Elizabeth Alt News
Fitbit granted motion for sanctions against Smart Wearable Technologies in infringement case
SAN FRANCISCO – The U.S. District Court for the Northern District of California granted technology company Fitbit’s motions for sanctions and attorney’s fees against Smart Wearable Technologies Inc., noting that plaintiff Smart Wearable’s arguments were “borderline frivolous.”
Flexible Funding alleges Apollo Research Partners misappropriated more than $400,000
SAN FRANCISCO – A complaint was filed in the U.S. District Court for the Northern District of California by a financial company who claims it provided finances to a man starting a temporary staffing company who misappropriated the payments for his own personal use.
Son of late Navy veteran alleges delay in treatment at VA-contracted hospital caused death
SAN FRANCISCO – The son of a U.S. Navy veteran filed a lawsuit against the U.S. Department of Veterans’ Affairs, alleging the VA is directly responsible for his father's death after suffering three heart attacks.
Field Asset Services workers awarded restitution in misclassification case
SAN FRANCISCO – Former workers at Field Asset Services in California were awarded restitution of more than $600,000 in May after the U.S. District Court of the Northern California District previously found the company misclassified the workers as independent contractors and were liable for damages.
Underground Specialties alleged to have failed to submit to audit per bargaining agreement
SAN FRANCISCO – The Board of Trustees for Northern California District Council of Laborers, et al. has filed a complaint for audit against Underground Specialties and requests that a federal court issue an injunction for the company to submit to an audit and pay damages.
Judge pares allegations against Disney, Fox and Paramount in patent infringement case
SAN FRANCISCO – A federal judge in the U.S. District Court for the Northern District of California recently denied most of Disney, Fox, and Paramount’s motions to dismiss an intellectual property lawsuit alleging the companies used a patented motion picture visual effects technology program.
Construction firm denied bid to dismiss insurer's claim in case related to contaminants leak at preschool
SAN FRANCISCO – A federal judge in the U.S. District Court for the Northern District of California recently declined to stay proceedings or dismiss a suit brought by an insurance provider alleging their policy does not cover a construction company being sued for allowing asbestos and other contaminants to leak into the air of a preschool.
Apple's patent infringement suit against Samsung dismissed after settlement is reached
SAN JOSE – The U.S. District Court for the Northern District of California, San Jose Division, recently issued a court order to dismiss Apple Inc.’s lawsuit claiming Samsung Electronics Co. Ltd. copied Apple’s patented designs, ending the 7-year-old case.
Court denies part of Atkins' bid to dismiss misleading labeling lawsuit
The U.S. District Court for the Southern District of California offered a mixed ruling to a woman who claimed that low-carb diet company Atkins Nutritionals Inc. (Atkins) uses misleading statements regarding the net carbs on its snacks.
Former VA worker files suit claiming violations of the Civil Rights Act
A former U.S. Department of Veterans Affairs employee recently filed a lawsuit alleging her supervisor punished, harassed and threatened her based on her gender and religion and retaliated against her for making a complaint.
Court denies amended motion for class certification in alleged Dodge Dart defects case
SAN DIEGO – The Southern California District Court issued a ruling to deny a group of plaintiffs’ motions to certify a class of people who bought or leased certain year models of the Dodge Dart they allege has a defective clutch.
Battle of the Midway wrestling tournament founder granted judgment after defendants failed to participate
SAN DIEGO – Left Coast Wrestling LLC was granted judgement in its suit over allegations a former partner of the company took its trademarked name Battle of the Midway used for youth wrestling tournaments and created his own wrestling tournament.
Doctor ordered by Southern District court to produce emails in defamation suit
SAN DIEGO – On May 24, the Southern California District Court granted part of Dr. Jason Toranto’s motion to compel another doctor to produce emails relating to his suit over allegations that multiple doctors conspired to keep him from getting a job with the Children’s Hospital of Orange County.
Individual dismissed as plaintiff in securities fraud suit against Face It CEO
SAN DIEGO – The U.S. District Court for the Southern District of California granted a motion to dismiss an individual plaintiff who alleged fraud and elder abuse.
Parents of special-needs students allege rights violations by Antioch school district
The parents of a special-needs student recently filed a lawsuit against Antioch Unified School District (AUSD) along with 10 unnamed defendants alleging their son was discriminated against for his race and disability.
Jamba Juice says insurer refused coverage in worker's sex assault claim
The parent company of Jamba Juice outlets in Colorado is suing insurance company Houston Casualty over its denial to cover a sexual assault claim filed on behalf of a juvenile employee at a Colorado outlet who was allegedly sexually assaulted by a store manager.
San Diego lawyers claim Virgin Islands' firm hasn't paid them
Several San Diego law firms claim Amy Claire Dempsey of BioImpact, a company based in the U.S. Virgin Islands, has flat out refused to pay any of them for about $300,000 in services rendered.
San Diego County woman claims law firm used abusive, threatening practices to collect debt
A San Diego County woman has filed a lawsuit in U.S. District Court for the Southern District of California against a California law firm alleging abusive debt collection practices that violate the Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act.
Wakaya ordered to pay Youngevity reasonable attorney's fees
The U.S. District Court for the Southern District of California granted part of the attorney’s fees be paid to Youngevity International Inc. in its suit with Wakaya, a brand allegedly created from former Youngevity distributors.
Federal court rejects motion to reconsider $3M ADA violation case
The U.S. District Court for Southern California denied a man’s motion to have his case alleging violations of the Americans with Disabilities Act and mail fraud reheard for lack of new evidence to warrant a reconsideration of summary judgment.