California

  • November 25, 2024

    Beyond Meat Told It's Likely To Beat Production Woe Suit

    A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.

  • November 25, 2024

    9th Circ. Upholds Nixing Convention Center's Coverage Suit

    The Ninth Circuit backed the dismissal of a Seattle convention center operator's suit seeking coverage for pandemic-related losses, saying Monday that COVID-19 and resulting government shutdown orders did not cause the requisite physical loss or damage to the center to trigger coverage.

  • November 25, 2024

    Calif. Appeals Court Backs Taylor Farms Win In Wage Suit

    A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.

  • November 25, 2024

    Quarles & Brady Lands Buchalter Employment Duo In Calif.

    Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.

  • November 25, 2024

    Jury Finds Natera Owes Guardant $292.5M In False Ad Suit

    A California federal jury on Monday awarded $292.5 million in actual and punitive damages to medical test maker Guardant Health after finding that its rival Natera falsely advertised its colorectal cancer test Signatera as superior to Guardant's competing product Reveal.

  • November 25, 2024

    Justices Turn Away $10M Tanker Seizure Suit

    The U.S. Supreme Court said Monday it will not review a petition asking it to resolve if courts are bound by "hard-and-fast" rules limiting their inquiry into whether a property can be seized to enforce a maritime debt, an issue the petitioner argued affected "fundamental principles of admiralty law."

  • November 22, 2024

    Del Monte's 'Fruit Naturals' Label Not Deceptive, 9th Circ. Says

    The Ninth Circuit on Friday refused to revive a California woman's proposed class action accusing Del Monte Foods of falsely advertising fruit cups as being "natural" despite containing synthetic preservatives, saying a reasonable consumer would know to read the products' back label to confirm the ingredients.

  • November 22, 2024

    Natera's Conduct 'Despicable,' Guardant Says As Trial Wraps

    Guardant urged a California federal jury at the close of its false advertising trial Friday to make rival Natera pay it hundreds of millions of dollars, saying the competitor's misrepresentation of the companies' competing cancer detection tests was "despicable," while Natera countered it was Guardant that used deceptive marketing.

  • November 22, 2024

    PayPal Wants Renewed Suit Over Merchant Rules Tossed

    PayPal on Thursday urged a California federal court to again throw out a proposed class action claiming it illegally boosts online retail prices with its restrictive merchant agreements, arguing that the latest version of the complaint doesn't fix any of the issues flagged by the court.

  • November 22, 2024

    Real Estate Recap: AI, NY Rent Control, NEPA

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.

  • November 22, 2024

    Retirement Contributions Found Not Disposable In Ch. 13

    A split Ninth Circuit on Friday held that voluntary contributions to employer-managed retirement plans are not disposable income under Chapter 13 bankruptcy, reversing a lower court's decision that required a debtor to include $484 in monthly retirement contributions in her disposable income.

  • November 22, 2024

    Jury Awards Netlist $118M In Patent Case Against Samsung

    A Texas federal jury on Friday said computer memory company Netlist Inc. should get $118 million after finding that South Korean electronics giant Samsung infringed a trio of computer memory module patents.

  • November 22, 2024

    DACA Recipient Accuses KeyBank Unit Of Immigration Bias

    A KeyBank-owned student loan refinancing and consultation unit was hit with a proposed class action by a Deferred Action for Childhood Arrivals recipient claiming the company uses immigration status as a basis to reject potential customers. 

  • November 22, 2024

    Delta-8 Product Actually Illicit Delta-9, Class Action Claims

    The manufacturer of Cake Brand vapes has been hit with a proposed class action accusing it of "masquerading" its products as "lawful delta-8" when in reality they contain delta-9, a derivative marijuana which remains a Schedule I drug, according to the suit filed in California federal court.

  • November 22, 2024

    Calif. Panel Affirms Six Flags' Trial Win In Coaster Injury Case

    Six Flags isn't liable for a woman's injury after her hand was crushed by a railing while waiting to get on the Twisted Colossus roller coaster, California appellate justices said Thursday, finding the park didn't have a heightened duty of care since she was injured before she got on the ride.

  • November 22, 2024

    CooperSurgical Product Caused Embryo Loss, Couple Say

    Connecticut-based medical device company CooperSurgical Inc. produced a defective culture media that led to the destruction of six embryos conceived through assisted reproductive technology, a California couple have claimed in a lawsuit that seeks an array of damages for negligence and an alleged delay in recalling the product.

  • November 22, 2024

    Nissan Automatic Brake Classes Dismantled By 6th Circ.

    A Sixth Circuit panel vacated class certification Friday for Nissan drivers who say their cars' automatic braking system activates unnecessarily, finding the trial judge failed to grapple with software upgrades that may have fixed the alleged flaw for some of the class vehicles.

  • November 22, 2024

    Blackberry CEO Escapes Ex-Employee's Sex Harassment Suit

    A California federal judge trimmed a former Blackberry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before he assumed the top job, saying she hadn't done enough to bolster her pay discrimination allegation or her discrimination claim against the CEO.

  • November 22, 2024

    Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA

    Miley Cyrus has asked for the dismissal of a complaint from a music investment company that alleges she ripped off Bruno Mars' "When I Was Your Man" to create her hit "Flowers," arguing the plaintiffs lack standing because they do not own exclusive copyright rights to Mars' song.

  • November 22, 2024

    Social Media MDL Judge Threatens States With Contempt

    A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."

  • November 22, 2024

    Gaetz, Greene Face Atty Fees Bid For $550,000 In Calif. Suit

    Progressive groups including the NAACP are seeking more than $550,000 in attorney fees and costs from U.S. Rep. Marjorie Taylor Greene and former Rep. Matt Gaetz after escaping their lawsuit alleging that the organizations conspired to pressure city officials in California to cancel the politicians' rallies.

  • November 22, 2024

    Newsom Names Appellate Judges In SF And Orange County

    California Gov. Gavin Newsom has tapped two long-tenured trial court judges for positions on the state's appellate benches, one in San Francisco, the other in Orange County.

  • November 22, 2024

    LA Power Dept. Inks $60M Settlement Over Valley Gas Leak

    The Los Angeles Department of Water and Power has reached a $59.9 million settlement over allegations that it hid a dangerous natural gas leak from San Fernando Valley residents for over three years, according to the plaintiffs' counsel.

  • November 22, 2024

    Software-Focused VC Firm Closes 2nd Fund At $450M

    Software-focused venture capital firm Theory Ventures on Friday announced that it closed its second fund with $450 million in tow.

  • November 22, 2024

    Avante Health Parent Cleared To Sell For $72.5M In Ch. 11

    A Delaware bankruptcy judge on Friday approved the $72.5 million sale of Jordan Health, the corporate parent of medical equipment company Avante Health, to an affiliate of Staple Street Capital after the debtor reached a settlement with unsecured creditors.

Expert Analysis

  • The Do's And Don'ts Of Commercial Debt Under Calif. FDCPA

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    Lenders, servicers and attorneys collecting on their behalf should pay careful attention to the consumer protections under the newly expanded California Rosenthal Fair Debt Collection Practices Act that may apply going forward to some commercial debts, say attorneys at Womble Bond.

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Video Privacy Law Claims After 2nd Circ. NBA Ruling

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    The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • In SF Water Case, Justices Signal How Loper May Be Applied

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    Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

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