A California federal judge on Wednesday refused to sign off on a settlement resolving wage-and-hour claims against portable toilet rental provider United Site Services of California Inc. that awarded the plaintiffs' attorneys 78 percent of the total settlement fund.
Ecuador urged the Ninth Circuit on Friday to overturn a decision allowing Chevron Corp. to subpoena the identities of 39 anonymous nonparties in the oil giant's New York racketeering suit over a $19 billion pollution judgment, saying Chevron seeks to trample the privacy rights of Ecuadorean citizens.
The Ninth Circuit on Monday reversed a ruling that temporarily barred a Las Vegas concert promoter from using “The Platters” name in tribute concerts, but also rejected the promoter's arguments that the successor interests of Platters singer Herb Reed abandoned the right to use the trademark years ago.
A California federal judge on Monday threw out a case accusing Apple Inc. of illegally monopolizing the market for iPhone apps, ruling the would-be class members lacked standing to sue over the 30 percent commission the company charges developers in its App Store.
Business technology company NCR Corp. continued the transformation of its financial services branch Monday, announcing not only plans to pick up online and mobile banking solutions company Digital Insight Corp. for $1.65 billion but also the closing of its $84 million acquisition of fraud prevention software provider Alaric Systems Ltd.
Symantec Corp. on Monday once again succeeded in persuading a California judge to toss a proposed class action accusing it of hiding a software vulnerability that left its customers open to cyberattacks, though the plaintiff will have one final chance to correct her complaint.
Taxpayers in five states that produce little to no wind energy paid more than $950 million in 2012 federal wind production tax subsidies, according to a think tank study released Monday, which concluded the tax subsidies give no real benefit to many states.
DNA tester 23andMe Inc. was hit with a proposed class action Wednesday, in which the company is accused of falsely advertising its saliva collection kit and personal genome service product as accurately providing health reports on more than 240 genetic medical conditions.
A Los Angeles Lakers Inc. ticket holder leading a putative class action against the team on Thursday urged the Ninth Circuit to reject the team’s arguments that the language of the Telephone Consumer Protection Act is ambiguous, saying the Lakers never presented that argument in district court and that the law is clear.
The Tahoe Regional Planning Agency asked a California federal judge Wednesday to toss what it called a "myopic" suit launched by the Sierra Club seeking to block an update to a regional plan, which would open more than 300 acres of undeveloped land in Lake Tahoe to resort development.
A group of beer drinkers asked a California federal court to revive their antitrust suit against Anheuser-Busch InBev’s $20.1 million acquisition of Group Modelo, arguing Sunday that AB InBev misled the court about future price increases and that plaintiffs are entitled to new discovery.
Google Inc. was hit an infringement suit Tuesday in California federal court by a video social networking company that claims the technology giant’s Hangouts video-chat feature steps on its trademark.
A radio jingle and music licensing company bought by Westwood One Inc. infringed the copyright to the Norman Greenbaum hit “Sprit in the Sky” by distributing copies to radio networks without permission, according to a suit filed Wednesday by the song’s producer and copyright holder.
Many of the real estate industry's biggest names saw changes in their management lineups in November, from a CBRE broker's jump to management at Boston Properties Inc. to American Realty Capital Properties Inc.'s appointment of a new president.
A California appeals court on Wednesday rejected an appeal by a doctor accusing Scripps Health's board of trustees of improperly denying him medical privileges at three Scripps Health hospitals after a review committee found he'd committed acts of sexual harassment against staff at another hospital.
Rhapsody International Inc. finally went to court Wednesday in a long-brewing fight over its control of the infamous “Napster” name, lodging a trademark infringement and unfair competition suit against the owner of an open-source music sharing site called Napster.fm.
While three Kemper Corp. life insurers have the odds in their favor in recent lawsuits against California, Florida, Illinois and Pennsylvania over whether carriers must proactively search a federal death database to pay out benefits, victories in those cases could wind up only escalating the movement toward making searches mandatory, attorneys say.
A California federal judge on Wednesday found that Rosen Entertainment Systems LP can’t argue that a patent for entertainment systems in the headrests of car seats is invalid because it agreed in a contract not to make such an argument.
The owners of a California slaughterhouse agreed Wednesday to pay $3.1 million to settle claims that they defrauded the government by selling beef from mistreated cattle, ending a long-running lawsuit that previously served up an eye-popping, if symbolic, $500 million liability judgment.
A California federal judge denied class certification Wednesday to Jenny Craig Inc. employees the company allegedly failed to pay for all time worked, ruling that would-be class members had varied experiences and that common questions wouldn't predominate over individualized inquiries.
Plaintiffs’ lawyers are adapting to courts’ historic skepticism toward data privacy suits by developing creative new legal theories. Their biggest challenge is overcoming the constitutional requirement that, to obtain standing in federal court, plaintiffs must show “an injury-in-fact” that is “concrete and particularized,” say Lisa Rickard of the U.S. Chamber of Commerce and Robert McKenna, co-head of Orrick Herrington & Sutcliffe LLP's public policy group and the former attorney general of Washington state.
A recently passed California bill on employee recovery periods, during which a worker cools down to prevent heat illness, gives the plaintiffs' bar a new toy, and messy litigation over an employer's failure to provide such periods is sure to follow. Something to monitor is how employment practices liability insurance will respond to recovery-period claims, says Joseph Balice of Ezra Brutzkus Gubner LLP.
The U.S. District Court for the Central District of California's motion dismissing Pelayo v. Nestle USA Inc. is a valuable tool for companies looking to navigate around the Ninth Circuit's decision in Williams v. Gerber to dismiss putative class actions that attack “all natural” or other claims on product labels, says Amy Lally of Sidley Austin LLP.
The California Court of Appeal's recent decision in Thrifty Payless Inc. v. The Americana at Brand LLC, a dispute over a lease and insurance agreement for commercial space, reinforces the trend in California courts to favor a strong policy that claims of fraud should not be barred simply because an integration clause exists, say Andrew Howard and Brian Lauter of Robins Kaplan Miller & Ciresi LLP.
The Federal Circuit recently explained that royalties should generally be based not on the entire product but instead on the smallest salable patent-practicing unit. But what if the smallest salable unit itself contains both patented and unpatented features? The Federal Circuit will likely be asked to clarify the point in the near term, given recent disparate district court opinions on the issue, say Bart Rankin and Jay Utley of Baker & McKenzie LLP.
The different approaches taken by plaintiffs across the four operative complaints in recent class actions involving evaporated cane juice labeling show the plaintiffs’ counsel trying various combinations to find traction, making both regulatory violation claims and misrepresentation claims with varying degrees of success, says William Dance of Tucker Ellis LLP.
Sometimes — as in the Arizona immigration case — the preemption question before the U.S. Supreme Court is about state legislation, and whether the state has power to legislate in an area that is already governed by federal law. But lately the question has been more often about litigation, and whether federal law prevents plaintiffs from bringing state law claims, says Jason Steed of Bell Nunnally & Martin LLP.
The question of how hoteliers can protect themselves from financially crippling discrimination lawsuits takes on great importance in light of recent high-profile cases, such as the Millennium Broadway Hotel incident in New York and the Fontainebleau Miami Beach Hotel incident in Miami, say Richard Barrett-Cuetara of Shannon Gracey Ratliff & Miller and Peter Campbell Sode of Rutgers University.
The Ninth Circuit's recent decision in Seltzer v. Green Day confirms the strength of the fair use defense and its availability to musicians and their performances as long as the use of an image is novel and creative. Importantly, the decision comports with the objectives of the federal copyright laws by allowing prior works to be used in a new and creative way, says Paul Pittman and James Holmes of Sedgwick LLP.
As the California Court of Appeal's decision in Reid v. Mercury Insurance demonstrates, an insurance company has the truly awesome power to save or ruin the financial lives of the insured and the injured party. However, it is hard to see how the Reid court imposed a duty of responsibility on the carrier with this absolute power, say Carl Salisbury and Barry Fleishman of Kilpatrick Townsend & Stockton LLP.