• May 28, 2015

    Calif. High Court Says Workers' Comp Causal Hurdle Is Lower

    The California Supreme Court on Thursday revived workers' compensation death benefits awarded to relatives of an injured worker who died of an accidental prescription drug overdose, saying an appellate court applied too high a standard in finding the causal link between the injury and the overdose was too weak.

  • May 28, 2015

    Tribal Officials Not Immune In Casino Firing Row, Court Says

    A California appeals court on Thursday ruled in favor of a former Pechanga Resort and Casino table games dealer fired in retaliation for acting as an informant in a criminal investigation, reversing a trial court ruling dismissing his complaint due to sovereign immunity.

  • May 28, 2015

    9th Circ. Judge Slams 'Cruelty' Of US Immigration Law

    Ninth Circuit Judge Harry Pregerson denounced the “cruelty and harshness” of U.S. immigration law on Wednesday in an impassioned dissent to an appeals decision against a man who has been deported to Mexico, saying the case is a prime example of the suffering forced upon family members.

  • May 28, 2015

    US Orders Pipeline Co. To Keep Cleaning Up California Spill

    The U.S. Environmental Protection Agency and the U.S. Coast Guard on Wednesday issued a joint Clean Water Act order requiring Plains All American Pipeline LP to continue cleanup efforts for last week's oil spill west of Santa Barbara, California.

  • May 28, 2015

    K&L Gates Rebuts Oil Co. Investors' Malpractice Claims

    K&L Gates LLP urged a California federal judge on Thursday to toss a putative class of petroleum company investors' malpractice suit over the firm’s role in the company's bankruptcy case, arguing the bankruptcy court knew about the firm's alleged conflict of interest and found that it wasn't a problem.

  • May 28, 2015

    Zynga Says Don't Stall On Blank Rome, Segan Patent Sanction

    Zynga Inc. on Wednesday urged a California federal judge to not let Segan LLC and its counsel, Blank Rome LLP, delay a ruling on sanctions over a “frivolous” patent suit accusing Zynga of ripping off website-interacting characters, arguing the case has already gone on too long.

  • May 28, 2015

    Allergan Shakes Shareholders' Off-Label Botox Case

    A California federal judge Wednesday tossed a derivative shareholder suit accusing Allergan Inc.’s board members of improperly marketing the cosmetic drug Botox for off-label uses after a voluntary dismissal by the plaintiffs, who the pharmaceutical giant argued no longer had standing following an acquisition by Actavis PLC.

  • May 28, 2015

    9th Circ. Won't Revive Pebble Mine's EPA Challenge

    The Ninth Circuit on Thursday upheld the dismissal of a suit accusing the U.S. Environmental Protection Agency of stonewalling the controversial Pebble Mine in Alaska, agreeing with a lower court that the suit was premature.

  • May 28, 2015

    Provident Pays $9M To Settle Discriminatory Lending Suit

    Provident Financial Associates LP, the nation’s second-largest private mortgage company, agreed on Thursday to pay $9 million to end a lawsuit brought by the federal government accusing the lender of charging excessive broker fees to black and Hispanic borrowers.

  • May 28, 2015

    King & Spalding Will Pay $4.62M To Settle Condo Deal Fight

    King & Spalding LLP has agreed to pay $4.62 million to settle a putative class action accusing the firm and others of violating consumer protection law by botching the settlement of a condominium contract suit, according to a Wednesday filing in California federal court.

  • May 28, 2015

    Hartford Urges Calif. Justices To Let It Sue Squire Patton

    Hartford Casualty Insurance Co. told the California Supreme Court Thursday that it should be able to sue Squire Patton Boggs LLP directly to recover some of the $15 million it paid the firm to independently defend a policyholder, asserting that legal precedent and common law permit such an action.

  • May 28, 2015

    Harley-Davidson Rides Again In California Tax Dispute

    A California appeals court on Thursday overturned a demurrer of a challenge by Harley-Davidson Inc. to a state provision specifying how interstate taxpayers must calculate taxes owed, saying the trial court must decide if the provision violates the U.S. Constitution's Commerce Clause.

  • May 28, 2015

    Musicians Urge Class Cert. In Suit Against Talent Agency Site

    A musician who signed up for membership with Taxi, a website that promises to help its users get record deals, urged a California judge on Thursday to certify a class of 11,000 site members he says were duped into shelling out $300 to the company when it wasn’t properly licensed.

  • May 28, 2015

    Ex-Calif. Sen. Says Leaked Affidavit Warrants Axing Indictment

    A former California state senator battling corruption charges is pointing his finger at the U.S. Justice Department, arguing that his criminal case should be thrown out because prosecutors leaked confidential information about the accusations against him to news outlet Al Jazeera America.

  • May 28, 2015

    Real Estate Rumor Mill: Moinian, BBVA, Lewis Brisbois

    The Moinian Group reportedly closed a record $360 million Tel Aviv bond issuance for a New York property portfolio, BBVA is buzzed to be shopping hotel and office portfolios, and Lewis Brisbois is said to have inked a $115 million lease in Los Angeles.

  • May 28, 2015

    Calif. Software Co. Beats Atty’s Suit Over $175M Stake

    A California federal judge on Wednesday tossed a suit brought by a Michigan attorney accusing a privately held software developer of denying his right to a $175 million stake, ruling the attorney didn’t act in the company’s best interests and the agreements he drafted were “plainly unfair.”

  • May 28, 2015

    9th Circ. Says ERISA Appeal Period Can't End On Weekend

    The Ninth Circuit on Thursday revived a former Federal Express Corp. worker’s Employee Retirement Income Security Act suit seeking long-term benefits, setting precedent that appeals sent on a Monday are still timely when the 180-day pre-suit administrative appeals period ends on a weekend.

  • May 28, 2015

    9th Circ. Asked To Mull Locke Lord Exit From Benefit Plan Suit

    Named plaintiffs in a proposed class action accusing Locke Lord LLP of authoring an allegedly misleading and inaccurate opinion letter on the legality and tax implications of a welfare benefit plan asked the Ninth Circuit on Wednesday to review a California judge's decision allowing the firm to exit the suit.

  • May 28, 2015

    Workers Win Cert. In Suit Over SEIU Political Expenses

    A California federal judge has granted class certification to a group of nonunion California civil servants challenging the Service Employees International Union's practice of deducting money for political activities from employees' wages unless they annually opt out.

  • May 28, 2015

    Tribal Graves Illegally Dug Up For $360M Casino, Suit Says

    Two former leaders of a half-blood Native American community filed suit in California federal court on Wednesday targeting community officials and three companies over the alleged disinterment and dumping of their families’ remains to build a proposed $360 million casino near San Diego.

Expert Analysis

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • Fracking 2.0: The Rise Of American Shale Refracking

    Gabriel B. Collins

    New data strongly suggests energy companies will likely accelerate the refracturing of previously hydraulically fractured wellbores in unconventional shale gas plays across the U.S. The trend from industry analysis points to a much more positive outlook for refracking's growth potential than the present market consensus would suggest, says Gabriel Collins of Baker & Hostetler LLP.

  • San Bernardino Ch. 9 Plan Looks Like An Opportunity Missed

    Karol K. Denniston

    Instead of restructuring its largest liability, San Bernardino has created a situation where the California city’s financial future remains very much in question. It is not enough to virtually eliminate financial obligations to bondholders, contract out services and exit with backbreaking pension obligations, says Karol Denniston of Squire Patton Boggs LLP.

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • Could This Case Change The Cyberinsurance Landscape?

    Daniel S. Marvin

    With the emergence of stand-alone cyberinsurance policies, there was little doubt that courts would ultimately be called upon to weigh in on their scope of coverage. Now, that time may have finally come in an apparent case of first impression in Columbia Casualty Co. v. Cottage Health System, say Daniel Marvin and Robert Stern of Stern & Montana LLP.

  • 4 Lessons From The Robin Williams Estate Litigation

    Jeffrey K. Eisen

    It did not take long for litigation to be filed over Robin Williams' estate, or more specifically, his living trust. Published reports reveal a number of interesting issues, some of which are unique to “celebrity” estates, but most of which apply to all estate planning, says Jeffrey Eisen of Mitchell Silberberg & Knupp LLP.

  • Power Continues To Flow Toward Calif. Plaintiffs Via PAGA

    Joshua R. Dale

    Since its enactment in 2004, California's Private Attorney General Act is clearly gaining strength as a tool for plaintiffs' employment attorneys, as evidenced by the recent suit against 99 Cents Only Stores over "suitable seating." In light of this trend, employers should aggressively preempt potential bases for claims against them over nonmonetary violations of the state labor code, says Joshua Dale of Michel & Associates PC.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • Making The Right Call On 'On-Call' Shifts

    Lindsay A. Ayers

    As labor costs have risen in recent years, on-call shifts have grown in popularity, particularly in the food and retail industries, because they allow employers to avoid paying for excess labor during slow periods. However, employers may soon see these efficiencies evaporate in light of the evolving legal landscape relating to shift scheduling, say Lindsay Ayers and David Szwarcsztejn of Carothers DiSante & Freudenberger LLP.

  • Proposition 218 Obstacles To Calif. Tiered Water Rates

    Sue Meyer

    Capistrano Taxpayers Association Inc. v. City of San Juan Capistrano teaches us that, under California's Proposition 218, the burden of proof is on an agency to demonstrate that revenues derived from a water service fee or charge not exceed the funds required to provide the service and that the fee or charge imposed on a parcel not exceed the proportional cost of the service attributable to the parcel, says Sue Meyer of Nossaman LLP.