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California
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July 11, 2024
Kroger Asks To Delay At Least Part Of FTC Challenge
Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.
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July 11, 2024
Apple Ducks iPhone Web App Antitrust Suit, For Now
Consumers will have to rejigger their proposed antitrust class action alleging Apple anticompetitively prevents iPhones from running web-based apps that don't need to be downloaded, after a California federal judge said Thursday that they've failed to show a conspiracy or connect the dots from company rules to customer injury.
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July 11, 2024
SF Fed Sues Troubled PPP Lender, Founder For Nearly $67M
The San Francisco arm of the Federal Reserve has sued one of the largest Paycheck Protection Program lenders in Puerto Rico federal court seeking to recover nearly $67 million, alleging the lender has defaulted on the terms of roughly $4.3 billion in credit it advanced for PPP loans.
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July 11, 2024
Calif. Nabs $50M Deal With Oil Traders In Gas Price-Rigging Suit
California secured a $50 million settlement with oil trading companies Vitol and SK Energy, resolving allegations that the companies schemed to artificially inflate gas prices in the Golden State after an Exxon Mobil Corp. refinery exploded in 2015, California's attorney general announced Wednesday.
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July 11, 2024
IP Forecast: Napa Winery's Ex-Atty Wants Another Trial
A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.
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July 11, 2024
Property Owner Says Insurer Must Cover $7.4M Arbitral Award
An AmTrust unit must cover a $7.4 million arbitration award issued against a general contractor and in favor of a Beverly Hills property owner that were both insured under the same policy, the owner told a California federal court, saying the insurer has unreasonably failed to provide policy benefits.
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July 11, 2024
Judge Won't Dismiss Cannabis Extraction IP Dispute
Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
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July 11, 2024
9th Circ. Won't Cancel Chubb's 'Morning Show' COVID-19 Win
The Ninth Circuit affirmed a lower court's ruling Thursday that a Chubb unit does not owe the production company behind "The Morning Show" $44 million in pandemic-related losses, ruling that the policy's provision for "imminent direct physical loss or damage" did not apply to the "potential presence" of coronavirus in the facility.
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July 11, 2024
9th Circ. Signals Dr.'s Vax-Refusal Case Deserves New Chance
Ninth Circuit judges signaled Thursday that they were likely to revive a doctor's case claiming he was wrongfully fired from his Washington State University residency for refusing to get a COVID-19 vaccination, with two judges questioning if the school went far enough to accommodate his religious beliefs.
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July 11, 2024
Calif.'s Insulin Cost Suit Belongs In Fed. Court, 9th Circ. Told
Express Scripts and Caremark PCSHealth urged the Ninth Circuit on Thursday to reverse a lower court's order sending California's antitrust suit over skyrocketing insulin prices back to state court, with both appellants' counsel arguing the state's claims involve disputes over federal contracts and regulations that must be resolved in federal court.
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July 11, 2024
DACA Recipient, Credit Union Settle Home Loan Bias Suit
A beneficiary of the Deferred Action for Childhood Arrivals program has reached a settlement with an Oregon credit union to end claims that he was unlawfully denied a home equity loan based on his immigration status.
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July 11, 2024
$435M Yale Hospital Merger Case Set For December Jury Trial
A lawsuit claiming that Yale New Haven Health Corp. is trying to back out of a $435 million deal to buy three Connecticut hospitals will go to a bench trial in December after a state court judge approved the parties' proposed schedule.
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July 11, 2024
Ex-Goodwin Partner Joins Cooley's VC Practice In Calif.
Cooley LLP announced on Thursday the hiring of a former partner at Goodwin Procter LLP as the latest addition to its emerging companies and venture capital practice.
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July 11, 2024
Fiat Chrysler Says Exploding Minivan MDL Still Lacks Detail
A Stellantis unit has asked a federal judge in Michigan to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, arguing that many drivers' state claims are stale or are otherwise legally flawed.
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July 11, 2024
Calif. Customers Sue Toyota Over Hydrogen Fuel Scarcity
Toyota customers in California have slapped the automaker with a proposed class action complaint, saying the scarcity of hydrogen fuel available for their Toyota Mirai hydrogen fuel-cell electric vehicles has rendered them "unsafe, unreliable and inoperable."
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July 11, 2024
GM's $50M Faulty Fuel Pump Deal Gets Early OK
A Michigan federal judge on Thursday indicated he would give the initial approval to a $50 million settlement to end class claims that General Motors LLC sold trucks with faulty fuel pumps, clearing the way for GM to drop a Sixth Circuit appeal.
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July 11, 2024
Ga. Dem Helps Block NY Judge's Nomination From Advancing
President Joe Biden's nomination of U.S. Magistrate Judge Sarah Netburn for the Southern District of New York failed to advance out the Senate Judiciary Committee on Thursday, after a key Democrat joined Republicans in opposition over her recommendation in a case that an inmate be transferred to a female facility.
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July 11, 2024
Patent Cases To Watch In The Second Half Of 2024
A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.
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July 10, 2024
Santa Clara Hospital Can't Fully Shake Online Tracking Suit
A California federal judge has refused to toss a proposed class action accusing Santa Clara Valley Medical Center of unlawfully sharing sensitive data with Meta and Google through online tracking tools embedded in its website and patient portal, rejecting the contention that the plaintiff had consented to these disclosures by agreeing to policies required to use the services.
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July 10, 2024
Synapse Credit's Finance Lending License Pulled In California
The California Department of Financial Protection and Innovation on Wednesday revoked the financing lending license of Synapse Credit LLC, a subsidiary of Synapse Financial Technologies, whose April bankruptcy resulted in thousands of customers losing access to their accounts and funds.
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July 10, 2024
X Coder Fired For Tweet Not Protected, NLRB Judge Says
A software engineer terminated by Twitter, now known as X Corp., was a supervisor when she tweeted that workers should let Elon Musk fire them for working remotely and thus can't challenge her termination as an employee, a National Labor Relations Board judge found on Tuesday.
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July 10, 2024
Film Company Gets $190K In Atty Fees In Distribution Dispute
A California federal judge has awarded nearly $190,000 in attorney fees to a U.S. film production company that successfully enforced an arbitral award worth approximately $537,000 against a Mexican film distributor over "Ava," a 2020 movie starring Jessica Chastain and Colin Farrell.
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July 10, 2024
Ex-Chili Peppers Guitarist Sued Over Pedestrian Death
Josh Klinghoffer, a former guitarist for the Red Hot Chili Peppers and current touring member of Pearl Jam, is accused of hitting and killing a pedestrian in a crosswalk while driving a sport utility vehicle and distracted by his cellphone, in a lawsuit filed Wednesday in Los Angeles County.
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July 10, 2024
Roku Wins Transfer Of Patent Suit From WDTX To Calif.
A Texas federal judge sent to California a case accusing Roku of infringing patents related to automatic content recognition technology for commercial advertising, finding on Wednesday that the ease of access to evidence, location of Roku's witnesses and Roku's headquarters in San Jose weigh in favor of a transfer.
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July 10, 2024
Energy Cos., States Seek Review Of Calif. Emissions Decision
Industry groups and a coalition of states led by Ohio are asking the U.S. Supreme Court to review a D.C. Circuit ruling upholding the U.S. Environmental Protection Agency's approval of a waiver letting California set greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program.
Expert Analysis
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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PE-Healthcare Mergers Should Prepare For Challenges
State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Drafting Calif. Cannabis Management Services Agreements
Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.