage company's request to amend its counterclaims against a corporation, in which it already asserts counterclaims for unfair business practices and unfair competition in violation of California's unfair competition law (UCL) and numerous other allegations, finding that additional amendments would prejudice the plaintiff in the case and cause delay (EMC Corp. v. Pure Storage, Inc., No. 13-12789, D. Mass.; 2015 U.S. Dist. LEXIS 117775).

Mealey's PI/Product Liability - Texas Appeals Court Upholds Arbitration Award Over Alleged Construction Defects

HOUSTON - A Texas appeals panel on Aug. 31 upheld an arbitration award finding that a homeowners association was entitled to only $24,490 for alleged construction defects that resulted in the staining of the exterior of some buildings in a condominium complex, after finding that the association was unable to show that the award was the result of a gross mistake or manifest disregard of the law (Casa del Mar Association Inc. v. Williams & Thomas L.P., doing business as Jamail Construction, No. 14-14-00046-CV, Texas App., 14th Dist.; 2015 Texas App. LEXIS 9227).

Mealey's Litigation Procedure - Minnesota Court Affirms Conversion Of Foreign Judgment Into U.S. Dollars

ST. PAUL, Minn. - A Minnesota appeals court on Aug. 10 affirmed a trial court's decision to convert an arbitration award from Israeli New Shekels to $4,082,254, finding that the conversion was required by Minnesota law (AVR Communications Ltd., et al. v. American Hearing Systems Inc., doing business as Interton Inc., No. 14-1808, Minn. App.; 2015 Minn. App. LEXIS 61).

Mealey's Litigation Procedure - Online Video Game Maker Reaches $23M Settlement In Securities Class Action

WASHINGTON, D.C. - Online video game maker Zynga Inc. will pay $23 million to settle claims that it and certain of its executive officers and directors violated federal securities laws by misrepresenting the company's business and financial condition, according to an Aug. 7 regulatory filing with the Securities and Exchange Commission.

Mealey's Litigation Procedure - California Federal Judge Allows UCL Claim To Continue In Telemarketing Dispute

LOS ANGELES - A federal judge in California on Aug. 5 declined to dismiss a class action lawsuit accusing a credit-building and credibility solutions business of violating the Telephone Consumer Protection Act (TCPA) and the state's unfair competition law (UCL) by making repeated unwanted calls to the plaintiff's cellular phone despite requests to be placed on a "do-not-call" list and a cease-and-desist letter (Jeffrey A. Thomas v. Dun & Bradstreet Credibility Corp., No. 15-3194, C.D. Calif.; 2015 U.S. Dist. LEXIS 103322).

Mealey's Antitrust/Unfair Competition - California Federal Judge Allows UCL Claim To Continue In Telemarketing Dispute

LOS ANGELES - A federal judge in California on Aug. 5 declined to dismiss a class action lawsuit accusing a credit-building and credibility solutions business of violating the Telephone Consumer Protection Act (TCPA) and the state's unfair competition law (UCL) by making repeated unwanted calls to the plaintiff's cellular phone despite requests to be placed on a "do-not-call" list and a cease-and-desist letter (Jeffrey A. Thomas v. Dun & Bradstreet Credibility Corp., No. 15-3194, C.D. Calif.; 2015 U.S. Dist. LEXIS 103322).

Mealey's Securities/D&O Liability - Online Video Game Maker Reaches $23M Settlement In Securities Class Action

WASHINGTON, D.C. - Online video game maker Zynga Inc. will pay $23 million to settle claims that it and certain of its executive officers and directors violated federal securities laws by misrepresenting the company's business and financial condition, according to an Aug. 7 regulatory filing with the Securities and Exchange Commission.

Mealey's Litigation Procedure - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based on failure to plausibly allege likelihood of deception but allowed UCL and FAL claims based on the safe harbor doctrine to continue (Safora Nowrouzi, et al. v. Maker's Mark Distillery Inc., No. 14-2885, S.D. Calif.; 2015 U.S. Dist. LEXIS 97752).

Mealey's Antitrust/Unfair Competition - Federal Judge Allows Claims Based On Safe Harbor To Continue In Labeling Dispute

SAN DIEGO - In ruling on a motion to dismiss in a class action lawsuit accusing the manufacturer of Maker's Mark whiskey of deceptive advertising and business practices, a federal judge in California on July 27 dismissed state unfair competition law (UCL) and False Advertising Law (FAL) claims based on failure to plausibly allege likelihood of deception but allowed UCL and FAL claims based on the safe harbor doctrine to continue (Safora Nowrouzi, et al. v. Maker's Mark Distillery Inc., No. 14-2885, S.D. Calif.; 2015 U.S. Dist. LEXIS 97752).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses All Claims In Chiropractor's Anti-Competition Lawsuit

SANTA ANA, Calif. - A federal judge in California on July 10 dismissed multiple claims, including a state unfair competition law (UCL) claim, from a chiropractor's suit accusing the developer of a patented massage technique and the company certifying the technique for use by other chiropractors of interfering with his business and engaging in anti-competitive conduct (Vasili Gatsinaris, D.C., et al. v. Art Corporate Solutions Inc., et al., No. 15-741, C.D. Calif.; 2015 U.S. Dist. LEXIS 90086).

Mealey's Litigation Procedure - Weatherford International To Pay $120M To Settle Claims In Securities Suit

NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).

Mealey's Securities/D&O Liability - Weatherford International To Pay $120M To Settle Claims In Securities Suit

NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).

Mealey's Banking & Finance - Federal Judge Allows Borrower's California Law Claims To Proceed

OAKLAND, Calif. - A California federal judge on May 27 found that a property owner failed to properly plead her claim under California Civil Code Section 2923.6 and dismissed the claim with leave to amend, but allowed her claims for violations of Section 2924.12 and California Business and Professions Code Section 17200 can proceed (Veronica A. Gonzales v. Wells Fargo Bank, N.A., No. 14-03850, N.D. Calif.; 2015 U.S. Dist. LEXIS 68554).

Mealey's Health Law - Resident Of Care Facility For Elderly Sues Over Staffing Levels

SAN LUIS OBISPO, Calif. - A resident of a California care facility for the elderly filed a class complaint against the owners and operators on April 6 in California state court, alleging negligent business practices and staffing assignments based on the number of residents rather than the needs of the residents (Doreen Trombley, et al. v. Westpac Investments, Inc., et al., No. 15CV7010, Calif. Super., San Luis Obispo Co.).

Mealey's Health Law - Federal Judge Declines To Dismiss Antitrust Claims In Surgery Center Dispute

DENVER - A Colorado federal judge on Feb. 20 declined to dismiss antitrust claims in a suit alleging that health insurers conspired with hospitals to drive multiple ambulatory surgical centers out of business (Arapahoe Surgery Center, et al. v. CIGNA Healthcare Inc., et al., No. 13-3422, D. Colo.; 2015 U.S. Dist. LEXIS 20488).

Mealey's IP/Tech - 4th Circuit Affirms Dismissal Of Spam Claims Against Kraft

RICHMOND, Va. - A purported Internet service provider (ISP) that brought suit against Kraft Foods Inc. under state anti-spam laws had a business plan that centered on litigation-based income, a Fourth Circuit U.S. Court of Appeals panel ruled Feb. 4, affirming dismissal of the claims against Kraft (Beyond Systems Inc. v. Kraft Foods Inc., et al., No. 13-2137, 4th Cir.; 2015 U.S. App. LEXIS 1725).

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 Litigation Procedure - UCL Claim Remains In Suit Over Alleged Blocking Of Text Messages To Smartphones

SAN JOSE, Calif. - A federal judge in California on Nov. 10 partially dismissed a putative class action case accusing Apple Inc. of unlawfully marketing its text-messaging service by not telling consumers that the service prevents former iPhone users from receiving certain text messages after they replaced their iPhones with non-Apple devices, leaving a claim brought under the state's unfair competition law (UCL) predicated on a tortious interference with business contract claim but dismissing a UCL claim predicated on a Consumers Legal Remedies Act (CLRA) claim (Adrienne Moore v. Apple Inc., No. 14-2269, N.D. Calif.; 2014 U.S. Dist. LEXIS 158900).

Mealey's IP/Tech - UCL Claim Remains In Suit Over Alleged Blocking Of Text Messages To Smartphones

SAN JOSE, Calif. - A federal judge in California on Nov. 10 partially dismissed a putative class action case accusing Apple Inc. of unlawfully marketing its text-messaging service by not telling consumers that the service prevents former iPhone users from receiving certain text messages after they replaced their iPhones with non-Apple devices, leaving a claim brought under the state's unfair competition law (UCL) predicated on a tortious interference with business contract claim but dismissing a UCL claim predicated on a Consumers Legal Remedies Act (CLRA) claim (Adrienne Moore v. Apple Inc., No. 14-2269, N.D. Calif.; 2014 U.S. Dist. LEXIS 158900).

Mealey's Antitrust/Unfair Competition - UCL Claim Remains In Suit Over Alleged Blocking Of Text Messages To Smartphones

SAN JOSE, Calif. - A federal judge in California on Nov. 10 partially dismissed a putative class action case accusing Apple Inc. of unlawfully marketing its text-messaging service by not telling consumers that the service prevents former iPhone users from receiving certain text messages after they replaced their iPhones with non-Apple devices, leaving a claim brought under the state's unfair competition law (UCL) predicated on a tortious interference with business contract claim but dismissing a UCL claim predicated on a Consumers Legal Remedies Act (CLRA) claim (Adrienne Moore v. Apple Inc., No. 14-2269, N.D. Calif.; 2014 U.S. Dist. LEXIS 158900).

Mealey's Litigation Procedure - Appeals Court Affirms Demurrer For Unlawful Business Claim Over Gas Rates

SAN FRANCISCO - A California appellate panel on Oct. 10 affirmed that a class action suit alleging that a gas and electric company deceptively misrepresented how much revenue it required to provide safe and reliable natural gas service in violation of California's unfair competition law (UCL) was barred because it would interfere with the continuing jurisdiction of the Public Utilities Commission (PUC) in pending regulatory matters against the defendant (Filomena Guerrero, et al. v. Pacific Gas & Electric Co., et al., No. A139429, Calif. App., 1st Dist., Div. 3; 2014 Cal. App. LEXIS 909).

Mealey's Antitrust/Unfair Competition - Appeals Court Affirms Demurrer For Unlawful Business Claim Over Gas Rates

SAN FRANCISCO - A California appellate panel on Oct. 10 affirmed that a class action suit alleging that a gas and electric company deceptively misrepresented how much revenue it required to provide safe and reliable natural gas service in violation of California's unfair competition law (UCL) was barred because it would interfere with the continuing jurisdiction of the Public Utilities Commission (PUC) in pending regulatory matters against the defendant (Filomena Guerrero, et al. v. Pacific Gas & Electric Co., et al., No. A139429, Calif. App., 1st Dist., Div. 3; 2014 Cal. App. LEXIS 909).