California has urged the U.S. Supreme Court to reject the Western States Trucking Association’s appeal of a state law requiring emissions upgrades on some diesel trucks, arguing that the Clean Air Act’s jurisdictional rules apply and the association missed valid opportunities to challenge the rule.
A California federal judge on Monday granted Allergan Inc.’s motion for summary judgment in a $600 million breach-of-contract lawsuit over Botox, holding that the pharmaceutical giant does not have to pay Miotox certain royalties under the terms of a license agreement.
A putative class of drivers who allege that a provider of specialty gases stiffed them on wages asked a California federal court on Monday to grant final approval to a $1.3 million settlement of the case.
A California federal judge imposed a $3.8 million judgment Monday on Direct Investment Products and its principal, which the U.S. Commodity Futures Trading Commission accuses of running a fraudulent commodity pool that targeted investors from former Soviet bloc states.
The Ninth Circuit on Friday unanimously shot down a bid to rehear en banc a class action brought by taxpayers who accused Guam of improperly delaying tax refunds, leaving intact its decision that the government had acted illegally by withholding the refunds to balance its budget.
Discount brokerage house Scottrade Inc. on Friday in California federal court was hit with the first proposed class action over a data breach — announced that same day — that targeted 4.6 million users between late 2013 and early 2014 and possibly compromised Social Security numbers and other information.
A faction of the Picayune Rancheria of Chukchansi Indians, whose members have been dueling over control of the Chukchansi Gold Resort & Casino, told a California federal court Monday that another faction’s efforts to ready the casino for opening violate an injunction.
A pair of Southwest Airlines Co. travelers have filed a putative class action in California federal court over what they claim is a “hidden exception” in the airline’s cancellation policy, saying credit from a canceled flight was deemed expired months before the airline’s advertised one-year expiration date.
Workers who demonstrate products at Costco warehouses asked a California federal judge Monday to sign off on a $4.25 million settlement of a class action accusing a Costco contractor of wage violations.
The U.S. Supreme Court on Monday refused to review a Ninth Circuit finding that district courts must more closely analyze states’ Comprehensive Environmental Response, Compensation and Liability Act settlements.
California Gov. Jerry Brown on Monday signed a bill allowing terminally ill adults to receive life-ending prescription drugs, a major victory for a "right-to-die" movement that has made only modest progress over the years.
Three former employees of a California trucking company helped run a pair of competing businesses from their then-employer's office, sharing company equipment and stolen intellectual property to give the two businesses a competitive advantage, the trucking company said in lawsuit filed in California state court Friday.
A California federal judge agreed Monday to dismiss a proposed class action accusing Kohl’s Department Stores Inc. of improperly running background checks on job applicants, finding that two former employees who filed the suit failed to demonstrate any willful violations of the Fair Credit Reporting Act.
Fox Rothschild LLP said Monday it has hired a trademark examinations pro with nearly two decades of experience advising clients on strategic intellectual property management from Blakely Sokoloff Taylor & Zafman LLP to join the firm as a partner in its Los Angeles office.
Environmental groups asked a California federal judge on Friday for permission to amend their suit challenging a $50 million highway widening project so that they can more clearly plead claims that the U.S. Fish and Wildlife Service and the National Park Service didn’t properly vet mitigation measures.
The attorney for a woman injured on Austria’s national railway told the U.S. Supreme Court during arguments Monday that granting the country immunity from her personal injury suit would cause uncertainty in the financial world by making it harder for companies to sue foreign governments over complex deals.
Rite Aid Corp. must pay $1 million in attorneys' fees following a jury’s $8.7 million verdict for an ex-worker who was fired after he was injured in a store robbery, a California judge ruled Monday, saying the amount was reasonable under a state employment law providing for prevailing party fees.
Welch Foods told a California federal court two shoppers who allege they were duped by Welch's jam and juice labels have undermined their own proposed class claims under oath and urged the court to rule on the facts at hand.
Attorneys for rapper Jay Z said Monday that the Egyptian man who sued him for copyright infringement over the song “Big Pimpin'” is making it more likely that videos of the superstar’s depositions will be leaked to the press.
A California federal judge recently axed the majority of claims in a proposed class action accusing Whole Foods of misleadingly labeling its 365 Everyday Value products as "natural" and containing evaporated cane juice, saying it’s implausible that a sugar-conscious consumer like the plaintiff would have been misled.
The Ninth Circuit's recent ruling in Rodriguez v. Sony Computer Entertainment America LLC is in line with the trend of courts limiting streaming media companies' liability under the Video Privacy Protection Act — a trend becoming increasingly important to companies’ bottom lines, say Alysa Hutnik and Robyn Mohr of Kelley Drye & Warren LLP.
One way California employers can mitigate their liability for circumstances in which they are seemingly not controlling their employees, such as during commute or after a holiday party, but for which state public policy will still hold them liable under the doctrine of respondeat superior, is for employers to carry “nonowned” automobile insurance coverage, says Joshua Dale of Michel & Associates PC.
Businesses are increasingly expected to respect human rights wherever they operate. Though light on government regulation, the U.K. Modern Slavery Act is designed to engineer pressure from consumers, investors and the media, which could ultimately be more effective at driving up standards than the threat of legal enforcement action, says Richard Tauwhare at Dechert LLP.
While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.
The ruling in the NJOY Inc. Consumer Class Action Litigation and a recently proposed rule by the U.S. Food and Drug Administration indicate that e-cigarette advertising claims that suggest or emphasize specific chemical, physical and toxicological effects may be subject to increased scrutiny, say Eric Heyer and Neelam Gill of Thompson Hine LLP.
Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.
The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.
It is a safe bet that California Gov. Jerry Brown will sign A.B. 1390 and S.B. 226 into law. A more efficient groundwater adjudication process is necessary to manage usage, however the question remains whether the expedited process will provide clarity and certainty to water users as the Sustainable Groundwater Management Act is slowly implemented, say Belynda Reck and Gerard Olson of Hunton & Williams LLP.
The Antitrust Division’s grand jury investigation of the massive capacitors industry had been relatively quiet until the U.S. Department of Justice's recent announcement of criminal charges against NEC Tokin Corp. The first guilty plea changes the question from "Was there a capacitor cartel?" to "How deep does this go?” says Robert Connolly, a partner with GeyerGorey LLP and former chief of the Antitrust Division’s Philadelphia field office.
After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.