Carrie Salls News
Court dismisses woman's claim diet soda would lead to weight loss
Dr. Pepper/Seven Up Inc. will not have to face a class-action lawsuit filed by a woman who claimed diet soda did not help her lose weight.
Appeals court rules employers have affirmative defense over rest/nonproductive time claims under labor code
SAN JOSE – The Court of Appeal of the State of California, 6th Appellate District ruled Aug. 14 that California Labor Code protects employers that pay piece-rate employees for “rest and recovery periods and other nonproductive time on the job” in accordance with laws passed on Jan. 1, 2016, from lawsuits related to payment claims for rest periods through Dec. 31, 2015.
District court sends American Airlines uniform cases back to superior court, denies fee request
SAN FRANCISCO – A lawsuit that started out as four separate-but-related cases has been sent back to the Alameda County Superior Court from the U.S. District Court for the Northern District of California at the request of the plaintiffs, but the district court declined to order the defendants to cover the plaintiffs’ attorneys’ fees, according to an Aug. 20 ruling.
Barking dogs get a hearing before the First District Court of Appeals in a dog park nuisance case
SAN FRANCISCO – An appeals court has sided with the City of San Francisco in a dog park case filed by a city resident who claims the barking is a nuisance.
Affymetrix, Life Technologies cleared of patent infringment claim
SAN DIEGO – Affymetrix Inc. and Life Technologies Corp. have not infringed on a patent held by the Regents of the University of California or Becton, Dickinson and Co., and Sirigen, according to a summary judgment entered May 1 in the U.S. District Court for the Southern District of California.
BMW of North America fee dispute in 'Lemon Law' case decided by federal court
SAN DIEGO – The U.S. District Court for the Southern District of California partially approved the payment of $18,431 fees and costs incurred in a settled lawsuit filed against BMW of North America LLC, according to an order filed April 30.
Time runs out for several claims against P.I. Iron in pregnancy discrimination lawsuit, court rules
SAN DIEGO – The U.S. District Court for the Southern District of California agreed with P.C. Iron Inc.’s contention that most claims filed against it by the Equal Employment Opportunity Commission and a former employee who was allegedly fired because of her pregnancy were time-barred, according to an order filed May 1.
Fed Ex successful in moving wrongful firing lawsuit to federal court
A former Fed Ex employee has filed a wrongful termination lawsuit in the U.S. District Court for the Eastern District of California, alleging age discrimination and retaliation and other wrongdoing.
Elderly passenger files lawsuit after North Tahoe Cruises fails to settle fall dispute
An elderly Nevada resident filed a lawsuit on April 19 in the U.S. District Court for the Eastern District of California, alleging that North Tahoe Cruises Inc. and other defendants did not address a safety hazard on a lake cruise boat after the plaintiff allegedly fell.
Petitioners ask court to order Gov. Brown, attorney general to comply with Trump immigration efforts
SACRAMENTO – Two California residents filed a petition asking the U.S. District Court for the Eastern District of California Fresno Division to order Gov. Edmund G. “Jerry” Brown Jr. and Attorney General Xavier Becerra to comply with the promises made in their oath of office and enforce the immigration rules mandated by President Donald J. Trump, according to an April 20 court filing.
United States, Insight sue for payment of $570,367 allegedly owed for remediation work
SACRAMENTO – The United States of America filed a breach of contract lawsuit on behalf of Insight Environmental Engineering & Construction Inc. against Aecom Technical Services Inc., Federal Insurance Co. and 10 Doe defendants in connection with remediation work performed at Edwards Air Force Base, according to a complaint filed April 24 in the U.S. District Court for the Eastern District of California.
NFIB senior staff attorney calls Wisconsin litigation funding disclosure law 'a step forward for small business'
SACRAMENTO – In the wake of the passage of a bill in Wisconsin dealing with amendments to that state’s civil litigation guidelines, Luke Wake, senior staff attorney for the National Federation of Independent Business (NFIB) Small Business Legal Center, said he believes the Wisconsin legislation is “a step forward for small business.”
Phoney Lawsuits: TCPA plaintiff didn't really want texts to STOP, group claims
SAN FRANCISCO (Legal Newsline) – A woman who couldn't follow directions to "STOP" receiving text messages shouldn't be allowed to sue over them, a group representing the interests of credit and collections professionals says.
Ninth Circuit upholds ruling that lenders, marketers had no role in unwanted text
The U.S. Court of Appeals for the Ninth Circuit upheld a federal district court ruling absolving three lenders and two marketing companies from allegations they violated the Telephone Consumer Protection Act in connection with an unsolicited text message sent Dec. 6, 2011, according to a Jan. 10 opinion authored by District Judge Sandra S. Ikuta.
Ninth Circuit sends PG&E stormwater discharge issue back to lower court
SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit has reversed part of a U.S. District Court for the Northern District of California summary judgment in a lawsuit aimed at limiting Pacific Gas and Electric Co.’s (PG&E) “indirect and direct stormwater discharges of wood treatment chemicals from various of its facilities in San Francisco and Humboldt Bays,” according to a Nov. 2 Ninth Circuit opinion.
USC seeks to get fraud class action thrown out
LOS ANGELES – The University of Southern California is asking the U.S. District Court for the Central District of California to dismiss a class action lawsuit filed against the university and 10 unnamed “Doe” defendants amid allegations that the plaintiffs’ credit card information was compromised because more than five digits of the card numbers were printed on receipts.
Appeals court validates assessment against Manteca Unified School District
The California Third District Court of Appeal recently reversed a ruling in which Judge Bobby W. McNatt of the Superior Court of San Joaquin County found that flood control and drainage assessments levied by Water Reclamation District No. 17 against Manteca Unified School District were not valid.
Missouri AG takes states' fight against California egg law to US Supreme Court
WASHINGTON — A California law designed to improve the living conditions of hens has drawn opposition from Missouri Attorney General Josh Hawley, who has taken his challenge of the law’s egg-sale restrictions to the U.S. Supreme Court.
Promissory note security classification ruling called limited in scope
SAN JOSE – The California Court of Appeals, in a Feb. 16 ruling, held that a promissory note did not qualify as a security under two legal tests. However, Allen Matkins Leck Gamble Mallory & Natsis LLP partner Keith Paul Bishop said the ruling in People v. Black “is limited to the particular facts presented.”
Insurer loses latest round in fight against Prop. 103-related rate decreases
SACRAMENTO — The California insurance industry recently lost another battle against a law that protects consumers against excessive rate hikes when the California Court of Appeal upheld a lower-court ruling in a challenge brought by Mercury Casualty Co. and industry lobbying groups.