News from March 2018
Appeals court affirms Fish and Wildlife Service lawfully ended otter program
The U.S. Court of Appeals for the 9th Circuit held March 1 the U.S. Fish and Wildlife Service has authority to stop the southern sea otter relocation program authorized by Public Law 99-625.
Federal judge: 190-page response to Greenpeace's motion to dismiss lawsuit is too long
SAN FRANCISCO — A federal judge in San Francisco has ordered an almost 200-page response to a motion to dismiss a lawsuit against Greenpeace International to be condensed before he will consider the cause.
Appellate court affirms $213,500 award to Diya TV over lost advertising revenues
SAN JOSE – The Court of Appeal of the state of California, 6th Appellate District, affirmed a Santa Clara County Superior Court's judgment on March 14 after the defendants in the case challenged a $213,500 award.
Former law firm partner entitled to jury award overturned by trial court's JNOV, appeals court says
A law firm's former partner is entitled to an overturned jury award of almost $300,000 that followed his ouster from the firm, according to a state appeals court said in a recent ruling.
Injunction stops glyphosate from needing California's Prop 65 cancer warning label
SACRAMENTO, Calif. (Legal Newsline) – The U.S. District Court for the Eastern District of California partially ruled in favor of businesses and agricultural groups who opposed the warning requirement for herbicide glyphosate under Proposition 65 over allegations it violated their First Amendment rights.
Woman alleges she was injured when Uber driver collided with another vehicle
SAN FRANCISCO – An Uber rider alleges she was injured when the driver rear-ended another vehicle.
Vitas Healthcare Corp. employee alleges form violates Fair Credit Reporting Act
SAN FRANCISCO – An employee of a health care facility alleges she was provided a facially invalid authorization form when she applied for employment.
Woman files disability discrimination suit against Les Concierges
SAN FRANCISCO – A woman alleges her San Francisco employer failed to accommodate her wrist injury.
Design Collection alleges textile design was unlawfully used in garments
LOS ANGELES – A Los Angeles company alleges one of its copyright fabric designs has been used in garments without its knowledge or consent.
State Farm alleges it is entitled to subrogation from two individuals
SAN FRANCISCO – An insurance company is seeking more than $10,000 from two San Francisco County individuals after a collision in the city.
Luminence alleges photo was unlawfully used on competing product
SAN DIEGO – A La Jolla limited liability company alleges a copyrighted image of its fiber optic hair attachment is being using on a competitor's product.
TWD LLC files suit against Grunt Style over use of This We'll Defend mark
SAN DIEGO – An Illinois limited liability company is alleged to have unlawfully used a trademarked phrase on clothing it sold online on eBay and Amazon.
Wheelchair user alleges he did not have full access to Snooze restaurant
SAN DIEGO – A Del Mar Heights Road, San Diego restaurant is alleged to have failed to comply with state access standards for patrons who use wheelchairs.
Consumer claims Capital One Auto Finance submitted unauthorized report inquiry
SAN DIEGO – A San Diego County consumer alleges her credit report was affected by an unauthorized inquiry.
Individuals allege Duringer Law Group wrongfully filed unlawful detainer action
SAN DIEGO – Two San Diego County residents allege that a law firm unlawfully filed an unlawful detainer action against them.
HomeAway must comply with San Francisco subpoena for rental records, appeals court rules
San Francisco-area residents who have rented out rooms in their homes through an app in the past six years but haven't told the local tax collector may soon find themselves in trouble.
BP, others file for dismissal in climate change case
BP, along with four other oil companies, on March 20 filed a motion to dismiss a case in the U.S. District Court for the Northern District Court of California, claiming that the people of the state of California, the plaintiff, has failed to state a claim of relief required under federal law.
Appellate court agrees plaintiffs in foreclosure case did not file 'frivolous' suit
SACRAMENTO – An appeals court has reversed a trial court’s order centered on monetary sanctions in a lawsuit involving a home foreclosure.
California court rules mortgage companies can be considered debt collectors under Rosenthal Act
SAN DIEGO (Legal Newsline) – On March 13, California’s 4th Appellate Court, Division One issued a ruling that reversed the San Diego County Superior Court's decision that favored a mortgage servicer, finding that mortgage companies can be considered debt collectors under the state's Rosenthal Fair Debt Collection Practices Act.
Court affirms ruling in anti-SLAPP whistleblower case
SANTA ANA – A court has upheld an order of the Superior Court of Orange County in a whistleblower case regarding alleged Medicare fraud.