• October 6, 2015

    Calif. Court Bars Tribe's $315M Casino Suit Against State

    A California appeals court on Monday unanimously upheld a trial court’s ruling that a gaming compact between the state and a tribe bars the latter from claiming $315 million in damages for when it was unable to get state licenses for its slot machines.

  • October 6, 2015

    Attys Billed $3M Extra In Asbestos Suits, Insurer Says

    A Swiss Re insurer sued Vasquez Estrada & Conway LLP in a California federal court Monday, alleging the firm billed $3 million more than it should have to defend a chemical company in a number of asbestos suits.

  • October 6, 2015

    Asylum Seeker Asks High Court To Review Persecution Case

    An Evangelical Christian musician from Belarus who was denied asylum to escape purported religious persecution that he suffered in his home country has urged the U.S. Supreme Court to review whether the Ninth Circuit used the wrong standard in affirming the Board of Immigration Appeals' finding that he lacked credibility.

  • October 6, 2015

    Apple Supplier To Buy PMC-Sierra In $2B All-Cash Deal

    Semiconductor manufacturer Skyworks Solutions has snapped up California-based chipmaker PMC-Sierra Inc. for $2 billion in cash, the company said Monday.

  • October 5, 2015

    CAA Bars Truckers' Rule Challenge, Calif. Tells High Court

    California has urged the U.S. Supreme Court to reject the Western States Trucking Association’s appeal of a state law requiring emissions upgrades on some diesel trucks, arguing that the Clean Air Act’s jurisdictional rules apply and the association missed valid opportunities to challenge the rule.

  • October 5, 2015

    Allergan Beats Miotox’s $600M Botox Royalty Claims

    A California federal judge on Monday granted Allergan Inc.’s motion for summary judgment in a $600 million breach-of-contract lawsuit over Botox, holding that the pharmaceutical giant does not have to pay Miotox certain royalties under the terms of a license agreement.

  • October 5, 2015

    Gas Trucking Co. Pays $1.3M To Settle Drivers' Wage Suit

    A putative class of drivers who allege that a provider of specialty gases stiffed them on wages asked a California federal court on Monday to grant final approval to a $1.3 million settlement of the case.

  • October 5, 2015

    CFTC Lands $3.8M Win In Commodity Pool Fraud Suit

    A California federal judge imposed a $3.8 million judgment Monday on Direct Investment Products and its principal, which the U.S. Commodity Futures Trading Commission accuses of running a fraudulent commodity pool that targeted investors from former Soviet bloc states.

  • October 5, 2015

    9th Circ. Won't Rehear Suit Over Guam's Delayed Tax Refunds

    The Ninth Circuit on Friday unanimously shot down a bid to rehear en banc a class action brought by taxpayers who accused Guam of improperly delaying tax refunds, leaving intact its decision that the government had acted illegally by withholding the refunds to balance its budget.

  • October 5, 2015

    Scottrade Hit With 1st Data Breach Suit

    Discount brokerage house Scottrade Inc. on Friday in California federal court was hit with the first proposed class action over a data breach — announced that same day — that targeted 4.6 million users between late 2013 and early 2014 and possibly compromised Social Security numbers and other information.

  • October 5, 2015

    Tribe Members Say Rival Faction's Casino Prep Is Illegal

    A faction of the Picayune Rancheria of Chukchansi Indians, whose members have been dueling over control of the Chukchansi Gold Resort & Casino, told a California federal court Monday that another faction’s efforts to ready the casino for opening violate an injunction.

  • October 5, 2015

    Southwest Credit Expired Too Soon, Travelers Say

    A pair of Southwest Airlines Co. travelers have filed a putative class action in California federal court over what they claim is a “hidden exception” in the airline’s cancellation policy, saying credit from a canceled flight was deemed expired months before the airline’s advertised one-year expiration date.

  • October 5, 2015

    Costco Contractor To Pay $4.25M To Settle Wage Suit

    Workers who demonstrate products at Costco warehouses asked a California federal judge Monday to sign off on a $4.25 million settlement of a class action accusing a Costco contractor of wage violations.

  • October 5, 2015

    High Court Won't Review CERCLA Deference Dispute

    The U.S. Supreme Court on Monday refused to review a Ninth Circuit finding that district courts must more closely analyze states’ Comprehensive Environmental Response, Compensation and Liability Act settlements.

  • October 5, 2015

    'Right To Die' Becomes Law In Calif.

    California Gov. Jerry Brown on Monday signed a bill allowing terminally ill adults to receive life-ending prescription drugs, a major victory for a "right-to-die" movement that has made only modest progress over the years.

  • October 5, 2015

    Trucking Co. Says Ex-Employees Ran Rivals From Its Office

    Three former employees of a California trucking company helped run a pair of competing businesses from their then-employer's office, sharing company equipment and stolen intellectual property to give the two businesses a competitive advantage, the trucking company said in lawsuit filed in California state court Friday.

  • October 5, 2015

    Kohl's Beats Employees' FCRA Background Check Claims

    A California federal judge agreed Monday to dismiss a proposed class action accusing Kohl’s Department Stores Inc. of improperly running background checks on job applicants, finding that two former employees who filed the suit failed to demonstrate any willful violations of the Fair Credit Reporting Act.

  • October 5, 2015

    Fox Rothschild Picks Up IP Pro For LA Office

    Fox Rothschild LLP said Monday it has hired a trademark examinations pro with nearly two decades of experience advising clients on strategic intellectual property management from Blakely Sokoloff Taylor & Zafman LLP to join the firm as a partner in its Los Angeles office.

  • October 5, 2015

    Enviros Want 2nd Chance To Fight Agencies Over Highway

    Environmental groups asked a California federal judge on Friday for permission to amend their suit challenging a $50 million highway widening project so that they can more clearly plead claims that the U.S. Fish and Wildlife Service and the National Park Service didn’t properly vet mitigation measures.

  • October 5, 2015

    Austria Railway Case Brings Wall St. Risks, Justices Told

    The attorney for a woman injured on Austria’s national railway told the U.S. Supreme Court during arguments Monday that granting the country immunity from her personal injury suit would cause uncertainty in the financial world by making it harder for companies to sue foreign governments over complex deals.

Expert Analysis

  • Don't Despair, There Are Defenses To Prop 65 Claims

    Ken D. Kronstadt

    While California's Proposition 65 has spawned a cottage industry for plaintiffs' attorneys and most cases end up settling, defenses do exist. From untimely lawsuits to federal preemption to “safe harbor” and “naturally occurring levels,” factual and legal circumstances exist which may make settlement unpalatable, say Lee Brenner and Ken Kronstadt of Kelley Drye & Warren LLP.

  • Can Calif.'s Gov. Still Hit His Climate Change Goals?

    While the California Legislature's failure to pass S.B. 32 and amendments to S.B. 350 and A.B. 1288 have been noted by some commentators as setbacks for Gov. Jerry Brown's environmental and energy agenda, the governor may be able to achieve his original goals through the Air Resources Board, say attorneys at Latham & Watkins LLP.

  • Another Privacy Victory For Video Service Providers

    Alysa Hutnik

    The Ninth Circuit's recent ruling in Rodriguez v. Sony Computer Entertainment America LLC is in line with the trend of courts limiting streaming media companies' liability under the Video Privacy Protection Act — a trend becoming increasingly important to companies’ bottom lines, say Alysa Hutnik and Robyn Mohr of Kelley Drye & Warren LLP.

  • Responding To Calif.'s Reading Of Respondeat Superior

    Joshua R. Dale

    One way California employers can mitigate their liability for circumstances in which they are seemingly not controlling their employees, such as during commute or after a holiday party, but for which state public policy will still hold them liable under the doctrine of respondeat superior, is for employers to carry “nonowned” automobile insurance coverage, says Joshua Dale of Michel & Associates PC.

  • UK Modern Slavery Act: Public Shame In The Supply Chain

    Richard Tauwhare

    Businesses are increasingly expected to respect human rights wherever they operate. Though light on government regulation, the U.K. Modern Slavery Act is designed to engineer pressure from consumers, investors and the media, which could ultimately be more effective at driving up standards than the threat of legal enforcement action, says Richard Tauwhare at Dechert LLP.

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • The Minefield Of E-Cigarette Labeling And Promotion

    Eric N. Heyer

    The ruling in the NJOY Inc. Consumer Class Action Litigation and a recently proposed rule by the U.S. Food and Drug Administration indicate that e-cigarette advertising claims that suggest or emphasize specific chemical, physical and toxicological effects may be subject to increased scrutiny, say Eric Heyer and Neelam Gill of Thompson Hine LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Batmobile Copyright: When Functional Element Is A 'Character'

    Karen A. Henry

    The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.

  • To Whom And Where Will The Water Go In California?

    Belynda Reck

    It is a safe bet that California Gov. Jerry Brown will sign A.B. 1390 and S.B. 226 into law. A more efficient groundwater adjudication process is necessary to manage usage, however the question remains whether the expedited process will provide clarity and certainty to water users as the Sustainable Groundwater Management Act is slowly implemented, say Belynda Reck and Gerard Olson of Hunton & Williams LLP.