California

  • December 22, 2014

    Judge Denies Class Cert In Cymbalta Withdrawal Risks Suit

    A California federal judge has denied class certification in a suit alleging that Eli Lilly & Co. downplayed the withdrawal risks of its antidepressant drug Cymbalta, saying that the plaintiffs’ damages model was flawed because of complicating factors in the prescription drug market.

  • December 19, 2014

    Judge Slaps Down HP's 3rd Try At Autonomy Settlement

    A California federal judge on Friday rejected Hewlett Packard Co. shareholders’ third attempt at a settlement in their derivative suit over HP's disastrous $11.1 billion Autonomy Corp. acquisition, ruling the deal’s potential release of claims was still far too broad. 

  • December 19, 2014

    Centex Wins Again In Travelers' Choice-Of-Counsel Suit

    A California federal judge on Friday again dismissed claims brought by Travelers Property Casualty Co. of America and others against Centex Homes over the choice of counsel for Centex in a construction defect suit, ruling that the insurers failed to show the home-building company had breached its duty to cooperate.

  • December 19, 2014

    K&L Gates IP Partner Decamps After Client DQ Fight

    Former K&L Gates LLP partner Charles Holland has left the firm’s Palo Alto, California,  office for a position at Strategic Innovation IP Law Offices, less than three months after K&L Gates was accused of representing both sides of a patent infringement suit with ties to Holland.

  • December 19, 2014

    Ford Credit Gets Calif. Lease Notice Class Action Trimmed

    A California judge on Friday trimmed a putative class action alleging Ford Motor Credit Company LLC collects car lease payments from co-signers without providing a notice required by California law, tossing allegations that the practice violates the state’s unfair competition laws.

  • December 19, 2014

    9th Circ Holds Anti-Whaling Protester Group In Contempt

    The Ninth Circuit on Friday held anti-whaling activist Paul Watson and his Sea Shepherd Conservation Society, which the court previously called pirates, in contempt for violating an injunction barring them from interfering with Japanese whale-hunting researchers and ordered them to pay at least $2 million in sanctions.

  • December 19, 2014

    Calif. Strip Club, Dancers Get OK For Deal Over Taping, Tips

    A California judge on Friday granted final approval to a deal requiring the owner of Bare Elegance Gentlemen’s Club to pay $500,000 over claims by 443 exotic dancers that the club had illegally videotaped them and taken their tips, in violation of state labor laws.

  • December 19, 2014

    Pandora Tries To Ax Rockers' IP Suit Under Free Speech Law

    Pandora Media Inc. urged a California federal judge Friday to toss copyright class action claims brought by members of the 1960s rock band The Turtles alleging the online radio company infringed copyrights for pre-1972 songs, saying the rockers are claiming nonexistent rights to threaten Pandora's free speech rights.

  • December 19, 2014

    Calif. Panel Says Concepcion Defeats Broughton-Cruz Rule

    A California appellate panel Thursday bolstered the Federal Arbitration Act's preemption in the Golden State, finding the U.S. Supreme Court's Concepcion decision and the state high court's Iskanian ruling defeat a judge's reliance on the Broughton-Cruz rule to deny Citibank NA's bid to arbitrate an insurance consumer class' injunctive-relief claims.

  • December 19, 2014

    Samsung Tells High Court Memory Cartel Suit Should Survive

    Samsung Electronics Co. Ltd has urged the U.S. Supreme Court to reject Panasonic Corp.’s bid to rebury Samsung’s antitrust suit alleging Panasonic restrained competition through a patent-licensing deal on secure digital memory cards, arguing that the Ninth Circuit rightly found that Samsung alleged a single continuing violation.

  • December 19, 2014

    Sallie Mae Borrowers Win Cert. On Late-Fee Claims

    A California federal judge on Friday certified two classes of California student-loan borrowers who say Sallie Mae Inc. illegally charged them late fees, but refused to certify two other classes who say they were charged excessive interest, finding no evidence that Sallie Mae collected that interest.

  • December 19, 2014

    SG Says High Court Shouldn't Hear Teva Drug Label Case

    The solicitor general told the U.S. Supreme Court that it shouldn’t hear an appeal by Teva Pharmaceutical USA Inc. in a California state case over the generic-drug maker’s alleged liability for injuries stemming from out of date warning labels, saying that court lacks jurisdiction.

  • December 19, 2014

    9th Circ. To Rehear En Banc Bankruptcy Atty Fee Row

    The Ninth Circuit agreed Friday to grant an en banc review of an appellate panel's holding that a Chapter 13 debtor should be repaid for attorneys' fees incurred while defending a creditor's appeal of a bankruptcy court ruling because the fees resulted from a violation of the automatic stay.

  • December 19, 2014

    Gerber Fends Off Baby Food Labeling Suit

    A California federal judge on Thursday threw out a proposed class action accusing Gerber Products Co. of misbranding baby food, citing a lack of evidence that sugar and nutrition claims on the products’ labels actually deceived consumers.

  • December 19, 2014

    Feds, Enviros Push High Court To Preserve Fish Protections

    The federal government and environmental groups urged the U.S. Supreme Court to preserve a Ninth Circuit ruling keeping intact a U.S. Fish and Wildlife Service plan aimed at protecting California’s endangered delta smelt, arguing that the government didn’t need to consider potential economic impact on third parties.

  • December 19, 2014

    Zillow, Trulia Shareholders OK $3.5B Merger

    Online real estate listing rivals Zillow Inc.and Trulia Inc. said Thursday their respective shareholders have approved Zillow’s proposed proposed $3.5 billion stock-for-stock acquisition of Trulia as the companies await the green light from U.S. competition regulators.

  • December 19, 2014

    Judge Slams Symantec's 'Ridiculous' Quash Bid In Target MDL

    A California federal judge on Friday called Symantec Corp.'s bid to avoid handing over documents in multidistrict litigation over a massive breach of Target Corp.'s customer data “ridiculous” and ordered the antivirus software company to cough up details on the software it provided to the retailer.

  • December 19, 2014

    Calif. Appeals Court Backs State Agency's Sales Tax Rule

    A California appeals court on Thursday said the state tax board had been correctly applying state and local sales and use tax law and overturned a lower court's decision that threw out a state tax regulation that had been challenged by seven California cities.

  • December 19, 2014

    FERC Backs Interregional Transmission Plans With Caveats

    The Federal Energy Regulatory Commission on Thursday issued its first rulings on whether interregional transmission plans submitted by regional grid operators comply with its transmission planning rule Order No. 1,000, giving a thumbs-up to plans submitted by grid operators in California, the Midwest and Mid-Atlantic.

  • December 19, 2014

    Musk Says Battery Fire Securities Action Was 'Frivolous'

    Elon Musk and Tesla Motors Inc. asked a California federal judge Thursday for sanctions against Pomerantz LLP and Glancy Binkow & Goldberg LLP for bringing a “frivolous” securities class action nixed by a judge who called it a “losing proposition” to accuse Tesla of lying about the safety of its vehicles.

Expert Analysis

  • Tracking State Data Protection Enforcement In 2014

    Heather Egan Sussman

    In 2014, state attorneys general continued to play the important parallel roles they have developed in recent years by expanding their use of joint, multistate investigations into data breaches and state legislatures introduced bills on issues such as revenge porn and students' personal and social media information, say attorneys at McDermott Will & Emery LLP.

  • The Naked Truth: Intricacies Of Naked Short Sales

    Joshua Hamilton

    The California Court of Appeal decision in the Overstock.com Inc. case provides an unusually deep discussion of the interplay between short selling — specifically, naked short selling — and both the California and federal laws designed to prevent market manipulation, say Joshua Hamilton and Ryan Walsh of Paul Hastings LLP.

  • 6 Privacy Law Trends That Will Continue In 2015

    Liisa Thomas

    With expanding definitions of what constitutes “personal” information, rampant data breach litigation and increased activity in the international space, 2014 has been a busy year in privacy law. These trends will likely feed into what we see in the privacy space in 2015, say Liisa Thomas and Rob Newman of Winston & Strawn LLP.

  • A Murky Trade Secret Landscape: What Employers Can Do

    Robert Hanna

    The Arizona Supreme Court’s recent decision in Orca Communications Unlimited LLC v. Noder permitting common law tort claims for misappropriation of confidential information that do not fall under the definition of trade secret may indicate a trend toward state courts reconsidering their positions on this issue, say Robert Hanna and Stephanie Rzepka of Tucker Ellis LLP.

  • Product Liability In The Age Of Global Pandemics

    Hildy Sastre

    Shahinian v. Kimberly-Clark Corp. illustrates some of the many challenges facing product liability litigation based on the fear of pandemics and shows that even the most insulated business can face claims related to injuries caused by diseases over which it had no control, say Hildy Sastre and Iain Kennedy of Shook Hardy & Bacon LLP.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • 9 Lessons For Creditors From Detroit's Bankruptcy

    Lawrence A. Larose

    A great deal of ink has already been spilled on what Detroit's bankruptcy case means, particularly from the viewpoint of the municipality and its citizens. As counsel for one of the largest creditors in the city’s Chapter 9 case, we offer the following nine lessons for creditors and other stakeholders of distressed municipalities, say Lawrence Larose and Samuel Kohn of Chadbourne & Parke LLP.

  • Year In Review: 2014 State And Local Employment Laws

    Susan Gross Sholinsky

    In 2014, states, cities, counties and other localities have been busy picking up Congress' slack on employment law by introducing bills and enacting laws on issues such as ban the box, sick leave and pregnancy accommodation, say Susan Gross Sholinsky and Nancy Gunzenhauser of Epstein Becker & Green PC.