California

February 28, 2025
9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated

The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings.
February 28, 2025
Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say

The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.
February 28, 2025
Fed. Circ. Orders Interest Recalculation In Hardware IP Row

Halo Electronics' nearly two-decades-old dispute with a rival completed its fifth trip to the Federal Circuit, with the appeals court on Friday ordering a Nevada federal court to recalculate the amount of interest Halo could collect on a jury verdict.
February 28, 2025
Ex-USF Ballplayers In Uphill Battle For Sex Harassment Cert.

A California federal magistrate judge said Friday she is unlikely to certify a class of potentially hundreds of ex-University of San Francisco baseball players in a case alleging that former coaches created a sexually abusive environment, but agreed to hold her decision to review additional information on the claims.
February 28, 2025
Judge Denies OpenAI's Bid For Discovery In Meta's IP Fight

A California federal judge rejected OpenAI's request to see discovery produced in Meta Platforms Inc.'s copyright battle with authors over its artificial intelligence tool, writing Thursday that the "broad swath of information" it requested is not proportional to the company's needs in its own case.
February 28, 2025
Calif. Bar Using Forensics To Determine Who Leaked Exam Qs

The State Bar of California will tap "digital forensic experts" to figure out who's been improperly posting bar exam questions online following the disastrous administration of the Golden State's February exam, according to a notice from the bar.
February 28, 2025
Intel Wants License Question Settled Before VLSI Trial In May

Intel Corp. is asking U.S. District Judge Alan Albright to hold that a license it has with Finjan Holdings also covers patents owned by its affiliates, meaning a jury would only decide whether its litigation foe VLSI Technology is one of those affiliates.
February 28, 2025
Calif. Tribe Didn't Comply With Tobacco Laws, Judge Says

Federal tobacco regulators were justified in blocking the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes after its wholesale products were resold to people without tribal affiliation, a California federal judge has ruled in a lawsuit that argued the concept of tribal sovereignty was being turned on its head.
February 28, 2025
Calif. Justices Revive Yacht Club Worker's Injury Suit

The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.
February 28, 2025
5 Argument Sessions Benefits Attys Should Watch In March

The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.
February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering

Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste

The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
February 28, 2025
More Sanctuary Jurisdictions Join Suit Against Trump Admin

U.S. cities and counties challenging the Trump administration's targeting of sanctuary jurisdictions have escalated their legal battle to fend off federal funding cuts and civil or criminal prosecution, adding nearly a dozen more localities to the suit.
February 28, 2025
'Moana' IP Theft Accuser Forged Evidence, Jury Hears

Counsel for a subsidiary of The Walt Disney Co. sought during cross-examination Friday to undercut the credibility of an artist claiming "Moana" ripped off his work, pointing out that the plaintiff doctored a key document in the case and offered money to potential witnesses.
February 28, 2025
9th Circ. Says Risk Justified Firing Vax-Refusing Actor

A split Ninth Circuit panel declined Friday to revive an actor's suit claiming she was illegally removed from a Starz Network show because she rejected its COVID-19 vaccine mandate on religious grounds, ruling her immunization status posed too much of a risk to the production.
February 28, 2025
Space Co. Lied About Rocket Launch Timeline, Investors Say

Aerospace company Rocket Lab USA Inc. has been hit with a proposed shareholder class action in California federal court alleging it intentionally concealed issues that would delay the test and commercial launches of a vehicle it developed.
February 28, 2025
BofA Customer Gets Class Cert. In Revived ATM Fee Dispute

A class of account holders who allege Bank of America breached a contract by charging out-of-network fees for balance inquiries at certain ATMs can now proceed with claims as a class after their initial attempt at certification was denied.
February 28, 2025
9th Circ. Backs Developer's Conviction For Bribing LA Pol

The Ninth Circuit upheld a developer's conviction for bribing former Los Angeles City Councilor Jose Huizar to foil a challenge to a downtown project, ruling Thursday the district court didn't have to instruct jurors that the government had to prove the developer bribed Huizar to take a specific, official act.
February 28, 2025
FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B

A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.
February 28, 2025
Robotic Surgery Co. Appealing Tossed Intuitive Antitrust Case

Surgical Instrument Service Co. Inc. is appealing to the Ninth Circuit after a California federal court tossed its $140 million antitrust case accusing Intuitive Surgical Inc. of blocking third parties from refurbishing components for its popular da Vinci surgery robot at the end of trial.
February 28, 2025
Dartmouth Wants Fed. Circ. To Ax Fees After Vitamin IP Loss

Dartmouth College is appealing a Delaware federal court's $9.1 million fee award after losing a fight over milk vitamins patented by a biochemist at the school, telling the Federal Circuit that there is no reason it should have presumed that the patents it asserted were "worthless."
February 28, 2025
Beyond Meat Fries Investors' Fast-Food Production Woes Suit

A Los Angeles federal judge has tossed, 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.
February 28, 2025
Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit

In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.
February 28, 2025
Shake Shack Sued Over 'Deceptive' Delivery Fees

Shake Shack Inc. charges its customers "deceptive fees" when they use the fast casual chain's website and app to order food delivery, according to a proposed class action removed to California federal court.
February 28, 2025
Feds Say Tribes Can't Block New Oregon Casino

The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.

Expert Analysis

5 Drug And Device Developments That Shaped 2024

The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
Takeaways From SEC's Mixed Results In '24 Crypto Litigation

Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
Mich. Ruling Offers View On 'Occurrence' Coverage Definition

As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
How The UPC, ITC Complement Each Other In Patent Law

Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
A Guide To Significant 2024 Data Broker Legal Developments

2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
How Changes In State Gift Card Laws May Affect Cos. In 2025

2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
Retailers Must Adapt As Courts Shift On False Price Claims

The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
Health Tech Regulatory Trends To Watch In 2025

With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
The Justices' Securities Rulings, Dismissals That Defined '24

The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.