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California

  • December 10, 2018

    9th Circ. Won't Revive Sex Assault Suit Against NBA Star

    The Ninth Circuit declined Monday to sanction a woman who unsuccessfully sued NBA star Derrick Rose and his friends for $21.5 million for allegedly sexually assaulting her, but declined to revive the suit, defending a district court's decisions regarding what evidence to allow.

  • December 10, 2018

    Acosta Sales Unit Agrees To $3M Deal To End OT Suit

    An Acosta Sales & Marketing unit has agreed to pay $3 million to end a class action alleging it stiffed thousands of workers on overtime pay for work they did before and after their shifts, according to a document filed Friday in California federal court.

  • December 10, 2018

    Alsup Probes Patent Trial Jury Pool On UFOs, Telekinesis

    U.S. District Judge William Alsup questioned prospective jurors about their beliefs in aliens, telekinesis and UFOs on Monday at the start of a trial over Finjan Inc.'s allegations that Juniper Network Inc.'s malware detection products infringe its security patent, saying it's "interesting" to see which party "knocks off" jurors with scientific backgrounds.

  • December 10, 2018

    Supreme Court To Review Merchant Seaman Injury Suit

    The U.S. Supreme Court said Friday it will hear a suit brought by an injured merchant seaman seeking punitive damages for the common-law maritime claim of unseaworthiness in a case that will likely resolve a conflict among the Fifth and Ninth Circuits.

  • December 10, 2018

    Medical Device Exec Beats Charges Of Tipping Orioles Player

    Federal prosecutors have abandoned insider trading and perjury charges against medical device executive James Mazzo after two juries deadlocked on whether he intended to tip longtime Orioles third baseman Doug DeCinces to merger plans.

  • December 10, 2018

    FINA Has Stranglehold On Swimming Competitions, Suit Says

    Three international champion swimmers and the nascent International Swimming League have accused the Fédération Internationale de Natation, or FINA, of leveraging its power over access to the Olympics to crush the league's attempts to organize competitions.

  • December 10, 2018

    Scotts To Pay Up To $85M Over Pesticide-Tainted Bird Seed

    Scotts Miracle-Gro Co. reached a deal Friday in California federal court with a class of consumers who accused the lawn company of knowingly selling bird food laced with toxic pesticides in which it will pay up to $85 million, depending on how many class members come forward.

  • December 10, 2018

    Justices Flush Kimberly-Clark's Appeal In Wipes Case

    The U.S. Supreme Court on Monday refused to hear Kimberly-Clark Corp.’s appeal of a Ninth Circuit decision allowing a putative class plaintiff to seek injunctive relief over claims the consumer products giant falsely advertised its wet wipes as “flushable.”

  • December 10, 2018

    9th Circ. Won't Stay Order Blocking Trump's Asylum Policy

    The Ninth Circuit on Friday rejected the Trump administration's request to allow its rule stripping asylum eligibility from migrants who cross the southern border outside a designated port of entry to go into effect while a lower court order blocking the policy is on appeal.

  • December 10, 2018

    Stradling Nabs Ex-Sheppard Mullin M&A Partner

    Stradling Yocca Carlson & Rauth PC has hired a Sheppard Mullin Richter & Hampton LLP partner with years of experience representing private equity firms, medical device makers and technology clients in mergers and acquisitions.

  • December 10, 2018

    Couple Seeks 9th Circ. Redo On $35M EB-5 Fraud Judgment

    The Ninth Circuit should rehear a case in which a panel affirmed a nearly $35 million judgment against a husband and wife who bilked investors out of millions in an EB-5 visa scheme related to a cancer treatment center they never built, as the court did not properly consider inflation and the value of a green card, the couple argued Friday.

  • December 10, 2018

    Kellogg’s Breakfast Bars Contain Pesticide, Buyers Say

    A proposed class of consumers has accused Kellogg Co. in California federal court of hiding the presence of a potentially carcinogenic pesticide in its oat bran cereal and breakfast bars, claiming the company has a duty to warn its customers of the danger.

  • December 7, 2018

    Calif. School Vaccine Law Upheld As Panel Pans 'Hyperbole'

    California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case.

  • December 7, 2018

    Quad/Graphics Must Pay Pension Fund, 9th Circ. Says

    Wisconsin-based marketing and printing firm Quad/Graphics Inc. will have to pay a multi-employer pension plan several million dollars after a Ninth Circuit appeals panel on Friday upheld a lower court's ruling that the fund had correctly calculated how much the company owed after it pulled out of the plan.

  • December 7, 2018

    Thrift Preemption No Help For Chase In Calif. Suit: Judge

    A San Francisco federal judge ruled Friday that Chase must face a proposed class action over its alleged failure to comply with a California mortgage escrow interest law, finding the preemption once enjoyed by the failed federal thrift originator of the plaintiffs' mortgages doesn't cover Chase's subsequent handling of the loans.

  • December 7, 2018

    Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

    A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.

  • December 7, 2018

    Telecom Contract Row Paused Pending Arbitrator Ruling

    A California federal court has paused an American IT company’s suit accusing Dutch telecom Veon Ltd. and its former Italian subsidiary, Wind Tre, of fraud, ruling that an arbitrator must determine whether the dispute should be handled through arbitration.

  • December 7, 2018

    Student Loan Co. CEO Arrested On Charges Of $28M Fraud

    A California financial services executive was arrested while trying to board a flight out of the country and charged with wire fraud for allegedly running a phony student loan debt relief scheme, the U.S. Department of Justice announced in a statement issued Thursday.

  • December 7, 2018

    Amazon Cuts Deal With Calif. DAs Banning Foie Gras Sales

    Amazon.com Inc. has agreed to pay approximately $100,000 to resolve allegations brought by California district attorneys that it violated a state consumer protection statute by selling force-fed foie gras online, Los Angeles and Monterey counties said Friday.

  • December 7, 2018

    VW Tells 9th Circ. Counties' Emissions Claims Preempted

    Volkswagen AG has told the Ninth Circuit that counties in Florida and Utah cannot revive their claims the German automaker violated local rules by tampering with emissions software in certain diesel vehicles, insisting they’re preempted by the Clean Air Act.

Expert Analysis

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • Consider Potential Risks Of Scraping Publicly Available Data

    Kris Kappel

    One legal regime currently wrestling with the concept of data scraping is the Computer Fraud and Abuse Act. An important distinction that is emerging from the CFAA case law is whether the targeted data is publicly available or private and protected, say Kris Kappel and Liam Reilly of Husch Blackwell LLP.

  • Beware California Northern District's Class Action Updates

    Niki Mendoza

    If you are a class action litigator and haven’t been paying attention to the new guidance on class action settlements issued by the Northern District of California, you should now, says Niki Mendoza of Epiq.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • A Post-Election Survey Of The Health Care Ecosystem

    Andrew Bab

    Health care featured prominently in the 2018 midterm election campaign. Here, attorneys with Debevoise & Plimpton LLP offer thoughts on what the election results and a divided Congress mean for different sectors of the health care industry.

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.