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  • September 17, 2018

    Mercedes-Benz Says It Isn't Liable For Defects In Used Cars

    Mercedes-Benz USA has asked a California federal judge to dismiss a proposed consumer class action alleging the company sold them cars with faulty transmissions, with the automaker arguing it can hardly be held responsible when the drivers bought their cars used, fourth-hand and not from Mercedes-Benz dealerships.

  • September 17, 2018

    9th Circ. Revives ADA Suit, Says Worker's Injury Is Disability

    A Ninth Circuit panel revived a delivery employee's disability lawsuit against a food distribution company in Hawaii on Monday after unanimously concluding that a district court applied an outdated and restrictive view of what constitutes an injury. 

  • September 17, 2018

    UnitedHealth Customers Lose Cert. Bid In Prosthetics Suit

    A proposed class accusing UnitedHealth Group Inc. and two subsidiaries of improperly denying coverage for prosthetic devices in violation of federal benefits law can't have their claims heard as a group, a California federal judge ruled Friday, finding the proposed class definition was too broad.

  • September 17, 2018

    Calif. #MeToo Bills May Help Harassment Suits Reach Juries

    A sweeping legislative package recently passed by California lawmakers aiming to combat sexual harassment contains a batch of new mandates for employers and could make it tougher to convince courts to throw out harassment lawsuits. Here, attorneys tell Law360 which bills to keep an eye on and what may lie ahead if they are all signed into law.

  • September 17, 2018

    Twitter Gender Bias Suit Delayed During Class Cert. Appeal

    A Twitter employee’s allegations that she was fired unjustly will be paused while an appellate court reconsiders class certification for her gender discrimination claim, a San Francisco judge said Monday, since her accusations of sexism and retaliation “are so intertwined.”

  • September 17, 2018

    Court Sanctions Nutrition CEO, Atty Over False Patent Claims

    A California federal judge has ordered a nutritional supplement developer, its CEO and its attorney to pay a combined $7,500 in sanctions after the court determined that the CEO had lied by claiming that he was the assignee of a patent he had in fact assigned to another company decades ago.

  • September 17, 2018

    Is Obesity An 'Impairment?' 9th Circ. Asks Wash. High Court

    The Ninth Circuit on Monday asked Washington’s highest court whether obesity can be considered an impairment under state anti-discrimination law, pausing a BNSF Railway Co. job applicant’s bid to revive a disability suit alleging he was discriminated against because of his weight.

  • September 17, 2018

    Southwest Inks $19M Deal To End Pilots' Military Leave Suit

    Southwest Airlines Co. has agreed to make nearly $6 million in retirement payments and provide sick leave potentially worth north of $13 million to end a California federal suit alleging it denied benefits for brief spurts of military service to a proposed class of as many as 2,000 pilots.

  • September 17, 2018

    Trader Joe's Settles Underfilled Tuna Can Suit For $1.3M

    Trader Joe's has agreed to settle for $1.3 million a proposed class action in California federal court from customers claiming the retailer underfilled 5-ounce tuna cans.

  • September 17, 2018

    Tribe Asks Full 9th Circ. To Mull Tech Effect In Bingo Ruling

    The Iipay Nation of Santa Ysabel asked the Ninth Circuit to rethink its ruling affirming a lower-court decision that shut down the tribe’s online bingo site, with the Iipay Nation seeking a rehearing en banc because it believes the decision did not adequately consider how tribes can use remote access technology under the Indian Gaming Regulatory Act.

  • September 17, 2018

    Nissan Can't Arbitrate Claims In Defective Sunroof Suit

    A California federal judge on Friday denied Nissan North America Inc.'s attempt to compel arbitration for a consumer in a potential class action accusing the carmaker of selling vehicles with defective sunroofs, finding that Nissan is not a third party to an arbitration agreement the customer signed with the dealership.

  • September 17, 2018

    USCIS Hit With FOIA Suit Over Citizenship Application Delays

    Several immigrant advocacy groups have accused U.S. Citizenship and Immigration Services of illegally withholding documents related to the agency’s handling of citizenship applications, claiming the government has not responded to the groups’ Freedom of Information Act request, according to a suit filed in California federal court Monday.

  • September 17, 2018

    J&J Hit With Another Suit Over Alleged Talc-Related Death

    The husband of a woman who died of ovarian cancer in 2015 is suing Johnson & Johnson and a talc supplier, claiming the companies have known for decades about talc’s links to cancer but still sold and promoted products containing the substance as safe to use.

  • September 14, 2018

    HP Coerced Startup To Do Free Work In Malaysia, Jury Hears

    A startup suing Hewlett Packard for tens of millions of dollars told jurors Friday the tech giant used false promises to coerce it into providing extra software and services for a massive Malaysian banking-system project, while HP countered that the contractor improperly upped its work to get more money.

  • September 14, 2018

    Ex-Partner Hits Manatt Phelps With Sex Bias Charge

    Manatt Phelps & Phillips LLP has cultivated a "good old boys" culture in which male senior attorneys compete to bed female subordinates and leadership systematically suppresses women's pay, according to an EEOC charge from a former Manatt employment partner.

  • September 14, 2018

    Franken Amendment Can't Save Ex-Google Staffer's Bias Suit

    An ex-Google engineer must arbitrate her proposed class action alleging the company fosters a work environment hostile to women, a California judge ruled Friday, saying the Franken Amendment, which prohibits the government from contracting with companies that require arbitration for sexual harassment claims, didn't apply to her case.

  • September 14, 2018

    Split 9th Circ. Keeps Toss Of Northstar’s Schwab Fund Suit

    A Ninth Circuit panel on Friday agreed with the district court’s dismissal of Northstar Financial Advisors Inc.’s putative class action against Charles Schwab Corp. but said that Northstar should have another crack at amending its complaint claiming Schwab stepped outside of its own guidelines to make risky bond-fund bets.

  • September 14, 2018

    Abortion Foe Asks 9th Circ. To Nix $195K Sanction For Videos

    An anti-abortion activist urged the Ninth Circuit Friday to reverse sanctions against him and his attorneys for violating a court order by posting surreptitiously recorded videos of abortion providers on the internet, saying the lower court’s $195,000 sanctions were unlawful because they were meant to punish, not compensate the National Abortion Federation.

  • September 14, 2018

    14 Firms To Steer 8 IPOs Topping $3B As Busy Autumn Nears

    Fourteen law firms plan to guide eight initial public offerings that could raise more than $3 billion during the week of Sept. 17, led by an estimated $1.4 billion offering by Eli Lilly's animal health unit, as IPO activity accelerates ahead of an expected busy autumn.

  • September 14, 2018

    Shell Refinery, Pipeline Workers’ $7.7M Wage Deal Chugs On

    A putative class of workers at pipeline terminals and refineries owned by Shell Oil will likely see their $7.7 million wage and hour settlement move forward, after a California federal judge said at a hearing Friday that she was “preliminarily granting preliminary approval” for the deal.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The Developing Concept Of Fair Pay In Calif.

    Lindsay Hutner

    Gov. Jerry Brown recently approved AB 2282, yet another amendment to California's laws addressing pay equity issues. Lindsay Hutner and Tayanah Miller of Greenberg Traurig LLP review the state's current fair pay laws and explain how employers can prepare before the new law takes effect next year.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • The Curious Case Of Ripple's Removal

    Douglas Pepe

    Coffey v. Ripple Labs is a much-anticipated cryptocurrency case that squarely presents the question of whether Ripple is a “security” within the meaning of the securities laws. A recent decision in the case, however, addressed an important removal question of more general applicability, says Douglas Pepe of Joseph Hage Aaronson LLC. 

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • 9th Circ. Criticism Of Judicial Notice Trend Is Significant

    Kevin LaCroix

    The Ninth Circuit's opinion this week in Khoja v. Orexigen Therapeutics makes clear that the court is concerned about the doctrines of judicial notice and incorporation by reference being applied loosely in securities cases. This could result in fewer dismissals, or at least fewer dismissals with prejudice, at the motion to dismiss stage, says Kevin LaCroix of RT ProExec.

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.