California

  • February 13, 2018

    Split 9th Circ. Backs EpiCept Win In Patent-Deal Suit

    A split Ninth Circuit panel on Tuesday affirmed a jury decision in favor of EpiCept Corp. in a suit brought by doctors who claim the pharmaceutical company breached its contract by failing to develop patents into FDA-approved drugs, finding that the jury was adequately instructed.

  • February 13, 2018

    Ramen Cos. Seek To Decertify Buyers In Price-Fixing Row

    A pair of Korean ramen noodle companies asked a California federal judge Tuesday to decertify an indirect-purchaser class of noodle buyers from six states in a price-fixing action against the companies, arguing that a recent Ninth Circuit ruling raises the bar on certification of multistate classes.

  • February 13, 2018

    Economists Ask 9th Circ. To Revive NFL Sunday Ticket Suit

    A group of 11 economists from U.S. universities told the Ninth Circuit on Monday that a California federal court misapplied economic principles when it dismissed multidistrict litigation challenging an exclusivity agreement between the NFL and DirecTV over its "NFL Sunday Ticket" package.

  • February 13, 2018

    Disney Says DVD Box Clearly Bars Redbox Download Resales

    Disney urged a California federal judge Monday not to toss its lawsuit alleging Redbox resells digital download codes for Disney flicks, arguing that terms clearly printed on the box prevent the movie rental giant from hawking the downloads on the secondary market.

  • February 13, 2018

    Calif. Jury Finds BofA Blacklisted, Defamed Ex-Worker

    A California federal jury on Tuesday found Bank of America NA illegally blacklisted and defamed a former BofA client manager when it listed her with a fraud reporting agency, awarding the former employee compensatory and punitive damages that could surpass $1.6 million.

  • February 13, 2018

    Nomadix Must Cough Up Patent Info In $11M Licensing Row

    A California federal judge on Monday ordered network device maker Nomadix Inc. to disclose patent information related to the counterclaims filed against it by a hotel entertainment company, explaining that the patent licenses could help establish damages in an $11 million suit over unpaid royalties.

  • February 13, 2018

    Judge Denies Phoenix New IP Trial But Refuses VMware Fees

    A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.

  • February 13, 2018

    9th Circ. Skeptical Insurer Must Cover HotChalk FCA Suit

    A Ninth Circuit panel on Tuesday questioned HotChalk Inc.'s argument that Scottsdale Insurance should cover costs from a False Claims Act suit over the education technology company’s employee compensation policy, with the judges saying the litigation likely fell under the insurer’s broad exclusion for suits “arising out of” client services.

  • February 13, 2018

    Calif. Sues Mitsuba In Auto Parts Price-Fixing MDL

    California sued Japanese auto parts manufacturer Mitsuba Corp. and its U.S. unit Monday alleging the companies took part in a massive conspiracy to rig bids and fix prices for a variety of auto parts that are subject to sprawling multidistrict litigation in Michigan federal court.

  • February 13, 2018

    Jury Awards Microsoft $278K In Office IP Row With Corel

    A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.

  • February 13, 2018

    Eli Lilly Says Cymbalta Users Can't Reopen Axed Case

    Eli Lilly and Co. urged a California federal court Monday not to reopen a proposed class action alleging the drugmaker hid the withdrawal risks of the antidepressant Cymbalta, saying the proposed class voluntarily dismissed their suit knowing that a U.S. Supreme Court decision could block them from appealing.

  • February 13, 2018

    19 AGs Blast 2020 Census Citizenship Question

    A coalition of 19 attorneys general and others urged the U.S. Department of Commerce on Monday to reject the addition of a citizenship question to the 2020 decennial census, arguing it would undermine the accuracy of the population count and violate the census’ obligations under federal law.

  • February 12, 2018

    LA Property Owner Pushes For Trial In Fred Segal TM Suit

    A Los Angeles retail property investor facing trademark infringement claims from Fred Segal LLC urged a California federal judge on Monday to “at a minimum” send the case to a jury after she tentatively ruled to dismiss their counterclaims alleging they have a right to keep the fashion brand’s sign up on an iconic ivy-covered property on Melrose Avenue.

  • February 12, 2018

    9th Circ. Judge: Tribe ‘Did Nothing’ To Stop Rival Casino

    During a hearing Monday, a Ninth Circuit judge asked whether the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community waived its right to challenge another tribe’s proposed casino hotel when it “did nothing” to notify the U.S. Department of the Interior about the project’s effect on its own casinos.

  • February 12, 2018

    9th Circ. OKs Sanctions For First Solar Wrongful Death Suit

    A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.

  • February 12, 2018

    UnitedHealth Can't End DOJ Suit In Big FCA Battle

    A California federal judge on Monday preserved a U.S. Department of Justice lawsuit accusing UnitedHealth Group Inc. of exaggerating patient illnesses in Medicare Advantage, handing the government a crucial win in a new realm of False Claims Act litigation.

  • February 12, 2018

    IRS Asks Court To Toss Facebook's Tax Appeal Suit

    The government asked a California federal court on Friday to dismiss allegations by Facebook Inc. that the Internal Revenue Service unjustly denied it its right to contest an adjustment to its taxes with the IRS appeals office, saying the company suffered no actual harm.

  • February 12, 2018

    Gibson Dunn Scores IP Transactions Partner In Silicon Valley

    Gibson Dunn & Crutcher LLP announced Monday that it had hired a White & Case LLP partner with a high-profile intellectual and technology transactions practice for its Silicon Valley office.

  • February 12, 2018

    AGs Back Ban On Sex Harassment Arbitration Clauses

    Attorneys general in all 50 states, the District of Columbia and several U.S. territories told Congress on Monday that it’s time to prohibit employers from keeping claims of sexual harassment hush-hush with forced arbitration.

  • February 12, 2018

    Sanctuary City Order Ignored Vetting Process, 9th Circ. Told

    A group of political science experts on Monday urged the Ninth Circuit to maintain a permanent block of President Donald Trump’s executive order to withhold federal funds from so-called sanctuary cities, saying that he ignored proper vetting procedures when implementing it a year ago.

Expert Analysis

  • Coverage For Montecito Claims: Flood Or Fire?

    Meka Moore

    The destruction caused in Montecito and other areas of Southern California earlier this year appears to have been caused by flood, mudslide and mudflow, which are excluded under most property insurance policies. However, there is potential for homeowners to assert that the damage was actually caused by the Thomas fire, say Meka Moore and Jennifer Revitz of Selman Breitman LLP.

  • How The Hospitality Industry Is Dealing With Tip Pool Regs

    Margaret Grover

    The hospitality industry has long relied on tips and service charges to augment wages paid to employees. The U.S. Department of Labor has proposed new regulations governing tip sharing, in part as a response to regulations it promulgated in 2011, which have resulted in a split between the federal circuits and a petition for certiorari in the U.S. Supreme Court, says Margaret Grover of Wendel Rosen Black & Dean.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Back In The Shop With Encino Motorcars V. Navarro

    Michael Hepburn

    The U.S. Supreme Court recently heard arguments in Encino Motorcars v. Navarro, following the Ninth Circuit’s decision on remand. The case has become the legal equivalent of a “lemon” and the court seemed no closer to a decision than it was after Navarro’s first appearance at the Supreme Court in 2016, say attorneys with Eversheds Sutherland.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Appointment Of CFPB Director Causes Rift Among State AGs

    Stephen Piepgrass

    With challenges to the president’s pick for acting director of the Consumer Financial Protection Bureau in the federal courts, opposing contingents of state attorneys general have weighed in with filings as amici curiae. The controversies have centered largely on whether the Consumer Financial Protection Act or the Federal Vacancies Reform Act controls the appointment, say Stephen Piepgrass and Robert Claiborne Jr. of Troutman Sanders LLP.

  • Views From The Bench On Sentencing Representation: Part 10

    Alan Ellis

    U.S. District Judges Frederic Block of the Eastern District of New York and Charles R. Breyer of the Northern District of California are legendary sentencing judges. I recently asked for their thoughts on sentencing memoranda, character letters and sentencing statistics, says criminal defense attorney Alan Ellis.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Will CFPB Adopt A More Nuanced Approach To Remedies?

    Ori Lev

    The Consumer Financial Protection Bureau's recent loss in CFPB v. CashCall suggests that parties willing to litigate against the agency may achieve success even if they lose on the merits, as courts appear reluctant to award the robust remedies the CFPB typically demands, says Ori Lev of Mayer Brown LLP.