California

  • October 1, 2014

    Fujitsu Unit Wins $2.5M In Software License Dispute

    A Los Angeles jury on Tuesday awarded Fujitsu Ltd. subsidiary Glovia International Inc. about $2.5 million in damages over Actuant Corp. unit Maxima Technologies & Systems LLC’s unauthorized use of Glovia software, finding Maxima continued to use it after Glovia had terminated a licensing agreement.

  • October 1, 2014

    Stockton Ch. 9 Judge Rules Cities Can Cut Pensions

    The judge presiding over Stockton, California’s bankruptcy said Wednesday that the city can cut its pension obligations to the California Public Employees' Retirement System, a monumental decision that could reshape municipal insolvencies in the state.

  • October 1, 2014

    Apple Trounces Wi-LAN Patent Claims Ahead Of Nov. Trial

    A California federal judge ruled Wednesday that Apple Inc.'s iPhones and iPads don’t infringe two wireless-communication technology patents owned by Wi-LAN Inc., eviscerating the patent-assertion entity’s claims against Apple just weeks before a planned Nov. 17 trial.

  • October 1, 2014

    LegalZoom Wins OK For Doc Review Deal After Calif. Appeal

    A California appeals court on Wednesday approved LegalZoom Inc.’s multimillion-dollar settlement of a class action alleging the company misrepresented that lawyers reviewed its documents to 1.4 million consumers, ruling the settlement was fair.

  • October 1, 2014

    Korean Ramen Cos. Say Price Cartel Didn't Affect US Sales

    Four South Korean companies urged a California federal judge on Wednesday to throw out a proposed class action accusing them of fixing prices on instant ramen noodle products sold in the U.S., arguing that the plaintiffs haven't provided evidence that the South Korean conspiracy affected U.S. commerce.

  • October 1, 2014

    Facebook Says Harvesting Links From User Messages Is Legal

    Facebook Inc. urged a California federal judge on Wednesday to toss a proposed class action accusing the social media titan of violating the Wiretap Act by monetizing website links intercepted from users' private messages, arguing that the practice is legal because it’s part of Facebook's ordinary course of business.

  • October 1, 2014

    RE Rumor Mill: US Sugar, Ashkenazy, Cornerstone

    U.S. Sugar has bought more than 9,000 acres in Florida for $128.5 million, while Ashkenazy Acquisition and a German venture partner are said to have paid $170 million for Manhattan retail space and Cornerstone has spent $190 million on a Downtown Los Angeles office tower.

  • October 1, 2014

    BMS, Sanofi Lose Remand Challenge In Plavix MDL

    A New Jersey federal judge on Wednesday remanded 57 cases claiming injuries over the blood thinner Plavix despite arguments from Bristol-Meyers Squibb Co. and Sanofi-Aventis U.S. LLC that the suits fraudulently included drug distributor McKesson Corp. and unrelated plaintiffs to dodge federal jurisdiction.

  • October 1, 2014

    Calif. Gov Signs Privacy Bill To Block Drone Snooping

    California Gov. Jerry Brown on Tuesday signed a bill to expand the state’s privacy protections for residents by making it illegal to use “any device” — including drones — to record personal or familial activities on an individual’s property.

  • October 1, 2014

    Carlton Fields Soups Up West Coast Post With 4 Litigators

    Carlton Fields Jorden Burt LLP said Wednesday it has expanded its California office with a team of class action-oriented business litigators from Ervin Cohen & Jessup LLP with experience in intellectual property, product liability and securities law.

  • October 1, 2014

    AbbVie Can't Keep AndroGel Death Suit Out Of State Court

    A California federal judge on Monday remanded a wrongful death suit against AbbVie Inc. over its AndroGel testosterone drug to state court, rejecting the pharmaceutical firm's bid to stay the suit while waiting for it to be transferred to the multidistrict litigation in Illinois over alleged injuries from testosterone treatments.

  • October 1, 2014

    Congresswoman Demands Military End Burger King Contracts

    California Democrat Jackie Speier on Wednesday called on the U.S. Department of Defense to cancel its contracts with Burger King over the company's plans to move its company headquarters to Canada following a merger with Tim Horton's.

  • October 1, 2014

    Hellman & Friedman Raises $10B For Latest PE Fund

    San Francisco-based private equity firm Hellman & Friedman LLC said in a regulatory filing Monday that it raised just shy of $10 billion for its latest fund, which reportedly is the largest in the firm’s history.

  • October 1, 2014

    Deals Rumor Mill: Burton's, Relational Investors, Avolon

    Burton's Biscuit Co. is among the final bidders for U.K. snack maker United Biscuits Ltd., while Relational Investors LLC plans to start a new fund that will be mainly run by the firm's younger executives.

  • October 1, 2014

    Paul Hastings Can't Undo DQ In Toshiba Secrets Row

    A California appeals court on Tuesday refused to undo an order blocking Paul Hastings LLP from representing a Korean semiconductor company in trade secrets litigation brought by Toshiba Corp. and SanDisk Inc., after a judge found the firm was conflicted out of the case.

  • October 1, 2014

    Circuit City Wins Reconsideration Of LCD Damages

    A California federal judge on Tuesday gave a Circuit City trustee a second chance to argue why the company should be awarded damages against an American subsidiary of Hitachi Ltd. in an ongoing liquid crystal display price-fixing multidistrict litigation.

  • October 1, 2014

    Shopping App Can't DQ Plaintiff Attys Or Escape TCPA Suit

    A California federal judge on Wednesday refused to dismiss a putative class action and disqualify the plaintiffs’ counsel firm Newman Du Wors LLP in a Telephone Consumer Protection Act suit alleging shopping app Shopkick Inc. improperly sent users’ contacts promotional texts about the app, finding it is too early in the litigation to disqualify class counsel.

  • October 1, 2014

    LA Catholic Diocese Hit With $250M Contract Suit Over Leases

    The Roman Catholic Archdiocese of Los Angeles has been hit with a $250 million breach of contract lawsuit in California state court by a funeral home company that said the archdiocese illegally terminated six ground leases that permitted the plaintiff to operate its funeral services.

  • October 1, 2014

    DOJ Antitrust Worries Scuttle Wood Maker's Mill Purchase

    Wood product producer Flakeboard America Ltd. has scrapped its plans to acquire three wood manufacturing mills from SierraPine Ltd. amid concerns expressed by the U.S. Department of Justice that the transaction would have anti-competitive effects for consumers.

  • October 1, 2014

    Objectors To HP Inkjet Settlement Lose Bid To DQ Cotchett

    A California federal judge refused Tuesday to disqualify class counsel Cotchett Pitre & McCarthy LLP or decertify the class in a suit accusing Hewlett-Packard Co. of deceptively marketing printer ink, rejecting settlement objectors' claims that HP failed to disclose a conflict of interest with Cotchett.

Expert Analysis

  • A Step Toward Expediting California Clean Energy Permits

    Jennifer K. Roy

    If approved, the Desert Renewable Energy Conservation Plan should help streamline permitting for renewable energy generation projects and transmission projects in the Colorado and Mojave desert areas of California, but it would not be a panacea, say attorneys with Latham & Watkins LLP.

  • Snub-Hub: Courts Apply More Scrutiny To Class Settlements

    David Reidy

    Several rulings suggest that courts are applying increased scrutiny to class settlements and to the parties’ representations that the settlement is the result of good faith negotiation and is fair and adequate for class members. A California judge's recent rejection of a $2 million class settlement in Saunders v. StubHub Inc. is just the latest example, say attorneys with Reed Smith LLP.

  • Delving Deeper Into Duran

    Brian Kriegler

    The California Supreme Court's ruling in Duran v. U.S. Bank National Association is a potential game-changer for wage and hour class actions by suggesting that certification is the stage at which trial courts should address whether a class action is appropriate and whether the parties’ proposed use of statistical methods will offer informative results to a trier of fact, says Brian Kriegler of Econ One Research Inc.

  • 9th Circ. El Dorado Ruling Confirms Broad FHA Application

    Gail Kavanagh

    The recent Ninth Circuit ruling in El Dorado Estates v. City of Fillmore — where it was alleged that the city’s environmental law compliance requirements were designed to prevent El Dorado from making housing available to families — confirms that courts will apply anti-discrimination statutes such as the Fair Housing Act even when no party has suffered direct unlawful discrimination, says Gail Kavanagh of Sedgwick LLP.

  • Plaintiffs May Exploit CDA Exception Created By 9th Circ.

    Robert Rogers

    In reversing the dismissal of a negligent failure-to-warn action, the Ninth Circuit appears to have carved out an exception to the immunity afforded to website operators under the Communications Decency Act. Plaintiffs probably will be tempted to try to shift liability to website operators for injuries caused by others who use their websites, says Robert Rogers of Holland & Knight LLP.

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • New Calif. Rooftop Regime Seeks To Streamline Solar

    Brian J. Nese

    With a pending reduction in federal tax credits and a warning from the Legaue of California Cities that its members cannot implement reforms, the solar panel industry should pay close attention to California's new rooftop permitting regime — it remains to be seen whether anticipated "soft cost" savings will be realized, say Brian Nese and Michael Wang of Stoel Rives LLP.

  • Undoing MICRA

    Mitchell J. Olejko

    It has been over 35 years since California became a leader in health care reform, addressing the malpractice insurance crisis in a measured way. The battle over Initiative 1606 will likely attract significant controversy and funding, and will be the subject of ongoing campaigns that will flood our mailboxes and dominate the media this fall, says Mitchell Olejko of Buchalter Nemer PC.

  • How 9th Circ. B&N Case May Impact Website Terms Of Use

    Perry

    As the Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc. demonstrates, for online service providers seeking to minimize the risk that the provisions in their terms of use will be declared unenforceable, the click-through agreement is a much safer bet than the browsewrap agreement, say attorneys with Latham & Watkins LLP.

  • 'Bluffed' Out Of A Coastal Permit Challenge

    Joshua D. Weiss

    A California court’s ruling in Barbara Lynch et al. v. California Coastal Commission emphasizes that there is no such thing as “under protest” acceptance of a coastal development permit, at least when the permit is issued by a nonlocal agency, says Joshua Weiss of Sheppard Mullin Richter & Hampton LLP.