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California
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
Warner Bros. Can't Nix 'ER' Ripoff Suit Over 'The Pitt'
Warner Bros. Television can't nix a contract breach lawsuit filed by the estate of "ER" creator Michael Crichton alleging the media company's medical drama, "The Pitt," is an unauthorized reboot of "ER," after a California judge ruled the plaintiffs' evidence shows, on its face, WB's show is derived from "ER."
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February 25, 2025
FTC Probing $615M Healthcare Staffing Merger
Talent software and staffing company Aya Healthcare Inc.'s roughly $615 million bid to buy Cross Country Healthcare Inc. and take the staffing and recruitment company private hit a snag last week with a Federal Trade Commission merger probe that prevents the transaction from closing, for now.
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February 25, 2025
Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose
California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.
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February 25, 2025
Sidley Brings On Dentons Consumer Safety Pros In Calif.
Sidley Austin LLP continues expanding its West Coast team, announcing it is adding a pair of Dentons consumer products safety litigators as partners in its San Diego and Los Angeles offices.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
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February 25, 2025
Calif. Bar Touts Reduction In Racial Disparity In Atty Discipline
The State Bar of California has reported what it calls "significant" shifts toward equity in attorney discipline in the five years since a watershed study showed a decades-long trend of disparity, including that Black male attorneys were more than three times as likely to be placed on probation or disbarred compared to their white counterparts.
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February 25, 2025
Union Pacific Cleared In Pedestrian's Injury Suit
A California jury found Tuesday that Union Pacific Railroad Co. was not liable for an injury to a man who was walking along its railroad tracks.
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February 25, 2025
Silicon Valley City Planners Say Landowners Can't Duck Suit
A company backed by a group of Silicon Valley business people looking to build a mini-city has urged a California federal court not to toss price-fixing claims against Solano County property owners, arguing that doing so at this point would be "premature."
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February 25, 2025
Dental Co. Biolase Drills Down On Unopposed Ch. 11 Plan
A Delaware bankruptcy judge on Tuesday OK'd the Chapter 11 plan of dental technology maker Biolase Inc., which was fully consensual following changes to gain the approval of the U.S. Trustee and the official committee of unsecured creditors.
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February 25, 2025
Duane Morris Adds Former Federal Prosecutors In NY, Calif.
Duane Morris LLP has expanded its trial practice group with a pair of former federal prosecutors coming aboard in San Francisco and New York.
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February 25, 2025
Landscaping Plant Farmer TreeSap Hits Ch. 11 With Sale Plans
A Texas bankruptcy judge on Tuesday agreed to give interim approval for landscaping plants grower TreeSap Farms LLC to access $14 million of its debtor-in-possession financing, which it hopes to use to turn its business around ahead of a sale.
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February 24, 2025
'It Was An Accident': Judge Denies Shooting Wife On Purpose
A California judge who shot his wife to death in their living room following an argument took the stand in his murder trial Monday, fighting hard to maintain his composure while explaining to jurors that his Glock discharged accidentally when he tried to set it down on the coffee table.
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February 24, 2025
9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal
The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.
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February 24, 2025
Apple Exec Had Doubts Over New App Store Fee Compliance
Apple fellow Phil Schiller testified Monday during a high-stakes compliance evidentiary hearing that he had initially been concerned that Apple's decision to implement a new 27% commission on purchases made outside Apple's App Store wouldn't comply with the court's 2021 anti-steering injunction in its yearslong antitrust fight with Epic Games.
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February 24, 2025
Lobbyist Abramoff Testifies At Fraud Trial Against Crypto CEO
Disgraced Washington, D.C., power broker Jack Abramoff told jurors on Monday that he participated in a conspiracy with the founder of an "anti-money laundering" cryptocurrency company accused of bilking investors out of $5 million, testifying remotely due to a recent cancer diagnosis.
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February 24, 2025
9th Circ. Mostly Clears The Way For Mont. Logging Project
The Ninth Circuit on Monday reversed portions of a Montana federal judge's decision to vacate U.S. Forest Service approval of a controversial Black Ram logging project on the Kootenai National Forest, but told the lower court it had to take a closer look at some of the environmentalists' objections.
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February 24, 2025
Trump Birthright Citizenship EO Must Stay Paused, States Say
A coalition of states on Monday urged a Massachusetts federal judge to leave in place his preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship while the government appeals, arguing that the injunction merely maintains a centurylong status quo recognizing those citizenship rights.
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February 24, 2025
Union Pacific Says Pedestrian Was In The Wrong In Crash Suit
Lawyers for a pedestrian allegedly hit by a Union Pacific train told a jury in closing arguments Monday that the engineer wasn't paying enough attention to the tracks ahead, while the rail giant's lawyers said the man should not have been there.
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February 24, 2025
'Yellowjackets' Makers Omit Overlaps With Film, Court Told
Showtime, Lions Gate Entertainment Corp. and the makers of the TV show "Yellowjackets" use "self-serving descriptions" and "omit similarities" between the show and the 2015 film "Eden" in their bid to toss a suit alleging the hit series ripped off the movie, the filmmakers told a California federal court judge on Monday.
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February 24, 2025
Bigelow Says Class Trial Is On 'Road To Nowhere'
Counsel for R.C. Bigelow Inc. urged a California federal judge Monday to call off an upcoming class action damages trial over the tea-maker's "manufactured in the USA" labels, saying the proceeding would be a "road to nowhere" because of fatally flawed sales data.
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February 24, 2025
Baby Bottle Cos. Get Parts Of Microplastics Suit Tossed
Parents who sued Philips over allegations that microplastics leach from its "BPA free" baby bottles and sippy cups saw their lawsuit partially trimmed, after a California federal judge said that the company's label isn't misleading because it doesn't promise the products are "devoid of all harmful plastic."
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February 24, 2025
Unions, Groups Say Fed. Employees '5 Things' Email Illegal
A group of unions challenging the federal layoff order said the U.S. Office of Personnel Management's controversial request for federal employees to include in a weekly email five things they accomplished flouts federal law, amending their lawsuit in California federal court.
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February 24, 2025
Judge Finds No Reason To Recuse From Trans Athlete Case
A Colorado federal judge refused to step down from a lawsuit seeking to block a transgender woman from competing on a collegiate women's volleyball team, writing in an order Monday that he has given the plaintiffs "free reign" to make their arguments without requiring use of specific pronouns.
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February 24, 2025
'Varsity Blues' Suit Against USC An 'Uphill Battle,' Judge Says
A Los Angeles judge said Monday that while a private equity investor's fraud suit against USC over his prosecution in the "Varsity Blues" case will likely make it past the pleading stage, he will later face an "uphill battle" given how much time has passed since the high-profile college admissions scandal.
Expert Analysis
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Calif. Ruling Offers Hope For Mitigated Negative Declarations
In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.
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A Look At Calif. Biz Code And The Fight Over Customer Lists
To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.
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Nvidia Case's Potential Impact On Securities Class Actions
In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Insights From Calif. Public Labor Board's Strike Rights Ruling
The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.