• July 29, 2014

    S&P Slams NCUA Over Discovery In DOJ’s $5B MBS Fraud Suit

    Standard & Poor’s Financial Services LLC on Tuesday told a California federal judge the National Credit Union Administration is withholding documents it has subpoenaed for its defense of the federal government’s $5 billion suit alleging it knowingly inflated ratings on residential mortgage-backed securities.

  • July 29, 2014

    Square Counters Patent-Holder Letter With Lawsuit

    Square Inc. launched a lawsuit in California federal court on Monday in which it insists its online marketplace product does not infringe on a pair of patents owned by data encryption company Protegrity Corp., in response to a letter it received from the company.

  • July 29, 2014

    PG&E Faces $1B Indictment In Pipeline Blast Case

    A California federal grand jury hit Pacific Gas & Electric Co. with a superseding indictment Tuesday over its role in the fatal 2010 San Bruno natural gas explosion, tacking on 16 new criminal counts, including obstruction, and pegging potential penalties at up to $1.1 billion.

  • July 29, 2014

    New Protections For Part-Time Workers Floated In SF

    A San Francisco supervisor on Tuesday introduced a proposed ordinance that would require retail, hotel, bank and restaurant chains operating in the city to provide more work hours for part-time employees before hiring additional staff members.

  • July 29, 2014

    Toshiba Can't Force Settlement Discovery In Price-Fixing MDL

    A California federal judge on Monday denied a bid by Toshiba America Information Systems Inc. to force several plaintiffs to fork over settlement agreements in multidistrict litigation over cathode ray tubes price-fixing, finding the discovery request was premature.

  • July 29, 2014

    Vizio's Bid For Fees In Oplus Patent Case Knocked By Judge

    An Illinois magistrate judge on Monday recommended rejecting Vizio Inc.'s motion seeking attorneys' fees from Oplus Technologies Ltd. as a sanction for what Vizio called a baseless patent suit, citing a February ruling by a different court denying Vizio fees in a closely related case.

  • July 29, 2014

    Calif. Appeals Court OKs Brake Co.'s $2M Asbestos Verdict

    A California appeals court has upheld a $2 million verdict in a mesothelioma victim's suit alleging he was exposed to asbestos through brake parts manufactured by Pneumo Abex LLC, rejecting the company’s argument that it was prejudiced during the trial by the application of an appeals court ruling.

  • July 29, 2014

    HTC Loses Attempt To Transfer Rockstar Suit To California

    HTC Corp. on Tuesday lost a bid to move to California a lawsuit that alleges the company — and several others, including Google Inc. and Samsung Electronics Co. Ltd. — infringed on patents that Apple Inc.-based Rockstar Consortium US LP bought for $4.5 billion.

  • July 29, 2014

    FedEx Denies It Illegally Distributed Generic Valium, Xanax

    FedEx Corp. on Tuesday pled not guilty in California federal court to a 15-count criminal complaint accusing it of helping illegal online pharmacies ship generic versions of Valium, Xanax and other drugs, the first step in a legal defense with potentially enormous financial stakes.

  • July 29, 2014

    U-Haul Hit With False-Ad Suit Over 'Environmental Fees'

    U-Haul International Inc. has been slapped with a putative class action by a California consumer alleging the moving-truck rental company falsely advertises its prices without including mandatory "environmental fees" of $1 to $5 to its daily rates.

  • July 29, 2014

    Employees Can't Duck Arbitration In Wage Suit, CarMax Says

    CarMax Auto Superstores California LLC on Monday urged a California federal judge to bar plaintiffs in a putative wage-and-hour class action that was sent to arbitration from bringing identical claims in state court, arguing they are trying to avoid the arbitration order by filing the new suit.

  • July 29, 2014

    Ex-HP Salesman Can't Duck Attys' Fees In Suit Over Bonuses

    A California federal judge has ordered a former Hewlett-Packard Co. sales representative to pay about $166,000 in attorneys' fees and court costs for filing a since-dismissed class action for unpaid bonuses that the court ruled wrongly relied on a state labor code amendment.

  • July 29, 2014

    Gap Can't Escape Claims Staff Worked Off The Clock

    The Gap Inc. on Monday lost its bid to extinguish a proposed class action brought by a former employee in California who claims the clothing retailer doesn't fully compensate its staff members for all of their work.

  • July 29, 2014

    Jackson Lewis Nabs Ex-Atkinson Employment Partner In Calif.

    Jackson Lewis PC said on Tuesday it picked up a former partner of Atkinson Andelson Loya Ruud & Romo PLC whose practice has focused on advising, representing and defending employers across a wide array of industries, including health care, insurance, finance, professional services, manufacturing and real estate.

  • July 29, 2014

    Chase Beats Rocker Rundgren's Mortgage Suit In 9th Circ.

    The Ninth Circuit on Tuesday tossed '70s rocker Todd Rundgren's suit contending JPMorgan Chase Bank NA is liable for defunct Washington Mutual Bank FA's allegedly fraudulent handling of his $3 million mortgage, saying the musician failed to exhaust his administrative remedies before suing.

  • July 29, 2014

    Research Company Pays $1.5M To End TCPA Suit

    Polling and public opinion research company Mountain West Research Center LC on Monday agreed to a $1.5 million settlement that will resolve class action claims that it violated the Telephone Consumer Protection Act in the course of contacting consumers by phone.

  • July 29, 2014

    Calif. Justices Told Insurer Can Deny Eating Disorder Care

    Blue Shield of California has asked the California Supreme Court to overturn a decision in a proposed class action saying the insurer must pay for two women's residential treatment of eating disorders, arguing the treatment goes beyond state law requirements that insurers treat mental and physical ailments equally.

  • July 29, 2014

    Macy's, Foot Locker Sued For Collecting Customer Info

    A putative class of California consumers hit Macy's Inc. and Foot Locker Inc. with separate suits in federal court on Monday alleging that their personal information was illegally collected at in-store checkouts. 

  • July 29, 2014

    Apple Must Turn Over Licensing Docs In $2B German IP Suit

    A California magistrate judge on Monday denied Apple Inc.’s bid to quash a German patent holding company’s subpoena for specific licensing agreements for use in an appeal of a €1.6 billion ($2.15 billion) suit against the iPad maker over a wireless network access patent, saying the plaintiff’s subpoena was timely.

  • July 29, 2014

    Endo, Watson Seek Dismissal Of Lidoderm Pay-For-Delay Suits

    Endo Pharmaceuticals Inc., Teikoku Seiyaku Co. Ltd. and Watson Pharmaceuticals Inc. urged a California federal judge on Monday to dismiss several suits in multidistrict litigation accusing them of illegally agreeing to delay a generic version of the Lidoderm pain relief patch, arguing the deal was perfectly lawful.

Expert Analysis

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • Calif. Courts Concede To Class Waivers Post-Concepcion

    Lori Phillips

    Despite the employee-friendly nature of California courts and their occasional rendering of arbitration agreements as unenforceable, two recent Ninth Circuit rulings in Davis v. Nordstrom Inc. and Johnmohammadi v. Bloomingdale’s Inc. may make challenges to class-claim waivers a thing of the past, says Lori Phillips of Sherman & Howard LLC.

  • Defense Bar Risks Giving Bad Advice About Pregnant Workers

    Joan C. Williams

    A few weeks ago, for the first time in 30 years, the Equal Employment Opportunity Commission updated its guidance on pregnancy discrimination in response to a flood of pregnancy discrimination complaints. What followed was truly weird, says Joan Williams of the University of California, Hastings College of Law.

  • Immigration-Related Liability For Calif. Employers Rises

    Richard E. Bromley

    In light of the California Supreme Court's recent ruling in Salas v. Sierra Chemical Co., employers should not continue to employ workers after discovery of unauthorized status because doing so may expose them to further liability, say attorneys at Nixon Peabody LLP.

  • Peregrine Puts Hired-To-Invent Issues In Spotlight

    Michael Bunis

    Do you think your employees are hired to invent? A California federal judge's recent ruling in Peregrine Semiconductor Corp. v. RF Micro Devices Inc. serves as a reminder that oral agreements are insufficient and employees who perform general engineering, development or other activities will likely fall outside the scope of the hired-to-invent doctrine, say Michael Bunis and Vanessa Arslanian of Choate Hall & Stewart LLP.

  • Your State Contract May Prohibit Offshore Outsourcing

    Merle DeLancey

    A recent report from the U.S. Department of Health and Human Services Office of the Inspector General resurfaced the issue of offshoring restrictions in the context of Medicaid contracts. This easily overlooked issue has been percolating to the top of the list for government agencies, state attorneys general and, perhaps, qui tam plaintiffs’ attorneys, say attorneys with Dickstein Shapiro LLP.

  • Rakoff's Foreign Fund Clawback Ruling Has Limitations

    Raniero D’Aversa

    Judge Jed Rakoff’s recent ruling in the case of Madoff Securities gives comfort to foreign investors that the proceeds of their indirect investments in U.S. companies will not likely be clawed back, but it does not come without certain warnings and limitations — especially considering a contradictory Ninth Circuit ruling issued a mere three days prior to Rakoff’s decision, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Government Seeks To Outsource Criminal Enforcement

    Nathan Hochman

    The prosecution of FedEx Corp. for allegedly failing to heed signs that illegal Internet pharmacies were using its facilities represents a significant expansion of the U.S. Department of Justice’s efforts to outsource law enforcement to private third parties and then go after these third parties when they fail to meet an undefined standard of compliance, rather than focus on the criminals, say attorneys with Bingham McCutchen LLP.

  • Calif. Is Particular About Secondary Exposure Liability

    Joel B. Crane

    Two California appellate courts recently decided cases that will significantly impact secondary asbestos exposure claims, differentiating between product manufacturers and premises owners, and may ultimately invite clarification from the California Supreme Court, say Joel Crane and Danila Toscano of Sedgwick LLP.