California

  • February 13, 2018

    BMW Driver Tells 9th Circ. Noisy Brakes Are Safety Concern

    A BMW driver told the Ninth Circuit on Tuesday that the noise generated by his car’s squealing brakes poses a safety concern the company had a duty to disclose, and urged the court to revive his fraud class action.

  • February 13, 2018

    'Goodfellas' Actor Can't Revive $250M 'Simpsons' Image Suit

    Fox Television Studios Inc. scored another victory in "Goodfellas" actor Frank Sivero's $250 million suit alleging the studio ripped off his likeness for a character on "The Simpsons" when a California state appeals court on Tuesday affirmed the use of the character was protected.

  • February 13, 2018

    Bill Paxton's Family Sues Hospital, Doc For Wrongful Death

    The family of actor Bill Paxton, who died of a stroke almost a year ago following heart surgery, has filed a wrongful death lawsuit in California state court accusing a medical center and the surgeon who operated on him of negligence and lying about the risks of the procedure.

  • February 13, 2018

    Ex-BigLaw Attys' Licensing Co. Loses Patent Suit Under Alice

    A patent licensing company run by former WilmerHale and Kirkland & Ellis LLP partners lost its infringement claims against two security companies on Monday, when a California federal judge found that its patent on internet data channels is invalid under the Supreme Court's Alice ruling for claiming only an abstract idea.  

  • February 13, 2018

    9th Circ. Won't Revive Lab Vendor's RICO Suit

    A Ninth Circuit panel Tuesday declined to revive a Racketeer Influenced and Corrupt Organizations Act suit against the owners of health care vendor and bookkeeping company North American Health Care, saying that Diagnostic Laboratories did not properly allege that they perpetrated multiple schemes or that they defrauded any vendors.

  • February 13, 2018

    9th Circ. Revives ACLU's Suit Over DHS Checkpoint

    The Ninth Circuit on Tuesday revived a suit accusing U.S. Customs and Border Protection of violating the American Civil Liberties Union’s free speech rights near an Arizona checkpoint, agreeing with arguments made by a Covington & Burling LLP attorney that the lower court abused its discretion by denying their request to take discovery.

  • February 13, 2018

    Taylor Swift 'Shake It Off' Lyrics Suit Gets One More Shot

    A California federal judge on Tuesday said he’ll give a pair of songwriters one last shot to bring copyright claims against Taylor Swift for allegedly ripping off lyrics to the 3LW song “Playas Gon’ Play" in her 2014 hit “Shake It Off,” saying at the same time that the lines at issue are too short and insufficiently creative to merit Copyright Act protection.

  • February 13, 2018

    Life Science Investor Suits Spiked In '17, Dechert Reports

    The number of securities class actions investors filed against life sciences companies dramatically increased in 2017, reaching a record-high 88, according to a report recently released by Dechert LLP.

  • February 13, 2018

    Consumer Drops $5M Robocall Suit Against Timeshare Co.

    The lead plaintiff in a proposed class action accusing timeshare company Marriott Vacation Club of violating the Telephone Consumer Protection Act by making unsolicited robocalls to her cellphone dropped her $5 million lawsuit against the company Tuesday in California federal court.

  • February 13, 2018

    Insurer Tells 9th Circ. Fee Kickback Suit Not Covered

    Hanover Insurance Co. asked the Ninth Circuit on Tuesday to reverse a lower court’s finding it must defend a real estate brokerage firm in a proposed class action over an alleged kickback scheme, arguing those claims stem from alleged deceptive business practices that are excluded under its policy.

  • February 13, 2018

    9th Circ. Botched Sanctions Ruling, Startup Argues

    Indiezone Inc. asked the Ninth Circuit on Tuesday to rethink its decision that a lower court correctly sanctioned the startup and its lawyer for bringing a “sham” company into its case alleging that former employees conspired to steal its $1 billion e-commerce processing software.

  • February 13, 2018

    Finjan Drops IP Retrial Against Symantec Unit, Signals Deal

    Finjan Inc. announced Monday it had vacated a California federal patent infringement retrial set to start that day against a Symantec Corp. unit, saying it reached confidential settlement terms with its cybersecurity rival and expects by the month’s end to finalize a “definitive agreement.”

  • February 13, 2018

    Universal Takes Film Relocation Coverage Fight To 9th Circ.

    Universal Cable Productions told the Ninth Circuit on Monday that a California federal court erroneously foreclosed its bid for coverage of the cost to move production of a TV series away from Jerusalem amid a 2014 armed conflict between Israel and the Hamas militant group, saying the lower court improperly applied an exclusion for war-related losses.

  • February 13, 2018

    Gerber Buyers Denied Cert. In Baby Food False Ad Suit

    A California federal judge on Tuesday declined for a second time to certify a class of consumers accusing Gerber Products Co. of misbranding baby food, saying the company already changed the disputed labels and the proposed damages models are flawed.

  • February 13, 2018

    Vice Media Accused Of Shorting Women On Pay, Promotions

    A former employee at Vice Media Inc. said the millennial-focused news and entertainment company is grossly underpaying its female employees compared to their male counterparts, according to a suit filed in California state court on Tuesday.

  • February 13, 2018

    McDonald's Hit With ADA Class Action Over Drive-Thru Hours

    Fast-food giant McDonald's was hit with a putative class action in Illinois federal court Tuesday from a customer who claims her and other visually impaired people's inability to access McDonald's during drive-thru-only hours is a violation of the Americans with Disabilities Act.

  • February 13, 2018

    VidAngel Asks 9th Circ. To Revive Claims Against Studios

    VidAngel Inc. urged the Ninth Circuit on Monday to revive its antitrust counterclaims against Disney Enterprises Inc., Lucasfilm Ltd. LLC and other studios in their copyright suit against the streaming service, arguing a California federal judge held its conspiracy theory to too harsh a standard.

  • February 13, 2018

    Verizon Users Can't Sustain 'Supercookies' Suit, Court Told

    Online marketer Turn Inc. on Monday previewed its latest strategy for shaking a recently resurrected putative class action claiming it secretly tracked Verizon subscribers with "supercookies," telling a California federal court that the plaintiffs have failed to allege a concrete injury and had authorized the disputed data collection.

  • 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.

Expert Analysis

  • 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.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How IRS Is Targeting Offshore Accounts, Virtual Currency

    Kathleen Gregor

    Despite continuing Internal Revenue Service budget cuts and significant attrition among experienced special agents, the agency's Criminal Investigation Division is keeping the pressure on in the new year. More than ever, taxpayers with unreported assets, whether offshore or in the form of virtual currencies, are advised to take proactive steps, say attorneys with Ropes & Gray LLP.

  • Breaking The Workplace Silence Safely

    Jack Schaedel

    If companies are not careful about how messages regarding workplace harassment are communicated, and don’t first take the time to think about how some workers will perceive them, it can actually create the very problem they're trying to avoid, says Jack Schaedel of Scali Rasmussen.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Opinion

    An Important Evidentiary Issue In The ‘Blurred Lines’ Appeal

    Richard Busch

    The "Blurred Lines" verdict on copyright infringement and the district court’s decision sustaining that verdict were not at all surprising, decided in conformity with well-established Ninth Circuit precedent. However, there was an evidentiary decision that, if it stands on appeal, could have far-reaching implications for future cases, says Richard Busch of King & Ballow, who represents the Gaye family in this case.