California

  • July 7, 2015

    Bimbo Rips False Labeling Plaintiffs Over Missing Receipts

    Bimbo Bakeries USA Inc. on Monday slammed plaintiffs of a false labeling lawsuit who called the company’s bid to strike their claims over missing receipts a “trap,” telling a California federal judge that one plaintiff testified under oath that he was never told to maintain proof of purchase documents despite the defense’s request, and did destroy receipts.

  • July 7, 2015

    Edison Sued By Investors For Risking $3.3B CPUC Deal

    Edison International on Monday was hit with a putative securities class action in California federal court alleging the utility giant jeopardized its $3.3 billion settlement with the California Public Utilities Commission over the shutdown of a leaky nuclear reactor by hiding improper contacts with the agency.

  • July 7, 2015

    Details Revealed On 18 New Immigration Judges

    Eighteen judges have started new jobs in immigration courts around the U.S., and while their paths have intersected at the bench, documents provided to Law360 on Tuesday show they took distinct routes to get to this point.

  • July 7, 2015

    Ala. Justices Primed To Shape Take-Home Exposure Debate

    The Alabama Supreme Court's potential consideration of whether the predictability of an injury alone is enough to hold premises owners liable for harm suffered by those close to employees working in hazardous conditions could clarify the growing controversy before the California high court's anticipated ruling on the issue next year.

  • July 7, 2015

    Cargill, C&H Lose Dueling Bids To Nix Sugar False Ad Claims

    A California federal judge Tuesday kept alive dueling false advertising claims that pit C&H Sugar Co. and sugar producers against Cargill Inc. and other corn syrup makers in a fierce contest over the science of sweeteners.

  • July 7, 2015

    9th Circ. Reverses Stance On Heritage In Indian Assault Case

    An en banc Ninth Circuit on Tuesday affirmed several assault convictions against a Native American man, overturning its previous conclusion that the government had to prove the man's blood could be traced to a federally recognized tribe to be prosecuted under the Indian Major Crimes Act.

  • July 7, 2015

    Investment Firm Can't Shake $55M Securities Suit

    A California federal judge refused to nix a securities class action against a financial firm accused of making high-risk investments that allegedly lost more than $55 million, saying Monday that the plaintiffs’ couldn’t be forced into an arduous and unfair arbitration.

  • July 7, 2015

    Levi & Korsinsky Named Lead Counsel In 500.Com IPO Suit

    A California federal judge on Tuesday appointed the lead plaintiff in a putative securities class action against the online Chinese sports-lottery service 500.com and approved his selection of Levi & Korsinsky LLP as lead counsel.

  • July 7, 2015

    3 Takeaways From The 9th Circ.'s Insider Trading Ruling

    U.S. District Judge Jed S. Rakoff on Monday added yet another twist to the growing mess of insider trading law when he penned a Ninth Circuit decision to uphold a conviction in a family insider trading scheme, underscoring the ambiguity of the Second Circuit’s landmark Newman decision and increasing the likelihood that the government will appeal it.

  • July 7, 2015

    AGs Want Data Breach Laws To Uphold States' Authority

    The attorneys general of New York, California and Florida joined 44 other state and territorial attorneys general Tuesday in urging Congress to avoid preempting their authority when drafting federal data security laws, arguing that states can respond more quickly to privacy concerns.

  • July 7, 2015

    Judge OKs Chuck E. Cheese's $1.75M Background Check Deal

    A California federal judge signed off Tuesday on a proposed settlement worth up to $1.75 million in a class action brought by Chuck E. Cheese’s job applicants who said the company failed to provide proper disclosures in connection with background check reports.

  • July 7, 2015

    GM Can't Use Enviro Laws To Defend 'Defect,' Court Told

    General Motors LLC’s argument that an alleged engine defect in its diesel trucks is a necessary tradeoff for compliance with federal emissions standards is an attempt to distract the court, a proposed class told a California federal court Monday in a bid to keep their suit alive.

  • July 7, 2015

    Cargill Wants 9th Circ. To Hear Venue Issue In E. Coli Row

    Cargill Inc. claims that a lack of diversity jurisdiction, discovered after three years and a jury verdict, should torpedo a suit brought by United Food Group LLC over E. coli-tainted beef, asking a California federal court to send the question to the Ninth Circuit.

  • July 7, 2015

    Coca-Cola Must Face False Ad Class Action Over Juice Blend

    A California federal judge Monday denied The Coca-Cola Co.’s bid to toss a proposed consumer class action over allegedly misleading marketing for its Minute Maid Enhanced Pomegranate Blueberry juice, ruling that the U.S. Supreme Court's Pom decision didn't close the lid on the case.

  • July 7, 2015

    9th Circ. Mulls DMCA Takedowns In 'Dancing Baby Case'

    A Ninth Circuit panel on Tuesday grilled attorneys on both sides of a closely watched dispute over whether copyright owners can send takedown notices to sites like YouTube without considering whether the targeted material is legal fair use.

  • July 7, 2015

    En Banc 9th Circ. Loosens FCA’s Original Source Requirement

    The Ninth Circuit on Tuesday reversed a dismissal of consolidated False Claims Act suits brought by whistleblowers against Kinetic Concepts Inc., overturning 23 years of precedent by ruling en banc that it doesn’t matter whether whistleblowers also played a role in the public disclosure of their claims.

  • July 7, 2015

    Google Slams Bid To Combine Privacy Class Actions

    Google on Monday criticized as “wildly belated” an Android user’s attempt to relate her case against the company to a class action accusing Google of providing personal information to app developers without permission.

  • July 7, 2015

    Hospital Group Pushes For Dismissal Of Cyberinsurance Suit

    Columbia Casualty Co.’s bid to stay rather than dismiss its case seeking to avoid coverage of a $4.13 million data breach settlement should be rejected because it may have tried to gain an unfair advantage by filing its suit, Cottage Health System told a California federal judge Monday.

  • July 7, 2015

    Horizon Pharma Makes $3B Hostile Bid For Depomed

    Irish drug company Horizon Pharma PLC said Tuesday it has made a $3 billion all-stock bid to take over Depomed Inc., a California-based pharmaceutical company that has been rebuffing Horizon’s offers since earlier this year.

  • July 6, 2015

    SEC Says Oil Co. Targeted EB-5 Investors In $68M Scheme

    The U.S. Securities and Exchange Commission on Monday accused a Bay Area oil and gas company and its CEO of running a $68 million "Ponzi-like" scheme that targeted the Chinese-American community and Chinese nationals hoping to get a green card by making investments in the U.S.

Expert Analysis

  • The Costs Of Worker Misclassification: Part 1

    Richard J. Reibstein

    Lax enforcement of and inattention toward proper worker classification throughout the 1990s and well into the late 2000s contributed to a lack of understanding of the legal distinctions between independent contractors and employees, though since mid-2007 regulators have been cracking down on misclassification, say attorneys at Pepper Hamilton LLP.

  • Raisins Reveal High Court's Pro-Property Rights Position

    Paul J. Beard II

    Horne v. U.S. Department of Agriculture is yet another win for property rights from the Roberts court. The U.S. Supreme Court makes clear in Horne that, where the government takes physical possession of property, it doesn’t matter whether the property it takes is personal or real — the appropriation constitutes a per se taking, without regard to countervailing factors, says Paul Beard of Alston & Bird LLP.

  • The Perils Of An English-Only Language Workplace Policy

    Jennifer C. Terry

    Courts remain split on the U.S. Equal Employment Opportunity Commission's position that broad English-only policies can be per se discriminatory. However, even in jurisdictions where courts have rejected the EEOC’s position on English-only policies, the employer does not automatically prevail, say Jennifer Terry and Steve Chariyasatit of Arent Fox LLP.

  • Mosaic Theory: Viewing Guest Registries In The Modern Age

    David C. Lee

    While subtle, the U.S. Supreme Court's ruling in City of Los Angeles v. Patel is arguably the next stepping stone in an emerging Fourth Amendment construction of privacy — via the mosaic theory — that may lead the court to revisit the idea that a hotel can voluntarily share its guest registry information, says David Lee of Michelman & Robinson LLP.

  • This Week In Congress: Post July 4 Tumult

    Richard A. Hertling

    The House and Senate return from the Independence Day recess this week facing a crowded July agenda. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP map the issues, ranging from national transportation and infrastructure funding to the Export-Import Bank's lapsed charter to the slew of fiscal year 2016 spending bills.

  • 9th Circ. Gives Growers Relief In Preserving Exemption

    James M. Sabovich

    The Ninth Circuit's ruling in Association of Irritated Residents v. U.S. Environmental Protection Agency preserving a long-standing exemption for emissions from certain pre-2004 agricultural sources granted growers a small reprieve this summer in an otherwise trying year for agriculture in the San Joaquin Valley, say attorneys at Bick Law Group.

  • Navigating Calif. Insurance Defense Settlements

    Christine Hiler

    The prospect of settlement can be a delicate endeavor for insureds, particularly when their interests diverge from those of the insurer. Christine Hiler and Samantha Wolff at Hanson Bridgett LLP explore some of the respective obligations and factors to consider when disputes arise in California between insureds and insurers during the settlement process.

  • The Sharing Economy's Next Phase: The Active Venue Firm

    Michael A. Troncoso

    Grocery delivery startup Instacart’s new worker classification approach reflects an emerging trend in how the sharing economy navigates its central dilemma — ensuring flexibility and freedom for its workforce, while maintaining quality and safety. More sharing economy firms are likely to use Instacart’s approach — becoming what I call an "active venue firm" — especially for services that are complex, sensitive or require intensive ... (continued)

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • Filing Class Actions Against Wage-Dodging Trucking Cos.

    Brian S. Kabateck

    Truck drivers pursuing class actions against trucking companies should not be discouraged by the recent trend of these companies attempting to avoid paying wages owed by filing for bankruptcy. Attorneys should investigate which individual controls employees’ wages, hours or working conditions and name that individual as a second employer-defendant, say Kabateck Brown Kellner LLP's Tsolik Kazandjian and Brian Kabateck, a former pres... (continued)