California

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

    California Jewelers' COVID-19 Coverage Suit Tossed

    Los Angeles-area jewelry stores were the latest businesses to have their case for COVID-19 loss coverage tossed by a California federal court judge who found, like many others before him, that the virus does not cause the physical damage needed to trigger coverage.

  • September 22, 2022

    Tesla Countersues Calif. Agency Over Race Bias Claims

    The California Civil Rights Department's lawsuit that alleges widespread anti-Black harassment at a California Tesla Inc. factory is based on "underground rulemaking," in violation of state law, Tesla said in a countersuit against the agency Thursday.

  • September 22, 2022

    Monster Losses Not $272M Bang But Whimper, Jury Told

    A damages expert hired by Vital Pharmaceutical Inc. encouraged a California federal jury Thursday to disregard an estimate by Monster Energy Co.'s expert that it lost $272 million in profits from Vital's false advertising of "super creatine" in its Bang energy drink, saying it's based on "unreliable" evidence.

  • September 22, 2022

    CFTC Fines Crypto Co. Over Trading, Also Sues Successor

    The U.S. Commodity Futures Trading Commission announced Thursday that while it had reached a settlement with bZeroX, LLC and its founders over the agency's claims that the crypto-business offered illegal, off-exchange, digital-asset trading — it also slapped a lawsuit against an organization the federal agency says is now running the same software protocol.

  • September 22, 2022

    Sofia Vergara's Ex-Fiancé Can't Revive Pre-Embryo Suit

    Sofia Vergara's ex-fiancé Nick Loeb can't use the couple's cryopreserved pre-embryos, a California appeals court affirmed Thursday, finding that Loeb didn't show he signed a contract governing the pre-embryos under duress, but rather "at most" was "too embarrassed and humiliated" to voice his desire for sole control over them.

  • September 22, 2022

    Attys Secure $80M Fee Award In Calif. Oil Spill Settlement

    The California federal judge who oversaw the seven-year class action fight waged by California fishers and property owners harmed by an oil spill says the Lieff Cabraser and Keller Rohrback attorneys behind the litigation deserve their nearly $80 million payday.

  • September 22, 2022

    9th Circ. Says Hydroponic Food Can Use 'Organic' Labels

    The Ninth Circuit on Thursday upheld a finding that the U.S. Department of Agriculture may continue to allow hydroponic growers to label their goods as "organic," rejecting arguments by traditional organic farmers that hydroponically grown foods can't be organic under the Organic Foods Production Act.

  • September 22, 2022

    Transplant Co. Hit With Investor Suit Over Bundling Probe

    Executives and directors at CareDx Inc. opened the organ transplant services company up to federal probes and liability by improperly bundling expensive testing services with the at-home blood drawing service it launched in response to the COVID-19 pandemic, a shareholder suit alleges.

  • September 22, 2022

    Alaska Asks 9th Circ. To Rehear Tribal Fishing Rights Suit

    Alaska is asking the Ninth Circuit to reconsider a Native tribe's bid to expand its fishing rights, arguing that the appeals court earlier this month wrongly accepted a "one-sided" narrative that the tribe has fished in off-reservation waters since at least the late 19th century.

  • September 22, 2022

    Food Franchises Sue Gig Economy App Over 2020 Tax Credits

    Online gig economy platform ShiftPixy has been sued in California federal court by 16 fast-casual food franchise owners and operators that claim the all-in-one workforce manager owes them $2.3 million of employee retention credits for the 2020 tax year.

  • September 22, 2022

    Jury Clears Indect USA In Rival's Parking Tech Patent Trial

    A California federal jury has found that technology company Indect USA Corp. didn't infringe rival Park Assist LLC's parking lot management patent and agreed with Indect's claims that Park Assist engaged in unfair competition.

  • September 22, 2022

    'No Real Possibility' Bryant Would See Crash Pics, LA Says

    There is "no real possibility" Vanessa Bryant might stumble on photos of the helicopter crash that killed her husband and daughter, Los Angeles County told a California federal judge Wednesday, saying there's no evidence that the photos shared among county first responders were publicly disseminated.

  • September 22, 2022

    Calif. High Court Keeps In Place Finding Bees Are Legally Fish

    The California Supreme Court on Wednesday declined to review an appellate court's finding that the Golden State can protect bumblebees under the state Endangered Species Act's definition of fish, but issued a statement cautioning the public not to read too much into the justices' decision.

  • September 22, 2022

    You Map's Trade Secrets Row Survives Snap's Ax Bid

    A Delaware federal judge has adopted a magistrate judge's recommendation not to dismiss You Map's trade secrets suit against Snap and a subsidiary over social mapping technology, ruling Thursday that You Map offered enough details on how they allegedly swiped its proprietary software.

  • September 22, 2022

    Calif. Regulators Seek $128M In Penalties From Illegal Pot Biz

    California's cannabis regulator asked a state judge on Wednesday to grant a summary judgment award of $128 million in penalties from a group of unlicensed pot product makers who had effectively admitted to the unlawful activity in court.

  • September 22, 2022

    Tom Girardi's Treasures Going Once, Twice, Sold At Auction

    It is often said that you can't judge a man before walking a mile in his shoes, and one lucky bidder can now do just that in disgraced attorney Tom Girardi's shaded brown crocodile Gucci Oxfords, thanks to an auction Wednesday of items from his Southern California mansion.

  • September 22, 2022

    Trucking Company Can Join AB 5 Fight, Judge Says

    A trucking trade association will be able to intervene in a lawsuit challenging California's Assembly Bill 5, a California federal judge ruled in an order docketed Thursday, saying that the law could impact the group's members the most.

  • September 22, 2022

    VMware Sues Ex-Employee In Del. Over Stock Option Dispute

    Cloud technology company VMware Inc. sued a former employee in Delaware Chancery Court over a share redemption dispute, pushing back against a previous suit the employee had filed in California state court.

  • September 22, 2022

    Costco Sues Liberty Mutual Over Slip-And-Fall Suit Coverage

    Liberty Mutual owes Costco coverage for costs related to a slip-and-fall lawsuit, the wholesale and retail giant claimed, arguing the insurer wrongfully refused to pay for its defense.

  • September 22, 2022

    Real Estate Rumors: Black Lion, ICO Group, WTI Capital

    Black Lion has reportedly paid $6.4 million for a Miami retail space, ICO Group is reportedly hoping to get $69.8 million with the sale of a shuttered Los Angeles hotel, and WTI Capital is said to have scored $54.8 million in financing for a Florida multifamily property.

  • September 22, 2022

    'Fat Leonard' Captured In Venezuela After Fleeing US

    Venezuelan officials announced they have arrested Leonard Francis, the "Fat Leonard" at the center of a massive U.S. Navy bribery scandal, who skipped house arrest in California earlier this month shortly before his sentencing.

  • September 22, 2022

    Bias Suit Accuses Amazon Of Refusing To Hire Sex Offenders

    A registered sex offender sued Amazon and a background check provider in California federal court, alleging the companies illegally used information about his past rape conviction to deny him a job in one of the online retail giant's fulfillment centers.

  • September 22, 2022

    'I Hunt Killers' Writer Targets WB, Fox In 'Prodigal Son' IP Suit

    A bestselling novelist behind the "I Hunt Killers" series sued Warner Bros. Television and Fox Broadcasting in California federal court Wednesday, alleging Warner Bros. optioned his novel but let its rights lapse, then ripped off elements of its father-son murder mystery premise to produce the now-canceled Fox show "Prodigal Son."

  • September 22, 2022

    Target And Walmart White Chocolate False Ad Suits Revived

    A California appeals panel has revived a pair of suits alleging baking chips sold by Walmart Inc. and Target Corp. mislead consumers into thinking they contain white chocolate, finding in both cases that reasonable consumers could be deceived despite the labels being truthful.

Expert Analysis

  • Calif. Pay Stub Ruling Spotlights Overtime, Bonus Compliance

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    Though a California appellate court's recent ruling provides a simple answer to how employers must list true-up overtime wages on pay stubs, it also underscores the importance of reviewing compliance requirements for wage statements where bonuses or other factors affect regular rates, says Paul Lynd at ArentFox Schiff.

  • Video Game Class Action's Implications For IP Rights

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    Knight v. Wata, a class action filed in California federal court by video game collectors against a grading service, carries important intellectual property implications for rights holders, who should carefully police the use of their intellectual property while also exercising financial caution amid flash-in-the-pan trends, says Kirk Sigmon at Banner Witcoff.

  • 3 Trends To Watch In US Offshore Wind Development

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    As the offshore wind industry continues to build momentum in the U.S. with billions of dollars in new infrastructure spending and offshore lease sales, developers should keep an eye on emerging solutions to grid connectivity, expansion into new potential lease areas and more, say attorneys at V&E.

  • What Litigators Can Really Learn From Rambo

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    A Rambo litigator is a consistently overaggressive and dishonest attorney, but the John Rambo of "First Blood," which recently celebrated its 40th anniversary, has several excellent qualities worth emulating in the legal profession, including professional competence, mental resilience and improvisational ability, says Christopher Van de Kieft at Gitlin Horn.

  • Attorneys Should Note Judges' Financial Conflicts Of Interest

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    The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

  • Calculating FTC Section 19 Monetary Relief After AMG

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    More than a year after the U.S. Supreme Court's AMG ruling held that the Federal Trade Commission cannot obtain monetary relief for first-time Section 5 violations of the FTC Act, courts assessing monetary relief under Section 19 standing alone have split into two camps, say Christopher Leach and Kevin Healy at Mayer Brown.

  • A Law Firm's Guide To Avoiding Client Conflicts

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    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Expect More DOJ Labor Market Enforcement, Despite Losses

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    Though the U.S. Department of Justice faced trial setbacks earlier this year, it seems undeterred in its labor market enforcement, not only from investigating and prosecuting antitrust violations, but also in its efforts to generate precedent and drive doctrine around these issues, says Carsten Reichel at Norton Rose.

  • Lessons For Federal Lawmakers As Calif. Alters Cannabis Tax

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    California recently eliminated a cultivation tax that had for years burdened the state’s licensed cannabis market, providing important lessons for federal lawmakers on cumbersome regulations and unduly high taxes as they debate legalization, says Raza Lawrence at Zuber Lawler.

  • Considerations For Associates As Lateral Hiring Cools Down

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    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Opinion

    Calif. Laws Are Failing Condo Owners

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    Certain components of California's law regulating condominiums contribute to the lack of funding for these developments' maintenance and repairs, and should be updated in order to protect residents, says Tyler Berding at Berding & Weil.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

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    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • Rebuttal

    Circuits Are Consistent On State Law Climate Claim Issue

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    A recent Law360 guest article argued that the U.S. Supreme Court should review the Tenth Circuit's decision in Boulder v. Suncor due to a purported circuit split, but there is no circuit split on whether state law claims arise under federal law for the purpose of conferring removal jurisdiction solely because they involve climate change, says Michael Burger at Columbia Law School.

  • Recent State Rulings Buck Trend In COVID Insurance Disputes

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    For the last two years, policyholders have been mostly unsuccessful in arguing that commercial property policies should cover losses suffered due to the COVID-19 pandemic, but a trio of recent state court decisions suggests that the pendulum may swing in policyholders' favor, say attorneys at Reed Smith.

  • Ethics Lessons From The Alex Jones Discovery Debacle

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    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

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