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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.