California

  • January 30, 2015

    Warner Bros. Scores Win In ‘Gravity’ Dispute With Novelist

    A California federal judge dismissed a suit filed by a best-selling author who alleged Warner Bros. Entertainment Inc.’s Oscar-winning film “Gravity” was based in part on her novel of the same name, ruling that the author failed to show she had a contract with Warner Bros.

  • January 30, 2015

    Uber Bid To Call Drivers ‘Contractors’ Unpersuasive: Judge

    The California federal judge overseeing a lawsuit by Uber Technologies Inc. drivers claiming they were cheated out of a 20 percent gratuity cast doubt Friday on the ride-hailing company’s bid for a ruling that the drivers aren't its employees, saying Uber's claim that it's only a software platform wasn't “very persuasive.”

  • January 30, 2015

    OCZ Trustee And Ex-Brass Spar Over Investigation

    Both sides of a dispute in Delaware bankruptcy court over the liquidation trustee for OCZ Technology Group Inc.'s estate’s investigation into whether there are claims for creditors stemming from settlements in California with the company’s former brass accused the other Friday of flouting judicial rules.

  • January 30, 2015

    OmniVision Investors Get $12M In Apple Supplier Status Row

    A California federal judge on Friday preliminarily approved a $12.5 million settlement with a class of shareholders claiming OmniVision Technologies Inc. misled them into believing it was maintaining its exclusive position supplying image sensors for Apple Inc.'s iPhone 4s.

  • January 30, 2015

    Popcorn Lung Verdict Reversed Over Immigration Info

    A California appellate court Friday reversed the verdict against a former factory worker who lost his "popcorn lung" case, finding the lower court made a crucial mistake when it informed the jury that the plaintiff was in the country illegally.

  • January 30, 2015

    Shell Pays $90M To Escape Calif. Contamination Suit

    A California judge on Friday tentatively approved Shell Oil Co.'s $90 million good-faith settlement of personal injury claims brought by nearly 1,500 Los Angeles-area residents allegedly harmed by buried waste oil, leaving intact claims against the developer of their neighborhood, Barclay Hollander Corp., and its current owner, Dole Food Co.

  • January 30, 2015

    CVS Accuses Former Director Of Stealing Trade Secrets

    CVS Pharmacy Inc. on Friday in California federal court accused a former senior director of specialty clinical services of emailing himself copies of sensitive company information on his way out the door to work for a competitor.

  • January 30, 2015

    LA Hotels Must Be Able To Contest Searches, High Court Told

    A coalition of Los Angeles motel owners is urging the U.S. Supreme Court to uphold a Ninth Circuit ruling striking down a city law allowing warrantless searches of hotel registries, arguing that the Fourth Amendment requires an opportunity for judicial review before the government can conduct such searches.

  • January 30, 2015

    Latham’s Shake Shack IPO Grabs Spotlight Amid Busy Week

    Shake Shack Inc.’s upsized initial public offering, led by Latham & Watkins LLP, snatched the spotlight this week as a total of 10 companies, including an electricity-focused real estate investment trust and eight life sciences companies, together raised nearly $1.2 billion, suggesting 2015 is shaping up to be another record-setting year.

  • January 30, 2015

    Fla. Judge Grants Apple Transfer In Photo Sharing IP Suit

    A Florida federal judge on Friday granted Apple Inc.'s request to transfer a suit claiming infringement of a patent for mobile photo sharing technology to the Northern District of California, finding that the case's “center of gravity” is located there and that court is better suited for the dispute.

  • January 30, 2015

    Zipcar Can't Ditch Claims It Gouged Drivers On Late Fees

    A California federal judge Thursday denied Zipcar Inc.'s request to throw out a putative class action accusing it of illegally gouging California drivers on late fees, saying the car-sharing service must show how the charges square with the actual cost of overdue vehicle returns.

  • January 30, 2015

    Urban Outfitters Wants Law Firm Sanctioned For Duplicate Suit

    Urban Outfitters Inc. asked a California federal court Thursday to sanction Doniger Burroughs APC for allegedly filing identical suits in the same court accusing Macy’s Inc., Saks Inc. and 63 other retailers of selling a dress, made by Urban subsidiary Free People, that sports a stolen print.

  • January 30, 2015

    Flight Schools Flew Away With Cash, Foreign Students Say

    A trio of immigrant Indonesian students lodged a suit in California federal court on Thursday, accusing several flight schools of swindling them out of tuition fees for aviation courses by misrepresenting their services and then absconding with the money without actually providing the promised instruction.

  • January 30, 2015

    Allstate Asks High Court To Review Adjusters’ OT Class Cert.

    Allstate Insurance Co. asked the U.S. Supreme Court Tuesday to review a Ninth Circuit decision that upheld a California federal judge's order certifying a class of roughly 800 claims adjusters who allege Allstate denied them overtime pay, saying the ruling splits with precedents set in other circuits.

  • January 30, 2015

    DOJ Drops 9th Circ. Appeal In Patriot Act FOIA Dispute

    The Electronic Frontier Foundation on Thursday said the U.S. Department of Justice dropped its Ninth Circuit appeal in a Freedom of Information Act dispute over a secret legal interpretation of a section of the Patriot Act, teeing up the release of an unpublished opinion on census data access by law enforcement and intelligence agencies. 

  • January 30, 2015

    Coupa Can't Ditch Rival Ariba's Trade-Secret Theft Claims

    A California state judge on Friday refused to throw out e-procurement company Ariba Inc.'s trade-secret misappropriation case against rival Coupa Software Inc., saying Coupa failed to show that the new claims are time-barred by Ariba's trade-secrets suit against a former employee in 2010.

  • January 30, 2015

    KeyPoint Misclassified Investigators To Deny OT, Suit Says

    An investigator for KeyPoint Government Solutions Inc., which conducts background checks for the U.S. government, wants years of overtime back pay for himself and a proposed class of others who were allegedly misclassified as independent contractors, according to a lawsuit filed in California federal court Thursday.

  • January 30, 2015

    Abbott Labs Escapes Class Cert. Bid By Ensure Drinkers

    A California federal judge Wednesday sunk a class certification bid by customers of Abbott Laboratories Inc.’s Ensure health shakes who alleged the company didn’t say the drink has no benefit for Vitamin D-deficient people, ruling that the state and nationwide class designations were flawed.

  • January 30, 2015

    Aveta Demands Whistleblower Fork Over Docs In Fraud Row

    Aveta Inc., MSO of Puerto Rico Inc. and others on Thursday demanded that a whistleblower whose California federal suit alleges they collected up to $350 million annually in a Medicare fraud scheme return more than 26,000 documents he allegedly took after he was fired.

  • January 30, 2015

    Michael Jackson's Mom Loses Bid For New Trial Against AEG

    A California appellate court on Friday upheld a jury's verdict that concert promoter AEG Live LLC was not liable for the doctor who fatally overdosed pop legend Michael Jackson, rejecting arguments from the performer's family that jury instructions were flawed.

Expert Analysis

  • It's A Harsh Winter For 'All Natural' Food Class Actions

    Caitlin C. Blanche

    Werdebaugh v. Blue Diamond Growers and Brazil v. Dole Packaged Foods LLC both reaffirm the impact of the U.S. Supreme Court's Comcast Corp. v. Behrend ruling and the flaws in regression analyses. More broadly though, the cases illustrate the difficult road ahead for plaintiffs seeking to advance “all natural” labeling claims past the class certification stage, say Matthew Ball and Caitlin Blanche of K&L Gates LLP.

  • Thoughts On Consolidating Federal And State Antitrust Cases

    Jason Murray

    Consolidation of federal- and state-based antitrust cases can promote judicial efficiency in an overburdened system, but these opportunities also jeopardize constitutional due process rights, say attorneys with Crowell & Moring LLP.

  • A General Counsel's Top 10 Tips On Calif. Wage-And-Hour Law

    Francis M. Drelling

    California is a great place to live, but it can be a challenging place to do business, with one of the biggest challenges being the multitude of wage-and-hour class actions filed each day. I never had a "starter kit" when I first began my in-house practice, but I certainly wish someone had given me one, says Francis Drelling, general counsel with Specialty Restaurants Corp.

  • Time For Calif. Employers To Check Hours Worked Policies

    Karen Reinhold

    Following the California Supreme Court's analysis in Mendiola v. CPS Security Solutions Inc., employers would be wise to review any standby, on-call or pager practices used with nonexempt workers. Whether on-call or standby time should be treated as compensable hours worked will involve a factual analysis of the degree of control exercised by the employer, say Karen Reinhold and Daniel Pyne of Hopkins & Carley.

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • Iskanian V. CLS Will Continue To Divide Calif. Courts

    Regina Silva

    The U.S. Supreme Court's recent denial to hear Iskanian v. CLS Transportation Los Angeles LLC means it remains good law and is binding on all state courts. However, since California federal courts appear to have no intention of following the opinion, legal observers should expect significant forum-shopping by litigants going forward, says Regina Silva, senior counsel at Tyson & Mendes LLP and a former prosecutor.

  • How To Fix College Football's Legal Issues

    James Gulotta Jr.

    Baseball and basketball players have professional employment opportunities at an early age — there is no reason why football players should not have similar opportunities. If the National Football League's three-season waiting rule were lifted, much of the confusion affecting college football resolves into clarity, says James Gulotta Jr. of Stone Pigman Walther Wittmann LLC.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Normal Contract Rules Apply For E-Signing In Calif.

    Alan S. Kaplinsky

    A California appellate court's recent ruling in Ruiz v. Moss Bros. Auto Group Inc. shows that, even though nearly all jurisdictions recognize the legal effect of electronic signatures, employers must be able to establish that the electronic signature was the act of the employee, say attorneys at Ballard Spahr LLP.

  • Caution To Landlords: Calif. Nonwaiver Clauses Revisited

    Sylvia S. Arostegui

    Historically, California landlords have taken refuge in the protections afforded by including a nonwaiver clause in their leases. And under most circumstances, courts will enforce such nonwaiver provisions. But there are exceptions that can leave landlords without the protection they expect, says Sylvia Arostegui of Nossaman LLP.