• October 2, 2015

    Defense Calls For Discovery Sanctions In Cochran Firm IP Tiff

    A former partner of the late Johnnie Cochran asked a California federal judge Friday to sanction the director of the Cochran Firm PC for refusing to hand over discovery materials about a back-office facility in Alabama at issue in a trademark fight over the use of the Cochran name.

  • October 2, 2015

    Conflict With Ariz. ID Theft Law 'Hypothetical,' 9th Circ. Told

    Sheriff Joe Arpaio, Maricopa County and the state of Arizona urged the Ninth Circuit on Thursday to reverse an order blocking enforcement of two state law provisions criminalizing identity theft in a proposed racial profiling class action against them, saying there was no conflict with federal law.

  • October 2, 2015

    Minor Leaguers Likely To Get Conditional Cert. In Wage Suit

    A California federal magistrate judge said Friday that he's likely to conditionally certify a collective action of minor league baseball players who say Major League Baseball deprived them of minimum and overtime wages, saying he thinks they have enough common issues to go forward collectively.

  • October 2, 2015

    Del Monte Label Plaintiffs Taking Cert. Denial To 9th Circ.

    A group of customers suing Del Monte Corp. over labels they say misled them into thinking that canned tomato products contained antioxidants and that canned fruit was fresh told a California federal judge Friday they plan to appeal her denial of class certification to the Ninth Circuit.

  • October 2, 2015

    9th Circ. Won't Sanction Gov't Atty Over Article Mention

    The Ninth Circuit on Friday refused to sanction a government attorney for making an argument allegedly based on information in a news article and not on evidence presented to the court during arguments in an immigration class action, saying the lawyer wasn’t trying to use the article to mislead the court.

  • October 2, 2015

    DOI Ruling Backing Calif. Tribal Disenrollment Will Stand

    A California federal court has tossed a bid by members of the San Pasqual Band of Diegueño Mission Indians to challenge a U.S. Department of the Interior decision supporting their disenrollment, ruling that the department had made a reasonable decision and the court couldn't substitute its own judgment.

  • October 2, 2015

    Houzz Settles With Calif. AG Over Secret Call Recordings

    Home design website Houzz Inc. on Friday agreed to pay $175,000 to end a California Attorney General's privacy suit alleging that the company secretly recorded incoming and outgoing phone calls without notifying the other parties, violating California laws against eavesdropping and wiretapping.

  • October 2, 2015

    Comcast Says Call Quality Suit Part Of Traffic-Pumping Ploy

    Comcast urged a California federal court Thursday to throw out a case claiming interference with call quality on conference calls, arguing that unnamed companies are the real culprit for the wrongdoing and that the case is part of a traffic-pumping scheme.

  • October 2, 2015

    USDA Must Face Enviros' Suit Over Organic Rule, Court Says

    A California federal judge has refused a bid by the U.S. Department of Agriculture to toss a suit by environmental groups who say the agency shifted fertilizer requirements for organic food growers without notifying the public as required.

  • October 2, 2015

    Capacitor Cos. Want Foreign Sales Price-Fixing Claims Nixed

    Capacitor manufacturers accused in multidistrict litigation of participating in a price-fixing scheme told a California federal court Thursday to toss various purchasers’ claims related to certain overseas sales, saying the Foreign Trade Antitrust Improvements Act bars them.

  • October 2, 2015

    Objector Says Attys Asking Too Much In $20M Ocwen Deal

    The plaintiffs attorneys for a proposed class of home loan borrowers asked for too much in fees as part of a $20 million settlement in a California federal lawsuit against Ocwen Financial Corp. over its alleged failure to report mortgage interest to the IRS, according to an objection filed Friday.

  • October 2, 2015

    Bankruptcy Atty Calls Square's 'Bad List' Discriminatory

    A bankruptcy attorney launched a putative class action in California federal court Thursday against financial service and mobile payment company Square Inc. for allegedly discriminating against bankruptcy attorneys and other business on its so-called Bad List of prohibited users. 

  • October 2, 2015

    Burlington Says 'Compare' Price Suit Asserts No Facts

    Burlington Coat Factory has asked a California federal court to dismiss a proposed class action over claims that the retailer dupes customers with false comparative product prices on tags, arguing plaintiffs have failed to specify their claims and how the comparisons are actually false.

  • October 2, 2015

    InCom Says Disney Knew It Violated MagicBand Patent

    InCom Corp. on Thursday urged a California federal judge to deny The Walt Disney Co's motion to toss a suit alleging Disney has been illegally using InCom's attendance tracking system patents to monitor attendance and purchase history in parks with its MagicBand system, claiming Disney knew it was infringing the patents.

  • October 2, 2015

    Knicks Lose Calif. Appeal To Dodge Workers' Comp Claim

    The New York Knicks can be held liable under California’s workers’ compensation law for contributing to the disability of former player Durand "Rudy" Macklin, who played briefly for the Los Angeles Clippers after leaving the Knicks, a California appeals court affirmed Thursday in a precedent-setting opinion.

  • October 2, 2015

    Columbia Hit With Latest Outlet Store Pricing Class Action

    Columbia Sportswear Co. on Friday became the latest retailer to be sued over “phantom” discounts in its outlet stores when it was hit with a proposed class action in California federal court alleging it advertised mark downs from original prices that never existed.

  • October 2, 2015

    Porsche Denies Knowledge Of Glare Defect, Can't Control Sun

    Porsche said in California federal court Thursday that a proposed class action claiming its beige dashboards reflect blinding sunlight onto windshields should be dismissed with prejudice, arguing that the plaintiffs haven’t provided any proof that the automaker knew about the purported defect.

  • October 2, 2015

    Velti Investors' Accountant, Underwriter Claims Thrown Out

    A California federal judge has dismissed Velti PLC investors’ claims that accountants and underwriters working with the mobile-advertising company concealed its poor financial prospects, saying the complaint swung and missed at the “exacting pleading requirements” for such securities suits.

  • October 1, 2015

    Honda Looks To Centralize CR-V Vibration Suits In Calif.

    Honda on Thursday said cases accusing the carmaker of concealing vibration problems with its 2015 CR-V should be consolidated in California, teaming up with one group of plaintiffs against other plaintiffs who say the cases should be centralized in Ohio.

  • October 1, 2015

    NCAA Athletes Seek Cert. In Antitrust Financial Aid Suits

    Student athletes challenging the National Collegiate Athletic Association's scholarship rules in antitrust multidistrict litigation urged a California federal judge Thursday to certify classes of men's football and basketball players and women's basketball players seeking an injunction on the NCAA's financial aid limits.

Expert Analysis

  • 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.

  • Current Capacitor Investigation May Be Tip Of Large Iceberg

    Robert Connolly

    The Antitrust Division’s grand jury investigation of the massive capacitors industry had been relatively quiet until the U.S. Department of Justice's recent announcement of criminal charges against NEC Tokin Corp. The first guilty plea changes the question from "Was there a capacitor cartel?" to "How deep does this go?” says Robert Connolly, a partner with GeyerGorey LLP and former chief of the Antitrust Division’s Philadelphia field office.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • Calif.'s Post-Sanchez Unconscionability Doctrine

    Neil R. Bardack

    Because the California Supreme Court's recent ruling in Sanchez v. Valencia Holding Co. did not take away any of the tools state courts use in finding unconscionability — and arguably even added a new one — Justice Antonin Scalia's observation in AT&T Mobility LLC v. Concepcion that California courts have been more likely to hold contracts to arbitrate unconscionable than other contracts may still hold true, say Neil Bardack and Ca... (continued)

  • Open Questions About New Calif. Redevelopment Bill

    Bernadette M. Duran-Brown

    California Gov. Jerry Brown recently signed Assembly Bill 2, which will allow local governments to create Community Revitalization and Investment Authorities — a step some say is the rebirth of redevelopment — but it is unclear how the new law will actually impact disadvantaged communities, says Bernadette Brown at Nossaman LLP.

  • Summer, Circuit Courts And Successor Withdrawal Liability

    Jonathan G. Rose

    Two cases decided this summer in the Seventh and Ninth Circuits have breathed new life into the successor liability doctrine in the withdrawal liability context and have expanded it in a manner that suggests this is a growing risk for companies that may purchase the assets of a unionized employer, say Jonathan Rose and Richard Siegel of Alston & Bird LLP.