California

  • September 20, 2017

    Uber Asks 9th Circ. To Decertify Driver Wage Class

    Uber urged the Ninth Circuit at a hearing Wednesday to decertify a class of drivers who say they were misclassified as independent contractors and send their claims to arbitration, saying the drivers’ individual interests preclude certification and that the court’s 2016 decision in another Uber case requires arbitration of individual claims.

  • September 20, 2017

    Pathogen-Killer Claims Unfair, Medical Co. CEO Testifies

    Medical garment maker Vestagen Protective Technologies has gained an unfair market advantage by making false and unlawful claims that its products kill 99 percent of all pathogens, the CEO for rival Strategic Partners testified Wednesday in a California federal trial where his company is defending against theft of trade secret claims.

  • September 20, 2017

    Ex-Raytheon Engineer's Wrongful Termination Heads To Trial

    A former engineer for Raytheon Co. told a California federal jury Wednesday that the defense contractor fired him from his six-figure job as retaliation for blowing the whistle about alleged "timecard fraud" on government jobs.

  • September 20, 2017

    States Sue DOT Over Greenhouse Gas Measure Delays

    Eight states, including California and Massachusetts, accused the U.S. Department of Transportation in California federal court Wednesday of dragging its feet on the implementation of greenhouse gas performance measures for national highways.

  • September 20, 2017

    9th Circ. Upholds Amazon's Win In List-Price Class Action

    A Ninth Circuit panel Tuesday affirmed a lower court’s use of Washington law when it dismissed an Amazon shopper’s putative class action over alleged inflation of comparative discounts, rejecting the shopper’s argument that California law is substantially different.

  • September 20, 2017

    Confusion Over Twins Leads To FCRA Suit Against Avis

    A case of mistaken identity cost a woman a job at car rental company Avis after a background check turned up an “extensive criminal history” that actually belonged to her twin brother, according to a Fair Credit Reporting Act suit filed Wednesday in California federal court.

  • September 20, 2017

    Waymo Pegs Uber Trade Secret Theft Harm At $2.6B

    Amid revelations on Wednesday that a Waymo-commissioned expert report estimated damages caused by Uber’s alleged trade secret theft at $2.6 billion, U.S. District Judge William Alsup accused the Alphabet spinoff of crying “crocodile tears” in seeking to delay trial over the purported theft of self-driving car technology.

  • September 20, 2017

    D-Link Shakes FTC's Unfairness Claim In Data Security Row

    A California federal judge on Tuesday trimmed the Federal Trade Commission's closely watched suit accusing D-Link Systems Inc. of failing to adequately secure its connected devices, ruling that the commission had failed to allege any actual consumer injury to support its unfairness claim and that two of its deception claims weren't specific enough.

  • September 20, 2017

    Enviros Undo Calif.'s Approval Of New Pesticide Labels

    A California appeals court on Tuesday reversed a lower court’s decision in favor of the state’s Department of Pesticide Regulation in a suit by environmental groups challenging the approval of amended labels for two previously registered pesticides, saying the department’s efforts at environmental review were deficient.

  • September 20, 2017

    Calif. Appeals Court Revives Suit On Taxpayer Standing Issue

    A California appeals court on Tuesday revived a woman’s case against her city and county over their vehicle impounding procedures, citing a recent decision from the state’s high court in a related dispute that found residents didn’t need to pay property taxes to sue the local government.

  • September 20, 2017

    Cordray Defends CFPB's Role In Wells Fargo Settlement

    The head of the U.S. consumer finance watchdog on Wednesday defended his agency, and himself, against allegations by Republican lawmakers that they were too quick to settle with Wells Fargo & Co. over its fraudulent account generation.

  • September 20, 2017

    SF, Oakland Sue Oil Giants Over Climate Change Costs

    San Francisco and Oakland, California, on Tuesday sued BP, Chevron, Exxon Mobil, ConocoPhillips and Shell, alleging the oil companies are responsible for infrastructure costs related to climate change events due to their “production of massive amounts of fossil fuels.”

  • September 20, 2017

    Mercedes-Benz Must Face Drivers’ Faulty Transmission Suit

    A California federal judge on Wednesday kept alive a proposed class action alleging Mercedes-Benz USA LLC made vehicles with faulty transmissions, saying the drivers have standing and sufficiently alleged facts that indicate a transmission defect.

  • September 20, 2017

    Cislo & Thomas Adds 5 IP Attys, Opens 2 Calif. Offices

    Intellectual property boutique Cislo & Thomas LLP has expanded its attorney ranks and its California footprint, adding five partners previously with Leech Tishman LLP as it opens two new offices in the state.

  • September 20, 2017

    California Sues Over Border Wall Project Waivers

    The Trump administration's attempt to waive environmental laws so it can move forward with its border wall project violates the U.S. Constitution and numerous federal and state regulations and should be stopped by a federal court, California argued Wednesday.

  • September 20, 2017

    Mel Gibson Film's Director Claims Movie Co. Infringed His IP

    The screenwriter and director of "The Professor and the Madman," starring Mel Gibson and Sean Penn, sued a Hollywood production company in California federal court Tuesday, claiming the Academy Award-winning company willfully infringed his copyrights to the film's screenplay and defamed him.

  • September 20, 2017

    Winery Escapes Trademark Suit From Bourbon Maker

    A California federal judge on Tuesday delivered a verdict in favor of winemaker Fetzer Vineyards after it was sued for trademark infringement by bourbon maker Sazerac Co. Inc. over the use of a buffalo-themed product, saying that Sazerac had provided almost no backing for the claim that buyers would be confused.

  • September 20, 2017

    Ex-Fiber Optics Boss Accused Of $2M Insider Trading Scheme

    The former CEO of a fiber optics company that was bought by Corning Inc. last year was arrested Wednesday after being criminally charged and sued by the U.S. Securities and Exchange Commission for allegedly using insider information and secret brokerage accounts to make $2 million.

  • September 20, 2017

    Court Square Leads $270M Digital Marketing Co. Investment

    System1, a Venice, California-based digital marketing company that provides businesses with targeted internet advertising services, has raked in $270 million from a group of investors led by private equity firm Court Square Capital Partners, according to a statement on Wednesday.

  • September 19, 2017

    Caffeine Expert Details Coffee Craving In Prop 65 Trial

    A nonprofit suing Starbucks, Keurig and other big-name coffee retailers to force them to warn consumers about carcinogens in their products called an addiction expert to testify in California court on Tuesday about the negative withdrawal effects that keep hooked coffee drinkers coming back for more.

Expert Analysis

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • How To Stay Protected When Using Biometrics Post-Spokeo

    Benjamin Byer

    Recently, a wave of lawsuits has accused companies of violating biometric privacy laws. But the two-part test established by the Ninth Circuit in Robins v. Spokeo creates another hurdle for plaintiffs seeking to file these types of lawsuits, say Benjamin Byer and John Parsi of Davis Wright Tremaine LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.