California

  • November 21, 2014

    Private Copyright Cop Sued For Bogus DMCA Subpoenas

    Copyright enforcement group Rightscorp Inc. was hit with a class action Friday accusing it of violating consumer protection laws and issuing objectively baseless Digital Millennium Copyright Act subpoenas to online downloaders.

  • November 21, 2014

    Calif. Court Takes On Jurisdiction Dispute In Plavix Suit

    The California Supreme Court agreed on Wednesday to decide whether state courts have jurisdiction over out-of-state plaintiffs’ claims that Bristol-Myers Squibb Co. falsely advertised its blood thinner Plavix after the U.S. Supreme Court’s landmark Daimler v. Bauman decision.

  • November 21, 2014

    Suspended Atty Asks Justices To Look At Discipline In Calif.

    A California lawyer told the U.S. Supreme Court that her state’s high court has been ignoring its duty to review attorney appeals of state bar disciplinary proceedings for the past 14 years in violation of the U.S. Constitution, according to her petition for writ of certiorari.

  • November 21, 2014

    NuScience Atty Tests Judge's Patience At IP Sanctions Hearing

    A California federal judge Friday upbraided an attorney representing supplement maker NuScience Corp. in its trade secrets brawl with Iowa brothers who brewed a rival supplement, lambasting him for repeating information, in a hearing over the company’s bid to sanction the brothers for leaking secrets.

  • November 21, 2014

    Costco Removes $162M OT Class Action To Federal Court

    Costco Wholesale Corp. on Thursday removed to federal court a putative class action on behalf of some 28,000 California employees who allege wage theft and unpaid overtime wages, among other labor violations, saying the suit could cost the warehouse retailer more than $162 million.

  • November 21, 2014

    Calif. City Defends Expert In High Court Water Pollution Case

    The city of Pomona, California, has asked the U.S. Supreme Court to reject SQM North America Corp.’s petition to review the Ninth Circuit’s reinstatement of expert testimony in the city’s suit blaming the chemical manufacturer for perchlorate contamination in the public water system.

  • November 21, 2014

    Walgreen Says Unwanted Refill FCA Suit Lacks Evidence

    Walgreen Co. on Thursday urged a California federal court to toss a whistleblower’s suit accusing it of wrongly charging Medicare and Medicaid for unwanted prescription refills, saying he had not provided any evidence to back his allegations.

  • November 21, 2014

    Market Rumors: Richemont, Jasper Technologies, BNP Paribas

    Luxury goods group Richemont may float its online retailer, while California-based software company Jasper Technologies is working with bankers on a roughly $150 million IPO.

  • November 21, 2014

    Judge Won't Revive TCPA Suit Against Crunch Gym

    A California federal judge on Thursday promptly shot down a request to reconsider her decision granting gym chain Crunch San Diego LLC a pretrial win in a proposed class action accusing it of violating the Telephone Consumer Protection Act by spamming its members’ cellphones with promotional text messages.

  • November 21, 2014

    Antitrust Professors Back NCAA Appeal Of Athlete Pay Ruling

    Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.

  • November 21, 2014

    Supplement Co. Nutronics Can't Dodge False-Ad Class Action

    A California federal judge on Thursday refused to toss a proposed class action accusing Nutronics Labs Inc. of falsely extolling the myriad health benefits of its deer antler velvet supplements even though studies show they are only effective when injected, saying the claims weren’t time-barred or inadequately pled.

  • November 21, 2014

    Latham Launches 2nd LA Office With O'Melveny Media Quintet

    Latham & Watkins LLP has hired a quintet of expert entertainment, sports and media partners from O’Melveny & Myers LLP to launch a new office in Century City, the firm’s second in Los Angeles, it announced Thursday.

  • November 21, 2014

    SEC Grows Global Whistleblower Empire As Bounties Boom

    The sun never sets on the U.S. Securities and Exchange Commission’s whistleblower program. But judging from fresh data about tips the agency receives from around the world, if you are an SEC whistleblower seeking a potential payday, chances are you’re from the Golden State.

  • November 21, 2014

    REIT Pebblebrook Hotel Trust Pays $79M For West LA Hotel

    Pebblebrook Hotel Trust has purchased a 264-room hotel in West Los Angeles for $78.7 million, the Maryland-based hospitality real estate investment trust said on Thursday.

  • November 21, 2014

    Enviros Sue Gov't Over Review Of Cooling Water Rule

    Environmental groups on Thursday sued the U.S. government in California federal court over a recently finalized rule governing systems used at industrial facilities to cool machinery by taking in water from surrounding water bodies, saying the rule effectively grandfathers a practice known to harm endangered marine animals.

  • November 21, 2014

    Calif. Appeals Court Clears Way For Kings' $477M NBA Arena

    A California appeals court on Thursday ruled against environmental activists fighting to delay the construction of a $477 million sports arena planned for downtown Sacramento, California, saying that the activists failed to prove the arena's erection violates state law.

  • November 21, 2014

    AutoZone Says Attys Schmoozed With Jury For $185M Verdict

    Legal counsel for a former AutoZone Stores Inc. manager consorted with a member of a California jury before it awarded the client an unprecedented $185 million punitive damages award and then invited the entire jury out for drinks afterward, AutoZone said in a bid for mistrial Thursday.

  • November 20, 2014

    Prime Healthcare Can't Slip $50M Medicare Billing FCA Suit

    A California federal judge on Thursday rebuffed Prime Healthcare Services Inc.’s bid to dismiss a False Claims Act suit alleging the hospital group overcharged Medicare and Medicaid over $50 million by falsifying admissions information, accepting a government statement that the allegations weren’t public before the suit was filed.

  • November 20, 2014

    Wash. Fights In 9th Circ. To Revive Contraceptive Sale Rule

    Washington state officials Thursday urged the Ninth Circuit to overturn a lower court ruling that repealed regulations requiring pharmacists to carry emergency contraceptives like Plan B, saying the rule improves access to time-sensitive medicine and that there is no evidence the state has discriminated on the basis of religion.

  • November 20, 2014

    Topa Beats E&O Coverage Suit Over RE Fight In Calif. Court

    A California appeals court Wednesday upheld a lower court ruling dismissing 1st American Warehouse Mortgage Inc.'s bad faith suit over Topa Insurance Co.'s refusal to defend it in a lawsuit stemming from a soured real estate joint venture, saying 1st American's claim isn't covered under its errors and omissions policy.

Expert Analysis

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • What You Should Know About Using Drones In California

    If you are a drone manufacturer, operator or enthusiast in California, you will want to know what’s going on in your city because, in the absence of federal and state law, city governments have taken notice of drone use and are starting to take action. 2015 will be an interesting year for drone law, says Steven Miller of Hanson Bridgett LLP.

  • Do Lawyers Enjoy Immunity In Drafting Orders For Judges?

    Matthew J. O’Hara

    Not only does the Ninth Circuit decision in Burton v. Infinity Capital Management create a circuit split, but it also exposes lawyers who act at the direction of judges to potential liability — and thereby has the potential of undermining what is ordinarily an orderly process to assist in the administration of the judicial system, says Matthew O’Hara, co-leader of Hinshaw & Culbertson LLP's lawyers professional liability practice group.

  • 9th Circ. Limits Twombly, Iqbal Pleading Standards

    Steven Wilamowsky

    In addition to establishing limits on the equitable mootness doctrine in bankruptcy, the Ninth Circuit’s Mortgages Ltd. decision last week confirms that the tightened federal pleading standards ushered in by Twombly and Iqbal do not give courts license to summarily disregard a party’s factual allegations at the pleading stage simply because they choose not to believe those allegations, say Steven Wilamowsky and Alix Brozman of Bing... (continued)

  • Insurance Rules Of The Road For Ride-Sharing Companies

    Kara L. DiBiasio

    As more states set regulations for ride-sharing companies, such as Lyft Inc. and Uber Inc., insurance companies should be prepared to offer policies that conform to the various requirements and specify which policies cover company drivers at different stages, says Kara DiBiasio of Sedgwick LLP.

  • Why Can’t We Be (Facebook) Friends? You Be The Judge

    Peter J. Gallagher

    Some jurisdictions prohibit judges from being social media “friends” with any lawyer who appears regularly before them, while others do not prohibit the practice unless the “friendship” also implicates one of the canons of the Code of Judicial Conduct. The latter seems to be the better approach, says Peter Gallagher of Porzio Bromberg & Newman PC.

  • Blocking CAFA Remand: Lessons From A Prevailing Defendant

    Robyn C. Quattrone

    The removal and remand saga in Doyle v. OneWest Bank FSB, a class action originally filed in California Superior Court where the named plaintiffs purported to represent a nationwide class allegedly harmed by lender-placed insurance, is but one example of the larger issues inherent in the ongoing interpretation of the Class Action Fairness Act, say attorneys with BuckleySandler LLP.

  • 3rd-Party Liability Standards Stretched Under TCPA

    Lewis Wiener

    Recent decisions from the Eleventh and Ninth circuits illustrate not only the potential breadth of third-party liability under the Telephone Consumer Protection Act, but also the differing standards for third-party liability that may be applied depending on the type of communication at issue, say Lewis Wiener and Wilson Barmeyer of Sutherland Asbill & Brennan LLP.

  • Federal Preemption May Be The Key For Calif. Railroads

    Donald E. Sobelman

    Friends of the Eel River v. North Coast Railroad Authority suggests that lawsuits claiming California railroads have not complied with state environmental review statutes as they expand operations to meet the growing demand for frac sands may face a significant hurdle — federal preemption, say Donald Sobelman and Nicole Martin of Barg Coffin Lewis & Trapp LLP.

  • A New Playing Field For Distressed Municipalities

    Benjamin D. Feder

    The perception that public employee pension obligations cannot be impaired in bankruptcy suffered a damaging blow nearly a year ago in the Detroit bankruptcy case, and has now been fatally wounded by a ruling in the Chapter 9 case of Stockton, California. While public employee pensions are no longer sacrosanct, impairment will require a lengthy, expensive and determined effort, says Benjamin Feder of Kelley Drye & Warren LLP.