California

  • September 19, 2017

    Car Restoration Co. Founder Can't Duck Trademark Suit

    A California federal judge has kept alive allegations that a car restoration company’s president infringed trademarks belonging to the trust for the famous race car driver Carroll Shelby, saying the court has jurisdiction over the man.

  • September 19, 2017

    K&L Gates Adds Labor And Employment Pro To Calif. Office

    K&L Gates LLP announced recently that it has beefed up its employment law practice by snagging a partner from Michelman & Robinson LLP to work in its Orange County, California, office.

  • September 19, 2017

    Calif., NY Move On Protections For Immigrants

    California and New York in recent days enacted various protections for immigrants through legislation and an executive order, with lawmakers saying they are acting in response to the Trump administration’s policies.

  • September 19, 2017

    Valero Scraps Plains Terminal Deal Targeted By Calif. AG Suit

    Refining giant Valero Energy Corp. said Monday that it was pulling the plug on a subsidiary's proposed acquisition of petroleum storage terminals in the Bay Area owned by Plains All American Pipeline LP, which California Attorney General Xavier Becerra had challenged in federal court as anticompetitive.

  • September 19, 2017

    Ex-K&L Atty Escapes Sanctions Over Withheld Evidence

    A California federal judge declined Monday to sanction generic-drug maker Amphastar Pharmaceuticals Inc. and its former K&L Gates attorney for withholding evidence in a since-dismissed False Claims Act suit, saying the counsel acted improperly but not necessarily in bad faith.

  • September 18, 2017

    Mystery Note In Coffee Cancer Row Risks Mistrial: Nonprofit

    A nonprofit suing Starbucks and other coffee sellers to force them to post cancer warnings on their products urged a California judge Monday to prevent disclosure of a mysterious letter from a “wayward” expert it had hired, saying the missive would create a “sideshow and a circus” that could cause a mistrial.

  • September 18, 2017

    Charter Shorted Time Warner Workers Vacay Pay, Suit Says

    Charter Communications wrongly shorted former Time Warner Cable employees vacation pay in the transition following the telecom giants’ $55 billion merger, according to a putative class action that has been removed to California federal court.

  • September 18, 2017

    ChinaCast Bankruptcy Can't Stop Insurance Payout: Creditors

    ChinaCast Education Corp. creditors asked a New York bankruptcy judge on Monday to find that their $66 million securities class action judgment against the company the day before its bankruptcy filing must be paid out by insurers despite a bankruptcy litigation stay.

  • September 18, 2017

    Waymo Seeks Trial Delay In Self-Driving IP Row With Uber

    In what Uber called a “do-over request,” Waymo asked a California federal judge Saturday to delay the trial date for its trade secret misappropriation suit against Uber, saying it needs to scale a “mountain of evidence” revealed by a report that was only proffered after a Federal Circuit ruling last week.

  • September 18, 2017

    DOJ Appeals Block Of Trump Sanctuary City Defunding Order

    The U.S. Department of Justice on Monday said it has appealed to the Ninth Circuit a California federal court’s decision to block President Donald Trump’s executive order that would withhold federal funds from so-called sanctuary cities for immigrants.

  • September 18, 2017

    Elizabeth Banks Wants Fees Upheld In 'Walk Of Shame' Suit

    Actress Elizabeth Banks has asked the Ninth Circuit to affirm a California judge’s award of $319,000 in attorneys' fees after she successfully fought off a copyright infringement lawsuit over the 2014 comedy “Walk of Shame” that a lower court found shared only “isolated similarities” with an unproduced screenplay.

  • September 18, 2017

    UC And Professors Reach Deal In Strawberry IP Dispute

    Two former University of California Davis professors who were found guilty of infringing strawberry seed patents will have to return certain varietals to the university and give up $2.5 million in future patent inventor royalties under a settlement filed in California federal court on Monday.

  • September 18, 2017

    Jurors Hear Secretly Recorded Spat At NY Atty's Fraud Trial

    California federal jurors were treated Monday to profanity-laden recordings secretly made by a contractor while he confronted New York attorney Joel Zweig about forging his name on a lease agreement and an affidavit, as the lawyer's trial on fraud and perjury charges continued into its second week.

  • September 18, 2017

    'Bourne' Wannabe Gets 5 Years For Selling Satellite Secrets

    An ex-defense contractor employee with an affinity for Jason Bourne and other spy characters who tried to sell sensitive satellite information to a buyer he believed to be Russian was sentenced in California federal court Monday to five years in prison, prosecutors said.

  • September 18, 2017

    Chipotle Worker Sexually Harassed, Locked In Freezer: EEOC

    Workers at a California Chipotle locked a coworker in a walk-in freezer after he reported their manager for sexual harassment that included her propositioning him and pantomiming sex acts with vegetables, the U.S. Equal Employment Opportunity Commission charged Monday in California federal court.

  • September 18, 2017

    Cancer-Focused Biotechs Launch 2 IPOs Totaling $200M

    Two cancer-focused biotechnology companies launched initial public offerings on Monday totaling $200 million, representing the latest of several venture-backed life science companies returning to the IPO pipeline after Labor Day.

  • September 18, 2017

    Lakers Get Support In Bid To Undo TCPA Coverage Loss

    A nonprofit policyholder advocacy group on Monday urged the full Ninth Circuit to ax a panel's decision that the Los Angeles Lakers aren't covered for class allegations that the team sent unwanted text messages to fans in violation of the Telephone Consumer Protection Act, saying the ruling flouts basic insurance law principles.

  • September 18, 2017

    Mott Fruit Snack False Labeling Suit Nears Checkout

    A California federal judge on Monday tentatively ruled to toss a putative class action accusing Motts Inc. of misleading consumers to believe that its fruit snacks are healthy products by putting pictures of fruit on labels, despite the fact they are actually made with purees, juices and concentrates.

  • September 18, 2017

    Novo Nordisk, Benefits Co. Get Price Hike Suit Moved To NJ

    A California federal judge agreed Monday to transfer to New Jersey a proposed class action accusing drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. of conspiring to drive up the price of Novo Nordisk's diabetes drug Victoza, noting that five suits over similar schemes have already been filed in New Jersey federal court.

  • September 18, 2017

    DACA Participants, NAACP Sue Trump Over Program's End

    The National Association for the Advancement of Colored People and six individuals who participate in the Deferred Action for Childhood Arrivals program filed separate lawsuits in California and District of Columbia federal courts Monday challenging the Trump administration’s plan to end the benefit.

Expert Analysis

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • In 9th Circ., Facts Can Doom Forward-Looking Statements

    Nathaniel Cartmell III

    The Private Securities Litigation Reform Act protects “forward-looking statements,” but what if a prediction is presented with, and based upon, statements of current fact? New opinions from the Ninth Circuit suggest that such juxtaposing has become risky, say Nathaniel Cartmell III and Bruce Ericson of Pillsbury Winthrop Shaw Pittman LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • How To Stay Protected When Using Biometrics Post-Spokeo

    Benjamin Byer

    Recently, a wave of lawsuits has accused companies of violating biometric privacy laws. But the two-part test established by the Ninth Circuit in Robins v. Spokeo creates another hurdle for plaintiffs seeking to file these types of lawsuits, say Benjamin Byer and John Parsi of Davis Wright Tremaine LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.

  • What Beer Marketers Should Know About State False Ad Laws

    Christian Foote

    Recently, several class actions have sprung up alleging consumers were deceived as to where beer they purchased was produced. These complaints are uniformly met with a motion to dismiss, and in the opinions there are branding insights that all marketers, not just beer makers, can use, says Christian Foote of Carr McClellan PC.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.