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  • August 21, 2018

    J&J, Supplier Defend Talc In Latest Trial On Asbestos Link

    Johnson & Johnson and its supplier Imerys Talc America told a California jury Tuesday that while asbestos comes from certain minerals, those minerals aren’t always asbestos, and a woman alleging J&J baby powder gave her mesothelioma is relying on experts who've ignored this distinction.

  • August 21, 2018

    9th Circ. Opinion Could Spark More Securities Settlements

    A recent Ninth Circuit opinion could ultimately result in more settlements of shareholder suits by bolstering plaintiffs’ arguments that defendants are improperly creating their own version of the facts at the dismissal stage, experts say.

  • August 21, 2018

    Walmart Workers Win Partial Cert. In Wage-And-Hour Suit

    A California federal judge on Tuesday certified several subclasses of Walmart Inc. workers alleging the store denied them overtime and meal breaks, but declined to certify a rest break subclass, finding it would result in too many individualized questions.

  • August 21, 2018

    Calif. Congressman, Wife Indicted For Campaign Fund Misuse

    A federal grand jury Tuesday indicted a Republican congressman from California and his wife on charges they used more than $250,000 in campaign funds to pay for personal expenses including family vacations, dental work and private school tuition for their children, the U.S. Department of Justice said.

  • August 21, 2018

    17 AGs Say HUD Shouldn't Change Disparate Impact Rule

    A coalition of state attorneys general has urged the U.S. Department of Housing and Urban Development to leave alone its Obama-era rule on disparate impact liability under the Fair Housing Act, saying it’s already consistent with U.S. Supreme Court precedent.

  • August 21, 2018

    High Court Sets Arguments For Tribal Tax, Hovercraft Cases

    The U.S. Supreme Court on Monday announced its schedule for oral arguments in late October and early November, including a case that tests whether a Washington tribe is subject to a state fuel tax and a moose hunter’s challenge to a National Park Service hovercraft ban on an Alaska river.

  • August 21, 2018

    Dr Pepper Beats False Ad Suit Over Diet Drink, Again

    A woman's attempt to bring putative class action allegations that Dr Pepper falsely advertises Diet Dr Pepper as helping with weight loss was tossed for a fourth and final time Tuesday, as a California federal judge found it implausible that reasonable consumers would believe drinking the soda leads to healthy weight management.

  • August 21, 2018

    Littler Mendelson Hires Ex-Boutique Atty In LA

    Littler Mendelson PC expanded its Los Angeles office with the hire of a former Marron Lawyers attorney, who will bring to the firm his experience handling independent contractor misclassification litigation in addition to other traditional labor and employment matters.

  • August 21, 2018

    Omnicare's $1.3M Deal In Credit Reporting Suit OK'd

    A California federal judge on Tuesday tentatively signed off on a $1.3 million deal ending a class suit alleging Omnicare Inc. violated the federal Fair Credit Reporting Act and California credit reporting law.

  • August 21, 2018

    Kan. Man Used Prop 65 As 'Weapon,' Calif. Panel Says

    A California appeals court on Monday upheld the dismissal of a Kansas man's Proposition 65 suit alleging that Bushnell Outdoor Products Inc.'s game calls cause cancer, saying that he was a disgruntled ex-worker trying to shake down his former employer for millions and wasn't acting in the public interest.

  • August 21, 2018

    Cambridge Analytica Agrees To Give Docs To Facebook Users

    The Chapter 7 trustee for scandal-plagued Cambridge Analytica reached a tentative deal in New York bankruptcy court Tuesday to hand over most of the documents in his possession to a group of Facebook users, who are suing the social media giant and the political consulting shop for allegedly misusing their personal data.

  • August 21, 2018

    Older Workers Fine-Tune Bias Suit Over Facebook Job Ads

    The Communications Workers of America and a group of workers on Monday restyled a suit alleging a proposed class of employers, including Amazon.com Inc. and T-Mobile, illegally blocked a proposed nationwide class of older workers from seeing Facebook job ads, adding language meant to ward off the companies’ bids to escape the suit.

  • August 21, 2018

    Time Warner Cable Robocall Suit Stayed For 9th Circ. Appeal

    A California federal court on Monday yet again froze a proposed class action accusing Time Warner Cable Inc. of violating the Telephone Consumer Protection Act by repeatedly making automated calls to nonsubscribers, just weeks after the cable giant argued that the recently reactivated case had to be paused pending its parent company's First Amendment challenge.

  • August 21, 2018

    Electronics Co. Asks 9th Circ. To Ax Cleanup Coverage Loss

    Arrow Electronics Inc. on Monday urged the Ninth Circuit to revive its lawsuit seeking to force Liberty Mutual and Travelers to cover its costs tied to environmental cleanup efforts at an Alabama rocket testing facility, contending that a lower court wrongly ruled in the insurers' favor after applying California law to the dispute.

  • August 21, 2018

    Biz Groups Urge High Court To Hear Sherwin-Williams Case

    The U.S. Chamber of Commerce, the Association of National Advertisers and other business groups asked the U.S. Supreme Court to review findings by California courts that held The Sherwin-Williams Co. and other companies liable for lead paint contamination based on decades-old paint advertisements.

  • August 21, 2018

    Student-Athletes Have New Playbook In Bid To Flip O'Bannon

    A class of student-athletes will attempt to upend the NCAA's amateurism system in a bench trial next month, challenging the notion that paying them a share of the millions of dollars college football and basketball generate each year will put a dent in the massive popularity of the sports.

  • August 21, 2018

    Med Supply Co. To Pay Legal Costs After Loss Against Insurer

    A California federal judge on Monday partially granted Scottsdale Insurance Co.’s motion to amend a declaratory judgment ruling that it does not have to cover a medical supply company for a $2.8 million shareholder suit by a former director, finding that the company is entitled to recoup legal costs that will be determined in mediation.

  • August 21, 2018

    Nossaman Nabs Reed Smith Real Estate Veteran

    A former Reed Smith LLP real estate pro specializing in leasing transactions and construction contracts has joined Nossaman LLP's San Francisco office, the firm has said.

  • August 21, 2018

    Verizon Wants $2.4B VoIP Patent Suit Moved To Calif.

    Verizon has urged a federal judge to transfer a patent holding company's $2.4 billion patent infringement lawsuit against it over Voice over Internet Protocol technology, arguing neither side has connections to anchor the case to Nevada over Verizon's preferred venue in Northern California.

  • August 20, 2018

    Construction Co. Placed Fake Bids With DOE, Jury Told

    Prosecutors told a California federal jury Monday that a family-owned construction company participated in a bid-rigging conspiracy by placing an artificially high bid on a U.S. Department of Energy contract for a University of California, Berkeley laboratory, but the defendants’ attorneys accused the government of trying to entrap their clients with an undercover informant.

Expert Analysis

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • '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.