John Breslin News

Woman loses fourth attempt at suit claiming use of the word 'diet' in diet soda is misleading

By John Breslin | Aug 23, 2018

SAN FRANCISCO – A Santa Rosa woman recently lost her fourth attempt to convince a federal court that she thought the word "diet" in a soda drink would help her lose weight or maintain a healthy weight.

Court certifies Walmart wage action, Supreme Court decision not in play, yet

By John Breslin | Aug 23, 2018

LOS ANGELES - Walmart current and former workers have won class certification in California over claims the giant retail company failed to pay wages when they were off the clock but on the premises.

Starbucks requests rehearing following Supreme Court 'off the clock' wage decision

By John Breslin | Aug 20, 2018

The state Supreme Court, in a July 26 opinion, said the federal "de minimis" is not applicable to California's wage and hours laws.

After staggering award in latest talc trial, just what is the scientific and geological evidence?

By John Breslin | Aug 19, 2018

From past history, the size of the award by a St. Louis jury will drop, likely drastically, and it may well be overturned on appeal.

Ruling favors Nutrition Distribution in false advertising claim against Pep Research

By John Breslin | Aug 18, 2018

In the underlying case, which began in 2016, Nutrition Distribution sued its rival under the Lanham Act and later added the claim the company was in the violation of the Racketeer Influenced and Corrupt Organization (RICO) Act.

Asbestos claims dropping in Los Angeles County, experts question why

By John Breslin | Aug 6, 2018

LOS ANGELES - Asbestos litigation appears, by many measures, to have reached the top of its curve, including in California, and particularly in Los Angeles.

State's high court says Starbucks must pay workers for time it takes to close store

By John Breslin | Jul 30, 2018

The California Supreme Court recently said employees must be paid for the small amount of time it takes to close up a store in ruling in a case in which a Starbucks worker filed suit claiming labor law violations.

Judge dismisses suit claiming trademark services company unlawfully practiced law

By John Breslin | Jul 25, 2018

SAN FRANCISCO – A judge for the U.S. District Court for the Northern District of California recently dismissed claims that a trademark services company made "false and misleading statements" and engaged in the "unlawful practice of the law."

From Legal Newsline

Bid to introduce cancer warnings on breakfast cereal packaging fails in California court

By John Breslin | Jul 25, 2018

LOS ANGELES (Legal Newsline) – A doctor's attempt to force cereal companies to display cancer warnings on the packaging of household name products sold in California has failed.

From Legal Newsline

California ordered to immediately return subprime crisis money 'unlawfully diverted' to general fund

By John Breslin | Jul 25, 2018

SACRAMENTO, Calif. (Legal Newsline) – California must immediately return more than $300 million transferred to the state's general fund from its share of billions of dollars paid by the country's largest mortgage services companies for their alleged roles in the subprime mess.

From Legal Newsline

Appeals court dismisses call for California consumers to be reimbursed sales tax on Ensure

By John Breslin | Jul 24, 2018

SAN FRANCISCO (Legal Newsline) – A California appeals court has dismissed an action over claims that consumers were wrongly charged sales tax on a line of nutritional drink products.

From Legal Newsline

New, strong Calif. data privacy act 'moves the needle' and could inspire other states

By John Breslin | Jul 24, 2018

SACRAMENTO, Calif. (Legal Newsline) – California's new Consumer Privacy Act will affect businesses as it introduces a limited private right of action and other penalties for violations.

Defendants in lead-based litigation hoping to benefit from conservative U.S. Supreme Court

By John Breslin | Jul 22, 2018

SAN FRANCISCO - Three defendants in the long running litigation over lead-based paint liability are probably hoping they will benefit from a significantly more conservative U.S. Supreme Court, according to one California-based law professor.

From Legal Newsline

Law firm asks Calif. court to order journalist's deposition and documents in legal row with mining company

By John Breslin | Jul 19, 2018

SAN FRANCISCO (Legal Newsline) – As fraud investigators in the United Kingdom continue their probe into the alleged murky dealings in Africa of a mining company, a federal court is being asked to subpeona a California reporter.

Florida man alleges job offer was withdrawn because HireRight included non-conviction arrest record in report

By John Breslin | Jul 10, 2018

SAN FRANCISCO – A background check service company in Irvine unlawfully included a non-conviction arrest record in a report that led to the rescinding of a lucrative job offer, according to a complaint filed in the U.S. District Court for the Northern District of California.

From Legal Newsline

As Facebook faces class action, likelihood of other platform companies being sued increases

By John Breslin | Jun 29, 2018

SACRAMENTO (Legal Newsline) - As Facebook faces a deeply damaging class action suit over its admitted sale of data to third parties, the potential that other social media and tech companies will be hauled before the courts is increasing in likelihood.

Judge refuses to award all of the fees sought Christmas tree maker in patent case

By John Breslin | Jun 27, 2018

SAN FRANCISCO – A federal judge in U.S. District Court for the Northern District of California recently refused to award all of the attorney and expert fees that a company that produces artificial Christmas trees claims it is entitled to for its defense of a firm that marketed and sold its trees.

Judge denies tech company's motion to overturn jury verdict or order new trial in patent infringement case

By John Breslin | Jun 27, 2018

SAN FRANCISCO – A federal judge in the U.S. District Court for the Northern District of California recently denied a tech company's motion to either overturn a jury verdict in a patent infringement case or order a new trial.

Suit against Fitbit over devices claiming to track heart beat can proceed, federal judge rules

By John Breslin | Jun 21, 2018

SAN FRANCISCO – A federal judge in the U.S. District Court for the Northern District of California recently ruled that a suit alleging Fitbit made inaccurate marketing claims regarding its wristband devices that track user heart beat can continue but agreed to dismiss allegations that the company attempted to unjustly enrich itself.

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