California

  • February 24, 2017

    Ex-LA Sheriff Lied To Feds, Jury Told On Day 1 Of Retrial

    A federal prosecutor delivered opening statements Friday in the public corruption retrial of former Los Angeles County Sheriff Lee Baca with new allegations that Baca lied to federal investigators about his efforts to thwart a probe into inmate abuse, while his defense team countered that the septuagenarian had a failing memory.

  • February 24, 2017

    Uber Sued By Woman Alleging Sexual Assault By Minn. Driver

    Uber Technologies Inc. was sued Thursday in California federal court by a Minnesota woman who claims she was sexually assaulted by an Uber driver, the latest suit to allege the company’s purportedly lax background check measures compromised the safety of its female passengers.

  • February 24, 2017

    After Rare Mandamus Order, Google Patent Case Leaves Texas

    A Texas federal judge on Friday transferred a patent case against Google Inc. to California court after the Federal Circuit granted a rare writ of mandamus a day earlier, finding in a split decision that the initial ruling had unfairly weighted the transfer factors against the technology giant.

  • February 24, 2017

    Soccer Org. Must Face Sex Abuse Suit: Calif. Appeals Court

    A California Appeals Court on Wednesday ruled the U.S. Youth Soccer Association Inc. had a duty to conduct criminal background checks on its coaches, setting a precedent that such organizations could be held liable for a third party’s sexual abuse of a minor.

  • February 24, 2017

    ERISA Applies To Religious Hospitals, Workers Tell Justices

    Former employees of religious hospital systems have urged the U.S. Supreme Court to uphold circuit court rulings that their former employers are subject to the Employee Retirement Income Security Act, arguing that the businesses are run as hospitals not churches, so they don’t qualify for a religious exemption.

  • February 24, 2017

    Tuesday Morning PAGA Wage Settlement OK'd On Second Try

    A California federal judge on Thursday signed off on a revised settlement between retailer Tuesday Morning and a class of employees in an unpaid wages suit, saying a $30,000 increase in a $780,000 deal will cover the release of all claims.

  • February 24, 2017

    LeapFrog Can't Ditch All Of Calif. Investors' Suit

    A California federal judge on Friday partially kept alive a proposed investor class action accusing children's educational game maker LeapFrog Enterprises Inc. and its brass of hiding demand and inventory problems, saying investors provided enough evidence to bring claims surrounding a $36.5 million asset write-down.

  • February 24, 2017

    Calif. County Seeks To Block Trump's Sanctuary Order

    A Silicon Valley county urged a California federal court Thursday to issue a nationwide injunction blocking President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities for immigrants, saying it could deprive the county of $1.7 billion in necessary funds.

  • February 24, 2017

    Judge Shaves Claims Off Mitsubishi Faulty Odometer Suit

    A California federal judge on Thursday dismissed most of a proposed class action against Mitsubishi's North American unit over allegedly faulty odometers, but gave the dealership employee who filed the suit a chance to amend his complaint.

  • February 24, 2017

    Don't Expect Snap To Single-Handedly Revive IPO Market

    Snapchat maker Snap Inc. plans to price its eagerly watched $3 billion initial public offering in the coming week, providing a rare blockbuster offering to an otherwise stagnant market, but experts caution the heavily hyped deal contains too many distinct qualities to be assumed a forerunner of a revival.

  • February 24, 2017

    Trump Seeks Full Pause Of Immigration Ban Appeal

    The Trump administration on Friday asked the Ninth Circuit to fully pause the appeal over the U.S. president’s controversial immigration ban against people from seven Muslim-majority countries, saying there is “no need at this time” for additional briefing.

  • February 24, 2017

    Animal Groups Sue Over 'Orwellian' Removal Of USDA Docs

    The U.S. Department of Agriculture’s animal health department must have been channeling George Orwell’s "1984" when deciding to pull down records of inspection reports and enforcement actions in animal welfare cases, according to a California federal suit Thursday aimed at getting the data back online.

  • February 24, 2017

    Ex-SpaceX Worker Can't Depose Elon Musk In Firing Row

    A California judge on Friday held that a former SpaceX employee can't depose the company's founder, billionaire inventor Elon Musk, in his suit alleging he was fired for informing senior management that workers were told to fudge rocket-part safety tests, saying Musk can answer written questions only for now.

  • February 24, 2017

    Tribal Casino Opponents Say 9th Circ. Has Dibs On Suit

    An activist group and others opposing the construction of a tribe’s $400 million casino near San Diego told a California federal court Thursday that it must vacate its recent dismissal of one of the group’s claims and let the Ninth Circuit rule on the rest of the claims in the suit.

  • February 24, 2017

    SalesForce's Auto-Renewals Violate Calif. Law, User Says

    Online customer service platform SalesForce has been hit with a putative class action in California state court from a user who says the company charges her and others for automatic renewals without clearly explaining the terms or obtaining customer consent.

  • February 24, 2017

    Google Strikes $22M Deal To End AdWords 'Dead Sites' Action

    Google Inc. struck a $22.5 million settlement with a proposed class of advertisers who claim the tech giant placed their purchased ads on unused or inactive websites, bringing an end to a nearly nine-years-long litigation in California federal court, according to a Thursday court filing.

  • February 24, 2017

    THQ Execs Want 9th Circ. To Rethink Reviving UDraw Suit

    Two executives of now-bankrupt THQ Inc. have urged the full Ninth Circuit to rethink reviving class allegations that they misled investors leading up to the company's failed plan to expand its Nintendo Wii accessory to other platforms, saying the appeals court depended on facts absent from the complaint.

  • February 24, 2017

    Speaker Co.'s $1M Award Confirmed Against No-Show Buyer

    A California federal judge confirmed a $1 million arbitration award Thursday for a Chinese company that says it delivered more than 13,000 trendy portable speakers for Stelle LLC, but Stelle never fully paid up or appeared in either arbitration or the confirmation proceedings.

  • February 24, 2017

    Deal In Calif. Power Plant Emissions Suit Gets Green Light

    A federal judge on Thursday approved a deal that puts to rest Clean Air Act claims asserted by the federal government and the California air quality regulator against the operator of a biomass-fired power plant, despite objections raised by the Blue Lake Rancheria Tribe.

  • February 24, 2017

    Statement By Ariz. County's Atty Not Protected, 9th Circ. Says

    The Ninth Circuit ruled Thursday that a former Maricopa County attorney, who claims she was fired in retaliation for talking to a newspaper reporter about a case she handled for the Sheriff’s Department, was not protected by the U.S. Constitution because she gave the interview as a lawyer representing the county.

Expert Analysis

  • Paid Administrative Leave: There Ought To Be A Law

    Gregory J. Rolen

    California public entities and employees are being increasingly victimized by paid administrative leave abuse. Although sometimes an indispensable practice, PAL is metamorphosing as a means to not only shortcut public employees’ workplace rights, but also to destroy reputations, says Gregory Rolen of Haight Brown & Bonesteel LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • How States Might Challenge The OCC's Fintech Charter

    Brian G. Barrett

    Some state banking regulators see the Office of the Comptroller of the Currency's plan to create a new charter for financial technology companies as a direct threat to their existing authority. Litigation challenging the preemptive effect of the fintech charter would likely involve an interpretation of the limitations on the OCC’s statutory preemptive power, say attorneys with Eversheds Sutherland (US) LLP.

  • More Pricing Litigation On The Docket In 2017

    The current wave of pricing litigation began nearly three years ago, and has already targeted more than 60 retailers in more than 100 lawsuits. In 2017, several cases are on appeal, others are starting the class certification or summary judgment phase, and some are slated for trial, portending possible major changes in case law, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • Opinion

    A Potential Risk For Eminent Domain In California

    David Graeler

    Earlier this month, a California Assembly member introduced Assembly Bill 408, which sets out to radically change the standards by which courts decide whether or not to award litigation expenses in eminent domain actions. This bill could cause right-of-way costs to increase and projects may take longer to build, says David Graeler of Nossaman LLP.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • 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.