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California

  • May 16, 2018

    Liberty, Travelers Off Hook For Costs In Ala. Enviro Cleanup

    A California federal judge on Tuesday ruled that Liberty Mutual and Travelers don’t have to cover environmental cleanup costs for an electronics company that struck a deal with an Alabama regulator, finding the policies only obligated the insurers to pay costs racked up as damages from a lawsuit.

  • May 16, 2018

    BofA Loses Bid For 9th Circ. Redo Of Calif. Escrow Ruling

    The full Ninth Circuit will not rehear a panel decision that revived a putative class action alleging that Bank of America NA skirted state law by electing not to pay interest on mortgage escrow accounts, circuit judges said in an order Wednesday.

  • May 16, 2018

    Mortgage Scam Suit Coverage Barred, Hartford Tells 9th Circ.

    Hartford Casualty Insurance Co. asked the Ninth Circuit on Tuesday to uphold a ruling that it does not have to defend or indemnify a California company for claims that it charged illegal mortgage modification fees, saying the uncovered claims against it cannot be separated from the potentially covered ones.

  • May 16, 2018

    9th Circ. Clarifies Anti-SLAPP Law In Planned Parenthood Row

    A California federal judge was correct when he nixed anti-abortion activists' free speech challenge to Planned Parenthood’s suit over their secretly recorded videos, the Ninth Circuit ruled in a published opinion Wednesday that clarified how to square California’s anti-SLAPP statute with federal civil procedure rules.

  • May 16, 2018

    Intuit Gets Negligence Claim Tossed In Calif. Class Action

    A California federal court dismissed claims of negligence and aiding and abetting fraud asserted by two plaintiffs in a proposed class action against Intuit Inc., the maker of TurboTax software, saying Tuesday that the alleged injuries were not reasonably foreseeable.

  • May 16, 2018

    Mugshots.com Exploited Those Arrested, Calif. AG Says

    Four men allegedly behind Mugshots.com were charged Wednesday with extortion, money laundering and identity theft, with California's attorney general saying the company’s “scheme” requiring payment to remove an individual’s booking photo from the website is “exploitation, plain and simple.”

  • May 16, 2018

    Stan Lee Sues Media Co. For $1B To Reclaim His Name

    Famed comic book creator Stan Lee hit Pow Entertainment Inc. with a $1 billion fraud suit in California state court Tuesday that claims the company he helped to create profited by stealing his identity, likeness, name and image.

  • May 16, 2018

    Oakland Lacked Evidence For Coal Shipping Ban, Judge Says

    A California federal judge said Tuesday that Oakland could not ban a cargo shipping terminal developer's proposed coal operations based on claims they would pose a substantial health or safety risk, finding the city violated its contract with the firm by passing regulations without enough evidence of danger.

  • May 16, 2018

    Calif. Court OKs $6.2M Award For Woman’s Childbirth Death

    A California appeals court has affirmed a $6.2 million judgment against a doctor in a suit accusing the doctor and a hospital of causing a woman’s death after she gave birth via cesarean section, saying a jury verdict in favor of the patient’s estate is supported by substantial evidence.

  • May 16, 2018

    Glad Products Claims Rival Rips Off Its Logo And Trademarks

    Resealable food storage and trash bag maker The Glad Products Co. slapped a competitor with a trademark infringement suit in California federal court Tuesday, accusing it of making similar products with logos and trade dress that rip off Glad’s well-known household brands in an attempt to deceive consumers.

  • May 16, 2018

    AT&T Customers Can’t Accelerate NSA Docs Hearing

    A California federal judge summarily refused Wednesday to accelerate a hearing considering access to classified materials sought by AT&T customers pursuing a putative class action over records collected by the National Security Agency.

  • May 16, 2018

    Venture Capitalist Wants Out Of Tezos Token Offering Suit

    A venture capitalist and his firm asked a California federal judge on Tuesday to boot them from a consolidated action accusing the Tezos blockchain network’s executives of offering Tezos tokens as unregistered securities, saying they had no hand in the alleged securities violations.

  • May 16, 2018

    9th Circ. Probes Calif. FCA In Office Depot Row With AIG

    Office Depot on Wednesday urged a Ninth Circuit panel to revive its bid to force an AIG unit to cover its costs in a suit alleging it violated California's False Claims Act by overbilling public agencies, asserting claims under the CFCA are not necessarily subject to state law barring coverage for willful acts.

  • May 16, 2018

    Samsung Fights Sanctions Bid In Panasonic Antitrust Suit

    Samsung Electronics Co. Ltd. urged a California federal court on Tuesday not to sanction the company over its suit alleging Panasonic Corp. colluded with others to monopolize the flash memory card market, arguing Panasonic is glossing over the main part of the alleged scheme.

  • May 16, 2018

    MetLife Must Cover Amputation After Crash, 9th Circ. Says

    Metropolitan Life Insurance Co. owes benefits to a man and his wife for the amputation of the former's leg resulting from a car accident, the Ninth Circuit ruled Wednesday, finding that the fact that his diabetes may have contributed to him needing the procedure didn’t preclude coverage as the lower court said.

  • May 16, 2018

    Ex-Franklin Templeton Worker Seeks Cert. In 401(k) Row

    A former Franklin Templeton employee asked a California federal court on Tuesday to certify her proposed class of more than 5,000 members over allegations the company's 401(k) plan was mismanaged and full of poorly performing in-house mutual funds.

  • May 16, 2018

    Apparel Brand Lulus Reaps $120M From 2 Investment Firms

    California-based women's apparel brand Lulus has scored a $120 million investment from venture capital and growth equity firm IVP and global investment manager Canada Pension Plan Investment Board, the company said Wednesday.

  • May 16, 2018

    Enviros Score In Bi-State Sage Grouse Protection Battle

    A California magistrate judge handed a quick win Tuesday to four environmental groups challenging the U.S. Fish and Wildlife Service’s decision to reverse course on a plan to protect the bi-state sage grouse under the Endangered Species Act.

  • May 16, 2018

    $250M Yacht Linked To 1MDB Scheme To Be Brought To US

    The owners of a $250 million luxury yacht entangled in the 1Malaysia Development Bhd. embezzlement scandal must turn the vessel over to U.S. authorities, a California federal judge said Tuesday, finding the government was authorized to request the yacht’s relocation to U.S. waters as part of civil forfeiture proceedings.

  • May 16, 2018

    EPA's Wehrum Hopes To Avoid Calif. Fuel Economy Fight

    The U.S. Environmental Protection Agency will continue to negotiate with California in an effort to stave off a brewing legal war over greenhouse gas emissions regulations for vehicles, top agency air official Bill Wehrum told a House panel Wednesday.

Expert Analysis

  • 2 Clear Takeaways From 9th Circ. Equal Pay Decision

    Tara Presnell

    On Monday, in Rizo v. Yovino, the Ninth Circuit held that prior salary, standing alone or in combination with other factors, cannot justify a wage differential between male and female employees under the Equal Pay Act. Employers should note two significant aspects of the court's opinion, says Tara Presnell of Littler Mendelson PC.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Case Against Calif. Sanctuary City Laws Faces Tough Fight

    Matthew Kolodziej.png

    The Trump administration recently filed suit against California to overturn its so-called sanctuary city laws, alleging they interfere with and are preempted by federal immigration law. However, the case may face an uphill battle in the short term in the liberal Ninth Circuit, even with support from certain localities, says Matthew Kolodziej of Jia Law Group.

  • Calif. Case Shows Propriety Of Telecom CEQA Exemptions

    Michael Shonafelt

    A California appellate court's recent decision in Aptos v. Santa Cruz clarifies that "small cell" telecommunications networks in public streets and highways are exempt from California Environmental Quality Act review. This case comes at a time when the telecom industry and local governments both need certainty on the applicability of CEQA exemptions, says Michael Shonafelt of Newmeyer & Dillion LLP.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Attys Must Remember Duty Of Confidentiality When Online

    Trisha Rich

    In a recent opinion on lawyers' public online commentary, the American Bar Association noted that even when attorneys don't name clients, a breach of confidentiality can occur if a third party could deduce the client's identity. But state laws can differ, so lawyers must know their own jurisdictions' rules, say Trisha Rich and Allison Martin Rhodes of Holland & Knight LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • A 9th Circ. Warning For Game Apps With Micro-Transactions

    Christopher Queenin

    Courts that have addressed virtual game currencies have found that developers do not run afoul of state gambling laws so long as the virtual currencies have no transferable monetary value outside of the game. But the Ninth Circuit disagreed last month in Kater v. Churchill Downs, says Christopher Queenin of Nixon Peabody LLP.

  • Encino Bodes Well For Employers In FLSA Cases And Beyond

    Ellen Boshkoff

    The U.S. Supreme Court's ruling in Encino Motorcars v. Navarro positions employers to better defend their Fair Labor Standards Act classification decisions, and provides a possible basis for employers to challenge a host of judicial interpretations of other employee rights statutes, say Ellen Boshkoff and Samantha Rollins of Faegre Baker Daniels.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.