California

  • December 12, 2017

    State AGs Fight To Block Trump's Birth Control Rules

    Five state attorneys general urged a California federal judge at a hearing Tuesday to block the Trump administration’s proposed rules limiting access to birth control, arguing the rules violate the Affordable Care Act and will allow employers to unconstitutionally deny millions of women coverage for contraceptives by invoking religious beliefs.

  • December 12, 2017

    Calif. Jury Slaps Talc Makers With $4.6M Punitive Damages

    A California jury awarded $4.6 million in punitive damages on Monday to the family of a man it found developed mesothelioma from asbestos, bringing to $22.17 million the total verdict against Imerys Talc America Inc. and Vanderbilt Minerals LLC, the latter of which has now settled, according to counsel.

  • December 12, 2017

    Audi, Bosch Say Gas-Vehicle Emissions Suit Is Too Vague

    VW, Audi and Bosch urged a California federal court Monday to throw out a proposed class action alleging they conspired to install illegal “defeat devices” in various gasoline-fueled vehicles, saying the drivers bringing the suit are attempting to piggyback off similar cases over diesel-fueled vehicles.

  • December 12, 2017

    Banc Of Calif. Says Board Never Heard Shareholder Claims

    Banc of California Inc. urged a California federal judge on Monday to toss a shareholder suit alleging four of its directors used a scandal tying top executives to an admitted fraudster to wrest control of the bank, saying the shareholder failed to bring his complaints to the bank’s board before filing suit as required by law.

  • December 12, 2017

    MoFo, Boies Attys To Answer Waymo Queries In Uber IP Suit

    Attorneys from Morrison & Foerster LLP and Boies Schiller Flexner LLP will answer select written questions in Waymo’s lawsuit accusing Uber of stealing self-driving trade secrets after Uber objected to their depositions on the heels of a trial postponement over allegedly withheld evidence, according to an order filed in California federal court on Tuesday. 

  • December 12, 2017

    Calif. Surrogacy Agency Not Covered For Negligence Suit

    Admiral Insurance Co. need not defend a surrogacy agency in a negligence suit brought by former clients whose surrogate-born daughter developed a rare form of eye cancer, as the agency failed to disclose the claim on its policy application, according to a California appellate opinion filed Tuesday.

  • December 12, 2017

    Pier 1 Imports' $3.5M 'Flex Shift' Deal Gets Initial OK

    A California federal judge on Monday approved class certification for employees of Pier 1 Imports, simultaneously granting preliminary approval of a $3.5 million settlement that reimburses them for hours they spent working without pay while checking in to find out if they had to work a "flex shift."

  • December 12, 2017

    Retailers Settle Claims Against Teikoku In Lidoderm MDL

    A handful of retailers, including Walgreen Co., Rite Aid Corp., CVS Pharmacy Inc. and Kroger Co., told a California federal court Tuesday that they have settled claims against Japanese pharmaceutical company Teikoku and a domestic subsidiary in antitrust multidistrict litigation over the Lidoderm pain patch.

  • December 12, 2017

    Calif. Hashes Out Regs For Recreational Pot Legalization

    As California prepares for the legalization of recreational marijuana next year, state authorities are issuing emergency regulations and rules to usher in cannabis sales beginning Jan. 1.

  • December 12, 2017

    Charlie Sheen Hits Enquirer For Defamation Over Rape Story

    Actor Charlie Sheen claims in a defamation suit filed in California state court that the National Enquirer Inc. fabricated a story about him raping now-deceased actor Corey Haim when Haim was only 13.

  • December 12, 2017

    Class Treatment Sought In IRS Row Over Late-Filed Returns

    A California man asked a federal judge on Monday to certify a group of taxpayers in a suit against the IRS, alleging the agency lacks the authority to assess taxes on some late-filed tax returns.

  • December 12, 2017

    Uranium Mine Near Grand Canyon Can Stay, 9th Circ. Rules

    The Ninth Circuit on Tuesday backed a lower court’s decision rejecting challenges from a Native American tribe and environmental groups mounted against a uranium mining project near the Grand Canyon, the same day the court upheld a ban on new mining claims in the area.

  • December 12, 2017

    Kozinski Porn Claims Put Heat On 9th Circ. Chief To Act

    The head of the Ninth Circuit has a few options for answering allegations that Circuit Judge Alex Kozinski showed porn to female clerks and engaged in sexual banter about them, but ignoring the issue shouldn’t be one of them, federal court watchers said.

  • December 12, 2017

    AT&T Customers Must Arbitrate Data Usage Suit: 9th Circ.

    The Ninth Circuit on Monday refused to let a proposed class of AT&T wireless customers out of arbitration on their claims the company lied about its unlimited mobile data plan, finding that the Federal Arbitration Act doesn’t violate their constitutional right to have their case heard in court.

  • December 12, 2017

    Calif. Panel 'Mystified' By Class Expert's Nix In Wage Suit

    A California appeals court was “somewhat mystified” by a trial judge's exclusion of expert evidence in support of certifying a class of janitors in a wage and hour suit against ABM Industries Inc., ruling Monday that certification was wrongly denied.

  • December 12, 2017

    Actavis Asks Calif. Justices To Revive Opioid Coverage Bid

    Actavis asked California's high court late Monday to resurrect its effort to obtain coverage from Travelers for lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and caused a spike in heroin use, saying an appellate court's decision favoring the insurer bucked decades of precedent.

  • December 12, 2017

    Rosen Asks To Lead Tesla Shareholders In Stock-Drop Suit

    The Rosen Law Firm PA made a push Monday to lead Tesla shareholders in a California stock-drop suit alleging the electric car maker failed to disclose it was experiencing production delays on its Model 3 sedan, supposedly resulting in a nearly 4 percent drop in its stock price.

  • December 12, 2017

    Winstead, Haynes And Boone Steer $55M Calif. Hyatt Loan

    Winstead PC represented Rael Development Corp. in connection with its $55 million construction loan from Haynes and Boone LLP-counseled Hall Structured Finance for a Hyatt hotel and retail project in Palm Springs, California, according to an announcement on Tuesday from the companies.

  • December 12, 2017

    Disney Can’t Cut Claims From ‘Turner & Hooch’ Profit Suit

    A California judge on Tuesday shut down Disney’s attempt to trim a lawsuit accusing the studio of failing to pay the producer of “Turner & Hooch” a fair share of the film’s profits, finding that business violations and intentional interference claims aren’t moot despite a recently completed audit.

  • December 12, 2017

    Calif., NM Urge Judge To Nix Challenges To BLM Flaring Rule

    California and New Mexico on Monday urged a Wyoming federal judge to deny a bid by several other states and industry groups to undo the U.S. Bureau of Land Management’s rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

Expert Analysis

  • Clarifying CERCLA Allocation For Gov't Contractors

    Thomas Dimond

    Following the Ninth Circuit's recent decision in TDY Holdings v. U.S., government contractors and others whose property and equipment was used to support wartime production should be aware of several factors that could determine whether you obtain significant Comprehensive Environmental Response, Compensation and Liability Act contribution from the federal government, say Thomas Dimond and Kelsey Weyhing of Ice Miller LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Idea Theft And Free Speech: A 9th Circ. Victory For Writers

    Glen Kulik

    The Ninth Circuit's recent anti-SLAPP ruling in Jordan-Benel v. Universal City Studios is the most significant decision of the past decade in the field of idea theft litigation in California, say Glen Kulik and Patricia Brum of Kulik Gottesman Siegel & Ware LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • The Broad Reach Of Medicare Act’s Preemption Provision

    Jeffrey Bushofsky

    When defending claims involving Medicare, it is important to consider whether they may be preempted by state or local laws. An Illinois federal court's recent decision in Mayberry v. Walgreens highlights just how far Medicare preemption can reach, say attorneys with Ropes & Gray LLP.

  • 5 Ways Retailers Can Avoid Holiday Employment Headaches

    John Richards

    During the holiday season, employees are more likely to request time off or call in sick. For retailers, however, this time of year typically means increased customer demand, staffing challenges and potential for more wage and hour exposure. Given these issues, attorneys at Greenberg Traurig LLP offer a few tips for retailers to keep in mind.

  • Expiring Soon: Temporary BPA Warning Regs Under Prop 65

    Robert Falk

    With the holidays and end of the year in mind, Robert Falk and Michael Steel of Morrison & Foerster LLP outline what food and beverage manufacturers and sellers should know before the temporary safe harbor warning for Bisphenol A exposures under California’s Proposition 65 expires at the end of next month.

  • What To Look For In Cyan V. Beaver County Oral Arguments

    William O'Brien

    On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.