California

  • February 22, 2017

    Latham Scores Skadden, Paul Hastings Trial Partners In LA

    Latham & Watkins LLP is bolstering its litigation team in the Los Angeles area, adding a pair of trial lawyers from Skadden Arps Slate Meagher & Flom LLP and Paul Hastings LLP with experience in securities disputes and other high-stakes trials for diverse clients including private equity firms, financial institutions and public companies and their executives, the firm said Wednesday.

  • February 22, 2017

    Williams-Sonoma Nears Trim Of Thread Count Labeling Suit

    A California federal judge said during a hearing Wednesday he would likely grant some, but not all, of Williams-Sonoma's requests to trim claims and products from a putative class action alleging the company misleads customers about the thread count of its bedding.

  • February 22, 2017

    D-Link Says FTC Still Hasn't Shown Harm In Data Security Row

    Connected device manufacturer D-Link Corp. has doubled down on its bid to shake the Federal Trade Commission's claims that it put consumers' privacy at risk by failing to properly secure its products, arguing Tuesday that the commission couldn't use press reports about generalized security vulnerabilities and harm to fill "gaping holes" in its complaint. 

  • February 22, 2017

    McDonald's Liable For Franchisee Wage Violations, Suit Says

    Fast food workers engaged in a putative class action suit alleging McDonald’s violated wage laws asked a California federal judge on Tuesday to deny the company’s second bid for summary judgment, arguing that the restaurant chain is liable even if the violations were committed by a Bay Area franchisee.

  • February 22, 2017

    9th Circ. Won't Reconsider Decision To Arctic Protect Seal

    The Ninth Circuit on Wednesday denied a request from oil and gas interests, Alaskan local governments, and Native American tribes to reconsider a panel’s decision that the National Marine Fisheries Service reasonably relied on climate change projections to determine that an Arctic seal population would be endangered by the end of the century.

  • February 22, 2017

    Redstone Needs Mental Exam, Ex-GF Argues In Elder Abuse Row

    Sumner Redstone's ex-girlfriend Sydney Holland urged a California judge Wednesday to order an independent medical examination of the nonagenarian billionaire in his $150 million elder abuse suit against Holland and another ex-girlfriend, arguing there is circumstantial evidence of a recent “precipitous” decline in the former media mogul's health.

  • February 22, 2017

    Atty In NFLer’s Stock Scheme Says Insurer Owes For Defense

    An attorney convicted for conspiring with former NFL player Willie Gault to illegally inflate the stock of their heart monitor company told a California state appeals court Wednesday that an insurer wrongly denied defense coverage based on a fraud exclusion, saying his pending criminal appeal means there’s no final judgment of fraud.

  • February 22, 2017

    9th Circ. OKs Dreamworks’ Win In ‘Turbo’ Profits Suit

    The Ninth Circuit refused to revive a securities class action against DreamWorks Animation SKG Inc. alleging the animation studio misled investors about the profit potential of the 2013 cartoon flick “Turbo,” finding that the investors failed to show they were fraudulently deceived.

  • February 22, 2017

    Judge Blocks Calif. Law Against Disclosure Of Actors’ Ages

    A California federal judge Wednesday stopped enforcement of a new California law preventing online entertainment industry databases such as IMDb from including actors’ ages on their sites, saying the statute violates constitutional free speech protections and doesn’t address its stated goal of preventing age discrimination.

  • February 22, 2017

    Ex-Tata IT Workers Seek Class Status In Bias Case

    Two former Tata Consultancy Services Ltd. employees urged a California federal court Tuesday to certify two classes of workers alleging the information technology outsourcing agency systemically discriminates against non-South Asians, arguing there could be thousands of class members.

  • February 22, 2017

    Exxon Rushed Refinery Repairs Before $537M Sale, Suit Says

    ExxonMobil Corp. is facing a proposed class action in California state court accusing the oil giant of hazardously operating a refinery in the run-up to an explosion that released harmful pollutants into the air, and then rushing shoddy repairs in the aftermath of the blast to push through a half-billion-dollar sale.

  • February 22, 2017

    Logjams, Likely Litigation Surround LA Development Measure

    An upcoming Los Angeles ballot initiative that would temporarily halt most development in the city is causing a logjam of applications at the Department of City Planning as developers try to get their projects secured ahead of the vote, and lawyers say wide-ranging litigation is likely if the measure passes.

  • February 22, 2017

    Outer Harbor To Face $13M Damage Claim, Del. Judge Rules

    California port services company Outer Harbor Terminal LLC must face a $13 million-plus bankruptcy court damages claim by global shipping company K-Line for abruptly breaking a contract at the Port of Oakland, California, a Delaware judge ruled late Tuesday.

  • February 22, 2017

    Silver Co. Slams Bid For Deloitte Docs In Fraud Suit

    An embattled Canadian silver company on Tuesday asked a California federal judge to nix an attempt by a putative class of investors to obtain financial records from Deloitte LLP (Canada) created after the class period, saying the documents are irrelevant to the suit.

  • February 22, 2017

    Cedars-Sinai Hospital Hit With Wage-Hour Class Action

    A former Cedars-Sinai Medical Center employee has accused the hospital in a potential class action in California state court of withholding wages, not paying overtime, forcing employees to work during breaks and other wage-and-hour violations.

  • February 22, 2017

    Judge OKs Management Deal For Hotel In 1MDB Scandal

    A California federal judge on Tuesday approved a cooperation agreement between the government and investors involved in developing a midtown Manhattan hotel partly financed by allegedly embezzled money from a Malaysia sovereign wealth fund, rejecting objections to the pact that the parties say will save the venture from default.

  • February 22, 2017

    Theranos' Arizona Lab Sanctioned For Quality Control Issues

    A now-closed Theranos Inc. laboratory in Arizona was hit with sanctions — including the yanking of its testing license — last month after a fall inspection turned up quality control problems, the second time one of the company’s labs has been penalized, according to a news report Wednesday.

  • February 22, 2017

    InvenSense Shareholders Challenge $1.3B Sale To TDK

    Investors in chipmaker InvenSense Inc. filed suit in California federal court on Tuesday to halt the company’s proposed $1.3 billion cash sale to TDK Corp., saying that the deal pads the pockets of InvenSense’s executives while lowballing the technology company’s financial potential.

  • February 22, 2017

    Qualcomm Seeks To Consolidate 24 Antitrust Lawsuits

    Computer chipmaker Qualcomm Inc. has urged the U.S. Judicial Panel on Multidistrict Litigation to consolidate 24 antitrust lawsuits in the Southern District of California that allege the company fixed the price of microchips used in cellphones made by Apple Inc. and others.

  • February 22, 2017

    Site Managers Get Conditional Cert. In Chevron OT Dispute

    A California federal judge on Tuesday granted conditional certification of a collective action by a group of drill site managers who are suing Chevron Corp. alleging that it misclassified them as independent contractors and failed to pay overtime, finding that the group met the lenient standard for such a certification. 

Expert Analysis

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Consensus Returns On Corporate Insurance Transfers In M&A

    Michael H. Ginsberg

    The California Supreme Court recently reversed its 2003 decision in Henkel v. Hartford, where it previously held that a no-assignment clause will bar the transfer of insurance coverage rights to a successor entity. The clear majority trend among courts across the country is to uphold the ability of parties to transfer coverage in corporate transactions and prevent the forfeiture of historical insurance assets, say Michael Ginsberg ... (continued)

  • Who Would Face Liability For Oroville Dam Management?

    Brett Moore

    The Butte County, California, sheriff recently ordered the evacuation of more than 180,000 people in the communities surrounding the Oroville Dam after officials spotted severe erosion in its emergency spillway. Although other avenues may exist to pursue liability against the agencies involved in management of the facilities, those agencies might avoid state tort liability on preemption grounds, says Brett Moore of Haight Brown & Bonesteel LLP.

  • Examining The Meaning Of ‘Sexual Abuse Of A Minor’

    Michael Carlin

    In Esquivel-Quintana v. Sessions, the U.S. Supreme Court will need to decide whether, and to what extent, courts must follow the procedures the court set forth in Taylor v. U.S. in cases considering allegations of “sexual abuse of a minor.” The court could apply the rule of lenity to the statute at issue, as Judge Jeffrey Sutton urged in dissent in the Sixth Circuit ruling, says Michael Carlin of the Law Office of Michael Carlin PLLC.

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • Jurors In Toxic Tort Litigation Take Genetics Seriously

    David Schwartz

    Can jurors grasp the role of genetics in personal injury claims alleged to arise from exposure to specific chemicals? A recent asbestos trial featured a discussion of the plaintiff's genetic mutations as a factor in her mesothelioma. Trial lawyers should be thinking about how juries understand cancer, genetics and disease causation, say David Schwartz of Innovative Science Solutions and Kirk Hartley of LSP Group LLC.

  • Van Patten V. Vertical Fitness Is No TCPA Killer

    David Martinez

    As Telephone Consumer Protection Act litigation continues to grow at a staggering rate, the Spokeo defense remains an intriguing, if unsettled, means of attacking TCPA claims in federal court. Van Patten v. Vertical Fitness might not be the TCPA killer defendants have hoped for, but it is at the very least a welcome refuge for companies under siege, say Michael Reif and David Martinez of Robins Kaplan LLP.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • Securing An Ex Parte Seizure Remedy Under DTSA

    Kevin J. Burns,

    Despite much debate over the ex parte seizure of property provision of the Defend Trade Secrets Act, there has been little case law on such orders. However, while a California federal court did not issue a seizure order in OOO Brunswick Rail Management v. Sultanov, its recent opinion in the case remains instructive, says Kevin Burns of Fisher Phillips.

  • Trump’s Enviro Law Impact May Not Be What Many Anticipate

    Lester Sotsky

    Many posit a material decline in environmental enforcement and a retrenchment or reversal of environmental regulatory initiatives in the new Trump administration. We expect three concrete areas where activism and activity will be on the rise during this time, targeting a variety of environmental, public health and liability issues of considerable potential consequences, say Lester Sotsky and Andy Wang of Arnold & Porter Kaye Scholer LLP.