California

  • August 27, 2015

    Calif. Court Urged to Depublish Chipotle Class Cert. Ruling

    The California Supreme Court should depublish an appellate decision delaying the appeal of Chipotle Mexican Grill Inc. employees' denied class certification, a lawyers association argued Wednesday, saying the ruling will create confusion  about how to balance the timing of an appeal and litigants' rights and clashes with longstanding precedent.

  • August 27, 2015

    9th Circ. Told To Uphold Tribal Court's Jurisdiction In Land Row

    The federal government on Wednesday urged the Ninth Circuit to uphold the eviction of a non-Native American from tribal trust land it says is within the Colorado River Indian Reservation, calling the man's challenge to a tribal court’s jurisdiction an improper "collateral attack" on the land's trust status.

  • August 27, 2015

    BREAKING: NLRB Adopts New Joint-Employer Standard

    The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

  • August 27, 2015

    Canceled HP Account Sparks $58M Contract Fight With Cisco

    Cisco Systems Inc. has sued Hewlett-Packard Co. in California state court, alleging the tech giant still owes $58 million after it miscalculated how an HP customer’s cancellation of services impacted the balance on a loan financed by a Cisco unit.

  • August 27, 2015

    AT&T Can't Ax $1.4B FCA Suit, Whistleblower Says

    A Los Angeles city government contractor asserted Wednesday that his renewed, $1.4 billion False Claims Act suit sufficiently alleges AT&T Corp. deliberately denied the federal government discounts given to commercial customers, urging a California federal court Wednesday to ignore AT&T's dismissal bid.

  • August 27, 2015

    MetLife Sheds Calif. Office Building In $72M Deal

    MetLife’s real estate investment arm has struck a deal to sell a Newport Beach, California, office building for $72.3 million, according to an announcement Wednesday from Holliday Fenoglio Fowler LP, which marketed the property.

  • August 27, 2015

    Insurer Sues Over Truck Crash That Killed 2 Teens

    Global Hawk Insurance Co. claimed in California federal court Wednesday that Northland Insurance Co. jumped the gun by settling claims against a shipping company stemming from a fatal tractor-trailer collision because that settlement left another freight company connected to the crash to fend for itself.

  • August 27, 2015

    Chowchilla's Intervention Bid Axed In Calif. Gaming Pact Suit

    A California federal judge on Wednesday rebuffed the Chowchilla Tribe of Yokuts' bid to weigh in on litigation aimed at forcing California back into negotiations with a neighboring tribe for a proposed casino, saying the tribe’s interests are adequately represented by the state.

  • August 26, 2015

    UCLA Official Grilled Over Medical Record Privacy Breach

    Against the backdrop of a data breach affecting 4.5 million University of California Los Angeles Health System patients, the system’s privacy officer took the stand Wednesday in a suit brought by a woman whose ex-boyfriend accessed her medical records, facing questions about why available security measures weren’t used.

  • August 26, 2015

    Samsung Wants Part Of $548M Apple Verdict Nixed In IP Row

    Samsung Electronics Co. Ltd. on Wednesday urged a California federal judge to toss part of a $548 million verdict against it in an infringement battle over Apple Inc.’s smartphone patents, ruling the Patent Trial and Appeal Board had invalidated one of them in December.

  • August 26, 2015

    Corn Syrup Cos. Say Sugar Growers Are 'Sandbagging' Court

    Corn syrup producers including Archer-Daniels-Midland Co. on Wednesday told a California federal judge that sugar growers accusing them of deceptively referring to their corn syrup as "corn sugar" are "sandbagging" the court with hundreds of pages of new expert materials on the eve of trial.

  • August 26, 2015

    Guam Illegally Withheld Tax Refunds, 9th Circ. Says

    The Ninth Circuit affirmed on Wednesday a lower court decision to issue a permanent injunction against Guam in a class action brought by taxpayers who claim the territory failed to timely issue tax refunds, holding it was illegal for the government to withhold the refunds in an attempt to balance its budget.

  • August 26, 2015

    Pipe Co. Gets Another $5.5M In Costs In AIG Coverage Fight

    A California judge has awarded Victaulic Co. $5.5 million to cover the expenses it incurred proving that AIG International Group Inc. subsidiaries had a duty to defend the pipe-joining company in product defect suits, several weeks after a state jury awarded Victaulic $55 million over the insurers' denial of coverage.

  • August 26, 2015

    Davis Wright Snags 2 Entertainment, IP Pros In Los Angeles

    Davis Wright Tremaine LLP said Wednesday it has bolstered its intellectual property and entertainment practices in Los Angeles by adding two former partners of IP and employment boutique Kupferstein Manuel & Quinto LLP with experience representing entertainment companies in copyright and trademark matters and complex litigation.

  • August 26, 2015

    Tamko Gets Roofing Defect Suit Pushed To Arbitration

    Tamko Building Products Inc. succeeded Wednesday in persuading a California federal judge to move a proposed class action against the Missouri-based roofing products maker to arbitration, a decision that validates an arbitration clause on a limited warranty that comes with the product.

  • August 26, 2015

    Sears Hit With False Ad Class Action Over ‘Phantom' Sales

    A Sears Holdings Corp. unit was slapped with a putative class action on Wednesday in California federal court accusing the retailer of falsely advertising “phantom markdowns” of products in its stores and online based on original prices that were never actually offered.

  • August 26, 2015

    Bank Melli Can't Duck Terror Victims' $18M Suit, 9th Circ. Says

    The Ninth Circuit on Wednesday refused to let Bank Melli dodge a lawsuit brought by victims of terrorism seeking to collect on $17.6 million in judgments obtained against the Republic of Iran, saying the “numerous creative arguments” from Iran's national bank don't allow it to escape liability.

  • August 26, 2015

    ASUS Antitrust Suit Sent to Arbitration

    A California federal judge Tuesday granted InterDigital Inc.'s bid to force arbitration in the case from smartphone maker ASUS Computer International accusing it of monopolizing the cellular and wireless markets by helping steer industry standards toward technology it controls and then reneging on commitments to license its patents fairly.

  • August 26, 2015

    Best Buy, Monster Hit With False Label Suit Over HDMI Cables

    Best Buy Co. and Monster Inc. deceived consumers by implying only Monster cables work with certain HDTVs, then charging premiums of up to 1,748 percent on those cables, a proposed nationwide class alleged Tuesday in California federal court.

  • August 26, 2015

    Nike Fights TRO Bid In Ex-NFLer's 'Lights Out' Trademark Row

    Nike Inc. on Tuesday blasted ex-NFL linebacker Shawne Merriman’s request for an injunction against the company in his California trademark suit alleging Nike banked substantial profits from infringing his “Lights Out” nickname, insisting that it had nothing to do with another retailer’s use of the phrase.

Expert Analysis

  • Where There's A 'Will' There's (Now) A Way In California

    Allonn E. Levy

    The California Supreme Court has unanimously reversed course from 50 years of precedent — confirming that wills in the state should be treated no differently than other written documents when it comes to correcting mistakes. The ruling almost certainly will create more litigation, say Ryan Cunningham and Allonn Levy of Hopkins & Carley.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • Fluor Ruling Is Good News For Calif. Policyholders

    Richard DeNatale

    Last week, in its long-anticipated and unanimous decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations, placing California squarely in the mainstream view, say Richard DeNatale and Celia Jackson at Orrick Herrington & Sutcliffe LLP.

  • 5 Legal Considerations Before Firing Employees In Calif.

    Joshua R. Dale

    Unfortunately, wrongful termination lawsuits have increased. Particularly in California, once you decide to terminate an employee, there are a number of steps to take and considerations to make to protect your interests and ensure you conduct the termination with dignity, says Joshua Dale of Michel & Associates PC.

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.

  • A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

    Mark A. Lies II

    The Ninth Circuit's ruling in Mayo v. PCC Structurals Inc. and an Occupational Safety and Health Review Commission administrative law judge's decision in Secretary of Labor v. Integra Health Management Inc. illustrate the competing liabilities health care employers face in their decision-making when responding to workplace violence, say Mark Lies II and Craig Simonsen of Seyfarth Shaw LLP.

  • REBUTTAL: It's Not An Inappropriate Reasonable Royalty Rule

    Michael J. Chapman

    Contrary to the views expressed in a recent Law360 guest column, the California federal court's decision in Good Technology Corporation v. MobileIron Inc. appears to be good law, consistent with recent Federal Circuit guidance concerning the proper determination of reasonable royalty damages, say Michael Chapman and John Jarosz of Analysis Group Inc.

  • Donald Sterling V. TMZ: A Not-So-Sterling Lawsuit

    Neville L. Johnson

    If Donald Sterling had come to me with the privacy lawsuit that he recently filed against TMZ Productions Inc. and V. Stiviano, I would have sent the beleaguered former Clippers owner off to the locker room, says Neville Johnson, a founding partner of Johnson & Johnson LLP.

  • Successor Liability In Calif.: Where To Point The Finger

    Richard M. Williams

    When one product manufacturer or distributor acquires another, which party should assume the existing debt and/or ongoing liabilities — the buyer or the seller? Originating in California and adopted in four other states, the product line successor exception is one way to answer that question, says Richard Williams at Gray Duffy LLP.

  • 5 Reasons State Compliance With Clean Power Plan Is Easy

    John Bernetich

    The dire forecast from the group of 15 states that filed an emergency petition seeking a stay of the Clean Power Plan is greatly exaggerated. The final rule allows significant flexibility to utilities and states, and much of the legal infrastructure necessary for states to comply with the final rule is already in place throughout the country, say Ayres Law Group LLP's John Bernetich and Richard Ayres, co-founder of the Natural Reso... (continued)