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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.
Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.
Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.
In recent years, severe weather events and natural catastrophes have been on the rise in California and elsewhere. Some insurers are becoming more restrictive with their homeowners policies, leaving many without adequate insurance for natural disasters, says Edward Murphy of Foran Glennon Palandech Ponzi & Rudloff PC.
The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.
A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.
Given the incentives to organize vertically, California cannabis regulators will need to identify and challenge harmful vertical integration, but allow efficiency-improving integration in cannabis markets and revise regulations to reduce inefficiencies, says Georgina Moreno of Econ One Research Inc.
One of the most significant questions raised by last year's landmark Bristol-Myers Squibb decision is whether and how it applies to the claims of absent class members in the context of federal class action litigation, particularly with respect to claims that do not arise under a statute authorizing nationwide service of process, say attorneys with Morgan Lewis & Bockius LLP.
Legal and technological disruptions in the advertising space last year outpaced the development of prior years. Although many topics contributed to this industry upheaval, there are five trends that shaped 2017 and will continue to develop in the coming years, say Jason Gordon and Andrew Levad of Reed Smith LLP.