California

  • September 30, 2016

    Former Tesla Engineer Accuses Company Of Age Discrimination

    A former materials engineer for Tesla Motors Inc. sued the company in California federal court on Friday, alleging that he was unlawfully fired because of his age after a series of unfair criticisms and comments about his age. 

  • September 30, 2016

    VW Inks $1.2B Deal With Dealers In Diesel Emissions Case

    Volkswagen AG has agreed to pay up to $1.2 billion in cash to resolve claims brought by more than 650 franchise dealerships claiming the automaker's diesel emissions scandal hurt the value of their businesses, according to documents filed Friday in California federal court.

  • September 30, 2016

    Time Clocks Improve Patent Trials, Litigators Say

    Litigators should appreciate the time clocks that judges increasingly impose at trial because the restrictions force lawyers to act more like filmmakers or authors and cut material that's not compelling, four leading patent lawyers said Wednesday.

  • September 30, 2016

    Samsung Settles Dell's CRT Antitrust Claims In MDL

    Samsung SDI on Thursday agreed to settle with Dell claims that it violated federal antitrust laws as part of an alleged price-fixing scheme related to cathode ray tubes, in a case rolled into multidistrict litigation in California.

  • September 30, 2016

    Tempur-Sealy Mattress Buyers Class Cert Claims Bounced

    A California federal judge on Friday refused to grant certification to a class of Tempur-Pedic mattress buyers accusing the bedmaker of lying in marketing materials about harmful fumes wafting from the beds that made some customers sick.

  • September 30, 2016

    Tribal Group Says Gambling Money At Risk In Leadership Row

    Members of a faction of the California Valley Miwok Tribe urged a California federal court Thursday to stay a Bureau of Indian Affairs decision that allowed a rival faction to assert control over the tribe, arguing that they could be wrongly deprived of millions in tribal gambling revenues without the stay.

  • September 30, 2016

    'Unicorn' Nutanix's Upsized IPO Raises $238M Atop Range

    Cloud software company Nutanix Inc. raised $237.9 million in an upsized initial public offering that priced above range and soared in debut trading Friday, an explosive performance from a “unicorn” that experts say should encourage similar companies in the IPO pipeline to move forward.

  • September 30, 2016

    FCA, Nissan, Others Escape Risky Keyless Fobs Suit

    A California federal judge on Friday tossed five related consumer fraud class actions against automakers including Ford and Toyota by owners accusing the car manufacturers of installing keyless fob systems without proper safeguards and warnings, finding that the drivers had no leg to stand on.

  • September 30, 2016

    BP Urges 9th Circ. Not To Revive Shareholders' Pipeline Suit

    BP PLC on Friday urged the Ninth Circuit not to revive a class action accusing it of misleading shareholders about a corroding Alaska pipeline that ended up spilling tens of thousands of gallons of crude oil into the ocean, arguing the shareholders don’t have standing.

  • September 30, 2016

    Law School No Proof Of Future Pay In Botched Surgery Case

    A California appeals court on Thursday affirmed a trial court’s rejection of a jury’s $730,000 award for future earnings losses to an aspiring lawyer who underwent botched surgery at Cedars-Sinai Hospital, ruling admittance to Suffolk Law School wasn’t sufficient evidence to assume a future career in law.

  • September 30, 2016

    Harvard Law Grad Pleads Guilty To Odd Kidnapping Plot

    A disbarred former San Francisco immigration attorney and Harvard Law graduate pled guilty in California federal court to kidnapping a woman and pretending to be a group of elite kidnappers in a failed ransom-seeking scheme, the U.S. Department of Justice announced Thursday.

  • September 30, 2016

    Sedgwick Says Partner Must Arbitrate Discrimination Claim

    Sedgwick LLP bolstered its contention that a partner’s proposed class action alleging gender discrimination belongs in arbitration, telling a California federal court in a heavily redacted filing this week that the “tough litigator” couldn’t now claim she was forced to sign the arbitration agreement.

  • September 30, 2016

    Miracle-Gro CEO Faces Leaner Tainted Bird Seed Suit

    A California federal court Thursday trimmed some warranty breach and state-based claims from a proposed class action against Scotts Miracle-Gro Co.'s CEO for his alleged role in selling pesticide-laced bird seed, letting some claims stand and rejecting his argument that the court lacked personal jurisdiction.

  • September 30, 2016

    Dickstein Shapiro Malpractice Judgment Suit Sent To State

    A California federal judge on Thursday agreed to remove to state court a lawsuit filed against the insurers of Dickstein Shapiro LLP regarding a $64 million malpractice judgment against a former partner, saying the insurance policies don’t contain arbitration clauses establishing federal jurisdiction.

  • September 30, 2016

    LA Teams Up With DHS To Fight Human Trafficking

    The U.S. Department of Homeland Security has partnered with the Los Angeles Police Department, fire department and other public safety groups to combat human trafficking through employee training programs and public awareness campaigns.

  • September 30, 2016

    Feds, Tribes Say 9th Circ. Needn't Rethink Culvert Ruling

    The federal government and several tribes pressed the Ninth Circuit on Thursday to stay firm on its decision holding that the state of Washington must replace roughly 1,000 culverts to protect tribal salmon fishing rights, saying the ruling is in line with precedent and needn’t be reviewed.

  • September 30, 2016

    Rainmaker Q&A: Littler Mendelson's Robert Millman

    You have to be "professionally relentless" about developing clients. You will not be successful if you work on client development "once in a while." It must be a regular part of what you do, says Robert Millman, shareholder at Littler Mendelson PC.

  • September 30, 2016

    Lyft Nears Win In Driver Privacy Suit As Judge Cites Spokeo

    A California federal magistrate said he’ll probably toss a putative class action alleging ride-sharing service Lyft didn’t provide statutorily mandated disclosures when it got job applicants’ permission to access their credit scores, saying at a hearing Friday he wasn’t convinced the alleged privacy violation met “concrete and particularized” injury requirements of the Supreme Court’s Spokeo decision.

  • September 30, 2016

    Brooks Kushman Adds IP Pro From Fulwider Patton

    Brooks Kushman has added an intellectual property litigator previously with Fulwider Patton LLP as a shareholder in its Los Angeles office, the firm has announced.

  • September 30, 2016

    Dole's 'All Natural' Labeling May Be Misleading, 9th Circ. Says

    The Ninth Circuit on Friday reversed in part a lower court’s ruling that "all natural fruit” labeling on Dole Foods Co. Inc. isn’t likely to deceive consumers, reviving a proposed class action in a setback for food makers facing a rising stream of “natural” label claims.

Expert Analysis

  • In The Hot Seat: Wells Fargo Shows 3 Deadly Sins Of SOX

    R. Scott Oswald

    Had Wells Fargo followed best practices under the Sarbanes-Oxley Act, CEO John Stumpf could have been spared his ongoing shaming by Sen. Elizabeth Warren, his further grilling before the Financial Services Committee of the U.S. House of Representatives — and possibly the end of his own career, says R. Scott Oswald of The Employment Law Group PC.

  • Puttin' On The Writs: 10 Tips For Petitioning For Calif. Appeal

    Robert J. Stumpf Jr.

    You want to challenge a California superior court ruling, but you have no right to an appeal. Your alternative is to seek a writ. But writ review is usually discretionary. So you must convince the court of appeal there’s a really good reason to hear your case — now. Here are a few things to keep in mind, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Wrongful Death Case Against Jim Carrey Will Be Uphill Battle

    Robert Ryan

    Legally establishing liability by a third party for the intentional act of another is one of the highest burdens for a plaintiff in a civil lawsuit. The allegation that actor Jim Carrey furnished the drugs his on-again, off-again girlfriend used to kill herself, as the basis for a wrongful death claim, faces daunting legal and factual hurdles, says Robert Ryan, head of Kuzyk Law LLP's litigation department.

  • A Potential Secret Sauce For Mooting Class Claims

    Rick L. Shackelford

    Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

  • Talking 'Bull': Episode 2, The Woman In 8D

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • When CFPB Finds Deception Regardless Of A Lender’s Intent

    Leonard N. Chanin

    There is a tendency to think of consumer fraud and misrepresentation as intentional acts that deceive consumers into engaging in transactions that they would not otherwise engage in. However, a California federal court's recent decision in Consumer Financial Protection Bureau v. CashCall demonstrates that the CFPB takes a much different view, say Leonard Chanin and Oliver Ireland of Morrison & Foerster LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.