• September 1, 2015

    Yokohama Owes $4M For Crash Settlement: Costco Insurer

    Costco Wholesale Corp.’s insurer told a California appeals court Tuesday that Yokohama Tire Corp. should cover the $4.3 million settlement it paid after a fatal wreck allegedly caused by a defective Yokohama tire sold at a Costco store, arguing a trial judge erred in finding their indemnity agreement had ended.

  • September 1, 2015

    Feds Tells 9th Circ. Ex-Oriole Can't Block Trading Evidence

    Federal prosecutors on Tuesday urged the Ninth Circuit to let them support their insider trading charges against former Baltimore Oriole Doug DeCinces with evidence of trades DeCinces made shortly before his alleged crime, arguing the earlier trades were the “beginning of the scheme” the ballplayer set up.

  • September 1, 2015

    Calif. Law Too Broad For BIA To Rely On In Removal: 9th Circ.

    The Ninth Circuit on Tuesday granted a Salvadoran national’s petition for review of the Board of Immigration Appeals’ denial of his applications for withholding of removal, saying the BIA erred in finding that his conviction and 11-year sentence for voluntary manslaughter constituted a categorical crime of violence and particularly serious crime.

  • September 1, 2015

    Ex-UCB Exec Gets 8 Years, $17M Fine For Securities Fraud

    A former United Commercial Bank executive was sentenced by a California federal judge Monday to more than eight years in prison and fined nearly $17 million for his role in a securities fraud case that caused the country’s ninth-largest bank failure since 2007 and ultimately cost taxpayers and the federal government $1.1 billion.

  • September 1, 2015

    Google Unit Can't Duck Online Ad Patent Infringement Suit

    A California federal judge on Monday determined that the claims of a patent covering an Internet display frame for advertisements are not directed to an abstract idea under the U.S. Supreme Court's Alice ruling, allowing KlausTech Inc.'s infringement claims against a Google Inc.-acquired company to proceed.

  • September 1, 2015

    UCLA Data Breach Victim Manipulative, Jury Told

    A woman suing the University of California Los Angeles Health System for allowing her ex-boyfriend’s new partner to access her medical records appears to be manipulating her story to support claims she suffered emotional harm from the incident, a psychologist for the university testified Tuesday.

  • September 1, 2015

    Safeway Liable In $30M Grocery Delivery Markup Row

    A California federal judge on Monday found Safeway Inc. liable for $30 million in a breach-of-contract class action brought by customers who claim the grocer overcharged for delivered groceries when it had promised price parity with store-bought merchandise.

  • September 1, 2015

    Apple Can't Unplug False Ad Class Action Over Chargers

    A California judge on Tuesday rejected Apple Inc.'s bid to escape a putative consumer class action alleging the company tricks consumers by not disclosing that only Apple-licensed charging cables work with iPhones and iPads, ruling Apple's practices could lead consumers to waste money on useless cables.

  • September 1, 2015

    JPMorgan, Citi Mortgagors Seek Cert. In Inspection Fees Row

    Citibank NA and JPMorgan Chase & Co. mortgage borrowers urged a California federal judge on Tuesday to certify a nationwide class of millions of homeowners whom the banks allegedly charged unnecessary fees for property inspections when their loans were in default.

  • September 1, 2015

    Uber Can't Get Coverage For Fatal Crash, Excess Insurer Says

    Evanston Insurance Co. sued Uber Technologies Inc. on Tuesday seeking a declaratory judgment that it isn't required to cover Uber's settlement with the family of a 6-year-old girl killed in a collision with an alleged Uber driver, saying its excess policy covers technology, not taxi operations.

  • September 1, 2015

    Welch Consumers Say Labels Put Them At Prosecution Risk

    A proposed class of consumers claiming Welch Foods Inc. made its fruit juices and spreads illegal contraband through misbranding fought the company's summary judgment bid Monday, telling a California federal court in filings that owning the products presents “serious potential” for prosecution.

  • September 1, 2015

    'New Girl' Creator Has 'Huge Credibility Problem,' Writers Say

    Two writers who launched a suit alleging Fox Broadcasting Co. Inc. stole the show "New Girl" from their unproduced screenplay are now claiming that the show's creator has a "huge credibility problem," including that she once had to credit another writer on a movie script after initially claiming she independently created it.

  • September 1, 2015

    Google, Waze Hit With Copyright Suit Over Rival Traffic Data

    Google Inc. and its Waze Inc. unit copied information from a competitor’s database and used it to alert users of its navigation apps of traffic hazards and speed traps, according to a copyright infringement suit filed Tuesday.

  • September 1, 2015

    Plaintiffs Fight 3rd Bid To Toss Protein Powder Ad Suit

    Plaintiffs claiming MusclePharm Corp. lies about how much protein its supplement powders contain defended the proposed class action against yet another bid to toss it on Monday, telling a California federal court they had fixed problems the judge found the last time.

  • September 1, 2015

    Plaintiffs Defend Expert in Hain Celestial Tea Labeling Suit

    Consumers in a consolidated proposed class action over “natural” claims on Hain Celestial Group Inc.’s tea labels asked a California federal judge Monday to allow the declaration of a damage analysis expert they say directly responds to Hain’s argument that a price premium calculation is impossible.

  • September 1, 2015

    Monsanto Slams Appeal Of Maui GMO Law At 9th Circ.

    A nonprofit’s interlocutory appeal aimed at enacting a Maui County, Hawaii, law restricting genetically modified crops is moot because a preliminary injunction the group sought to upend has already expired, Monsanto Co., Maui and others told the Ninth Circuit on Monday.

  • September 1, 2015

    Merck Beats Back Whistleblower's FCA Claims Over Integrilin

    A California federal judge on Monday tossed a whistleblower’s False Claims Act allegations against Merck and Co. Inc. of off-label promotion of Integrilin and kickbacks, ruling they were substantially similar to claims against Millennium Pharmaceuticals Inc. that he had previously dismissed.

  • September 1, 2015

    Hyundai Steers Clear Of Blue Link System Valuation Suit

    A California federal judge on Monday tossed a putative class action against Hyundai Motor America, holding car owners cannot allege they overpaid for vehicles based on hardware for its Blue Link subscription-based emergency assistance and maintenance alert system, as they bargained away such claims by agreeing to a free trial.

  • September 1, 2015

    Pacquiao Promoter's $100M Antitrust Suit Slammed By Rival

    Floyd Mayweather's manager along with investment firm Waddell & Reed Financial Inc. asked a California federal court Monday to toss a $100 million lawsuit brought by Manny Pacquiao’s promoter over an alleged monopolization plan, saying the suit is merely a desperate attempt to prevent inevitable changes in boxing.

  • September 1, 2015

    NBC Fights Remand Bid In Oksana Baiul's $10M Royalty Suit

    NBCUniversal Media LLC on Monday fought to keep in California federal court a $10 million suit brought by figure skater Oksana Baiul seeking unpaid royalties for her performance in the 1994 television special “Nutcracker on Ice,” insisting that diversity jurisdiction is appropriate.

Expert Analysis

  • 'Anti-Concurrent Cause' Won't Work In Ariz. Fire Policies

    William A. Webster

    While anti-concurrent cause provisions are enforceable in a vast number of policies and jurisdictions, the Ninth Circuit's Stankova decision has brought the enforceability of such clauses into question for fire losses in Arizona and in states that have adopted the New York standard fire insurance policy, say William Webster and Charles Cannizzaro at Robins Kaplan LLP.

  • 9th Circ. Microsoft FRAND Ruling Ignores Ericsson

    J. Gregory Sidak

    Commentators have overlooked the larger implication of the recent Microsoft Corp. v. Motorola Inc. opinion — the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a reasonable and nondiscriminatory royalty articulated last year in Ericsson Inc. v. D‑Link Systems Inc., says Gregory Sidak, chairman of Criterion Economics LLC.

  • Competitors Push Back With False Advertising Laws

    Eric W. Buetzow

    As the Tenth Circuit recently recognized, false advertising causes of action are providing a robust weapon against overly aggressive and often youthful firms who “cross the line from harmless hyperbole into underhanded deception with material commercial consequences.” However, the current landscape is not a complete boon for competitor plaintiffs, says Eric Buetzow of Zelle Hofmann Voelbel & Mason LLP.

  • NLRB's New Joint-Employer Test Is Major Victory For Unions

    Daniel V. Johns

    The National Labor Relations Board's "refined" test determining joint-employer status is a major victory for unions at the bargaining table. Under the new standard, an employer could be deemed a joint employer by merely possessing the latent power to control any terms and conditions of employment, regardless of whether it ever exercises such power, say Daniel Johns and Rogers Stevens of Ballard Spahr LLP.

  • REJOINDER: Still An Inappropriate Reasonable Royalty Rule

    William C. Rooklidge

    In arguing in favor of the patentee obtaining as reasonable royalty damages the entire incremental profit earned by the alleged infringer on the smallest salable patent practicing unit, a recent Law360 guest article makes several arguments that are either incorrect or irrelevant, say William Rooklidge and Andrew Brown of Gibson Dunn & Crutcher LLP.

  • What Out-Of-Staters Must Know When Hiring Local NJ Counsel

    Christopher P. Massaro

    Modern business is borderless and it is inevitable that clients will get sued in jurisdictions other than their “home” state, often where their in-house counsel or primary law firm is ill-equipped to handle the litigation without assistance. With an eye on avoiding ethical dilemmas, Cole Schotz PC attorneys Christopher Massaro and Neoma Ayala discuss the relevant rules and procedures unique to New Jersey.

  • The Confusion Over Leegin And Retail Price Restraints

    Leonard N. Budow

    The 2007 U.S. Supreme Court case Leegin Creative Leather Products Inc. v. PSKS Inc. was supposed to unloose vertical price restraints by allowing resale price maintenance agreements, but the anticipated uptick of RPMs in franchise and distribution agreements never actually happened, due to various misconceptions surrounding the decision, says Leonard Budow at Fox Rothschild LLP.

  • Where There's A 'Will' There's (Now) A Way In California

    Allonn E. Levy

    The California Supreme Court has unanimously reversed course from 50 years of precedent — confirming that wills in the state should be treated no differently than other written documents when it comes to correcting mistakes. The ruling almost certainly will create more litigation, say Ryan Cunningham and Allonn Levy of Hopkins & Carley.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • Fluor Ruling Is Good News For Calif. Policyholders

    Richard DeNatale

    Last week, in its long-anticipated and unanimous decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations, placing California squarely in the mainstream view, say Richard DeNatale and Celia Jackson at Orrick Herrington & Sutcliffe LLP.