• May 18, 2018

    9th Circ. Revives Vitamin E Labeling Row Over Heart Claims

    The Ninth Circuit resurrected a proposed class action alleging that the heart health claims on Pharmavite LLC’s vitamin E supplements are misleading, saying under California law, individual class members don't have to show they relied on the allegedly misleading statements.

  • May 18, 2018

    BMW Seeks Toss Of German Auto Antitrust MDL

    BMW asked a California federal court Thursday to reject multidistrict litigation claiming it participated in a decadeslong antitrust conspiracy with fellow German automakers Audi, Volkswagen, Mercedes-Benz and others on car technology, costs, suppliers and emissions equipment, saying the buyers’ ill-defined antitrust injuries and illogical claims do not hold up.

  • May 18, 2018

    Lennar Wants $970M CalPERS Fraud Suit In Bankruptcy Court

    A suit alleging that Miami-based home builder Lennar created and bankrupted a development company in order to swindle $970 million from the California Public Employees' Retirement System belongs in a Delaware bankruptcy court, the builder said Thursday.  

  • May 18, 2018

    Class Cert. Denied In Herbicide False-Advertising Suit

    A California federal judge refused Thursday to certify a class of consumers on false-advertising claims about how much herbicide could be made from bottles of concentrate, saying the lead plaintiff’s own personal claims put him outside the class.

  • May 18, 2018

    Drone Maker Hushed Up Bomb-Laden Flight: Whistleblower

    A defense contractor that makes weaponized drones for the military has been accused in California state court of firing an employee who tipped off federal investigators about the company's efforts to cover up an incident in which a worker traveled on a commercial flight with a drone containing a bomb, according to a lawsuit unsealed Friday. 

  • May 18, 2018

    Nissan Must Face 5-State Shattering-Sunroof Suit

    A California federal judge on Thursday rejected an effort by Nissan North America Inc. to partly dismiss a suit that accuses the automaker of violating five states’ consumer protection laws by selling vehicles with defective panoramic sunroofs, saying the latest version of the suit passes muster under the laws of Illinois, California and Colorado.

  • May 18, 2018

    Gov't Gets Quick Win In Executor's $3.8M Estate Tax Row

    A California federal judge has granted summary judgment against an estate to deny a $3.8 million estate tax refund, ruling its decedent retained control over assets placed in a trust to fund her annuity.

  • May 18, 2018

    Calif. Hospital Must Reinstate Canceled Raises, DC Circ. Says

    A California hospital violated federal labor law by canceling anniversary raises for a group of registered nurses without permission from the Service Employees International Union local that represents them, the D.C. Circuit said Friday in an opinion enforcing a National Labor Relations Board order.

  • May 17, 2018

    Bruce Willis’ $5M Fee Win Reversed By Calif. Court

    Bruce Willis can’t force a film producer to pay a $5 million arbitration award the producer’s company owes the actor, a California appellate court ruled Thursday, finding that because the producer hadn’t signed the film contract personally, he wasn’t required to pay up.

  • May 17, 2018

    Kohl's Should Pay For False Markdowns, 9th Circ. Hears

    A Kohl's customer alleging that she bought clothes from the retailer based on false markdown pricing told a Ninth Circuit panel on Thursday that a lower court erred when it found she could not seek restitution by calculating what she would have paid had she not been defrauded by the misleading price tags.

  • May 17, 2018

    EA Says Ex-NFLers' Game Likeness Suit Relies On 'Say-So'

    Electronic Arts Inc. urged a California federal judge Thursday to end allegations it improperly used retired NFL players’ likenesses in Madden video games, or to at least deny the players’ bid for class certification, saying that after years of discovery, they have no proof their avatars are identifiable “other than their say-so.”

  • May 17, 2018

    Calif., NY, Ore. Push On In Fiduciary Rule Case

    The attorneys general of California, New York and Oregon showed on Wednesday that they aren't ready to give up the fight to save the U.S. Department of Labor's fiduciary rule, asking the full Fifth Circuit for permission to intervene in the case after a three-judge panel wouldn't let them.

  • May 17, 2018

    Google Beats Bid To Bar Patent Challenge In Balloon IP Suit

    A California federal judge Thursday wouldn’t bar Google from disputing the validity of Space Data Corp.’s patent claims in litigation accusing Google of stealing its balloon-based internet technology, rejecting Space Data’s argument that a U.S. Patent and Trademark Office decision blocks the challenge.

  • May 17, 2018

    PayPal Announces Deal To Buy Sweden's iZettle For $2.2B

    PayPal Holdings Inc. announced Thursday it has agreed to pay $2.2 billion to acquire Sweden’s iZettle, a payments platform boasting nearly half a million merchants across 11 international markets, in a bid to strengthen in-store presence by acquiring the business behind the world’s first mini chip card reader.

  • May 17, 2018

    Judge Probes Quinn Attys On 'Games' In Apple-Samsung Trial

    U.S. District Judge Lucy Koh on Thursday ordered Quinn Emanuel attorneys representing Samsung to provide the flight itinerary and boarding pass of a witness they suddenly dropped after Apple rested its case in a billion-dollar California patent damages trial, saying she wants to see if they're "playing games." A trial between Apple and Samsung played out all week in a San Jose courtroom, closing Friday. Here's one of our top-read stories on the proceedings from this week.

  • May 17, 2018

    Honest Co.'s Organic Formula Not Up To Calif. Par, Org Says

    The Organic Consumers Association urged a California appeals court on Thursday to revive its suit accusing Jessica Alba-founded The Honest Company of falsely claiming that its baby formula is organic, arguing that the federally certified formula doesn't meet California's higher standards for organic products.

  • May 17, 2018

    LA Jury Awards $6.3M To Pedestrian Hit By Tour Bus

    A Los Angeles jury awarded $6.3 million on Wednesday to a woman who was hit by a turning tour bus as she crossed the street at a crosswalk, according to the plaintiff's counsel.

  • May 17, 2018

    Transpo Cos. Brace For Post-Dynamex Legal Onslaught

    The California Supreme Court's recent Dynamex decision upending the standard for determining whether workers are employees or independent contractors will trigger a fresh wave of misclassification lawsuits against trucking, logistics, port service and gig-economy companies, attorneys say, forcing many to re-evaluate their business models.

  • May 17, 2018

    Emerson Seeks Peek At Facebook Deal In $30M IP Theft Suit

    Emerson Electric told a skeptical California federal judge Thursday it wants former co-defendant Facebook to disclose its confidential deal to exit BladeRoom Group Ltd.’s trade secret suit, saying any financial settlement could offset the $30 million a jury said it owes BladeRoom.

  • May 17, 2018

    NL Industries To Pay $60M To End Calif. Lead Paint Suit

    After nearly two decades, a slew of California cities and counties have accepted a $60.2 million deal from NL Industries Inc. to end lead paint allegations in California state court and fund remediation of lead paint in homes, the San Francisco city attorney announced Wednesday.

Expert Analysis

  • 9th Circ. Lowers The Bar On Tender Offer Claims

    William Sullivan

    The Ninth Circuit’s recent decision in Varjabedian v. Emulex Corp. substantially diminished the initial burden in pleading claims related to tender offers under Section 14(e) of the Exchange Act. This provides plaintiffs with a reason to bring their cases in the Ninth Circuit, say attorneys with Paul Hastings LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • Opinion

    State AGs Must Fill The CFPB Void, But That's Not Enough

    Karl Racine

    With Mick Mulvaney gutting the Consumer Financial Protection Bureau, the burden of standing up to giant, deep-pocketed financial institutions falls more heavily on state attorneys general. But in the end, such efforts can’t replace the power the CFPB has to protect consumers across all states equally, says District of Columbia Attorney General Karl Racine.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Insurance Type Can Affect Choice Of Law Analysis In Del.


    The Delaware Superior Court's decision in Arch Insurance Co. v. David Murdock underscores the importance of the choice of law analysis in insurance coverage disputes and reaffirms a distinction previously recognized, but not always applied, between D&O and general liability policies, say Jennifer Wasson and Carla Jones of Potter Anderson & Corroon LLP.

  • Congress Makes A Splash By Tackling Tip Pools

    Marc Zimmerman

    The tug of war over which restaurant employees are entitled to a piece of customer gratuities continues. Seven years after the U.S. Department of Labor issued regulations expressly prohibiting employers from requiring tipped employees to share gratuities with nontipped staff, the rope has moved in the opposite direction, say Marc Zimmerman and Kathryn Lundy of Michelman & Robinson LLP.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • The Carbon Tax Could Come Soon To A State Near You

    Ryan Maness

    Despite recent setbacks in state legislatures, this year's carbon tax push has been the most successful in American history, demonstrating that the idea has carved a place in our political landscape, says Ryan Maness, tax counsel at government relations services firm MultiState Associates Inc.

  • Bristol-Myers Squibb: A Dangerous Sword

    Neil Tyler

    Even if courts begin to consistently dismiss putative nationwide classes based on Bristol-Myers Squibb Co. v. Superior Court of California, filing a motion to dismiss for lack of personal jurisdiction may not always be the best strategic and business decision for defendants, say Neil Tyler and Claudia Vetesi of Morrison & Foerster LLP.