Top News

Phoney Lawsuits: TCPA plaintiff didn't really want texts to STOP, group claims

Legal Newsline

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.

Commission: Payday lender ruling 'a win for California consumers'

LOS ANGELES — The California Department of Business Oversight is “extremely pleased” with a Dec. 22 California Supreme Court ruling in a nearly decade-long case related to payday lenders’ ties to the Miami Tribe of Oklahoma and the Santee Sioux Nation of Nebraska.  

Indian Child Welfare Act could come under scrutiny of Supreme Court

WASHINGTON – The U.S. Supreme Court has been asked to hear a case related to the removal of a 1/64 Native American girl from her potential adoptive family in accordance with the Indian Child Welfare Act (ICWA).

Secretary of Labor disagrees with whistleblower reinstatement ruling; no decision on appeal

WASHINGTON, D.C. – The U.S. Appeals Court for the District of Columbia has rejected a request by a California cement plant worker for temporary reinstatement of his employment as a whistleblower after the company for which the employee had worked had changed hands.  

Judge's comments to jury pool stating mistrust of plumbers leads to reversal of murder conviction

LOS ANGELES – Comments made to potential jurors by a Los Angeles Superior Court judge regarding her distrust of plumbers has led to an appeals court decision overturning the murder conviction of Vincent Tatum.  

Warriors' arena project lawsuit appeal gains support

SAN FRANCISCO – The Center for Biological Diversity, Coalition for Clean Air, Communities for a Better Environment and the Sunset Coalition have filed a “friend of the court” brief in support of those opposing the Golden State Warriors’ proposed 18,000-seat arena.  

Class action blames mortgage servicer's noncompliance for lost homes

OAKLAND, CALIFORNIA – A class-action lawsuit filed in the U.S. District Court for the Southern District of California alleges that Specialized Loan Servicing (SLS) improperly processed loan modification applications for customers in California that often led to overpayments on the loan and unjust foreclosures of the borrower’s home. 

State high court allows jury trials for testing compensation disputes in 'victory for property owners'

SAN FRANCISCO – A Walnut Creek real estate dispute attorney believes a July 31 ruling entered by the California Supreme Court that reforms legislation to give property owners a right to a trial by jury to determine compensation for pre-condemnation entry and inspection will push the state to try harder to resolve these disputes to avoid costly, time-consuming jury trials. 

Attorneys hope Supreme Court ends prescription drug innovator liability

SAN FRANCISCO – The California Supreme Court will decide a case that attorneys hope will once-and-for-all put an end to courts allowing brand-name drug manufacturers to be held liable for injuries resulting from use of their products’ generic counterparts. 

Back pay lawsuit against Lincare, Alpha will 'proceed on a class-wide basis'

RIVERSIDE – A federal court has ruled that a lawsuit filed on behalf of non-exempt hourly employees working in California for Alpha Respiratory Inc. and Lincare Inc. should be able to proceed as a class action. The lawsuit seeks payment of back overtime wages and premiums for alleged missed meal breaks.

State Bar fee legislation amended, Bar prepares high court submission 'in the event that is necessary'

SACRAMENTO – The California Assembly voted on new amendments on Aug. 19 related to a heavily disputed State Bar of California fee bill, which authorizes the agency to collect annual licensing fees from attorneys.

Kesha drops abuse lawsuit, continues to fight producer's label

LOS ANGELES – Singer and songwriter Kesha has dropped a lawsuit filed in California alleging that her producer sexually abused her, although other legal disputes between the two remain. 

Foster family to take fight for return of child with Choctaw heritage to state's high court

LOS ANGELES – The attorney for a foster family that was broken up when a 6-year-old girl was removed after a California appeals court upheld a ruling based on the provisions of the federal Indian Child Welfare Act (ICWA) and its state-law counterpart said a petition for review will be filed by Aug. 8, asking the California Supreme Court to hear the case.