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Magistrate Judge Won’t Dismiss UCL Suit Over ‘Sunset’ Of Payroll Software

SAN FRANCISCO — A California federal magistrate judge on Sept. 12 denied a software provider’s motion to dismiss a suit against it for breach of contract and violation of California’s unfair competition law (UCL), brought by a payroll company that alleges that it unlawfully lost access to payroll software and searchable client data contained therein after paying licensing fees for more than 20 years.

Parties Tell Judge Partial Settlement Reached In Post- Surgical Complication Suit

STATESVILLE, N.C. — A couple alleging that a woman suffered post-surgical complications following a spinal surgery that included a FiberCel product and certain defendants told a North Carolina federal court that they have reached a settlement to resolve all claims, while filing a letter with the court advising that mediation with another defendant has been unsuccessful.

Panel Affirms Jury Verdict Of Over $418,000 For Estate In Undue Influence Case

ATLANTA — A Georgia appellate court affirmed a jury verdict of $418,758.55 in an undue influence and fraud suit filed by the estate of a man against a woman almost five decades his junior who had moved in with him, promising to take care of him for the rest of his life, finding that the woman “failed to present any meaningful argument” to show a lack of evidence regarding her “egregious conduct” in gaining control over “an elderly, cognitively impaired man’s finances, assets, and property.”

Magistrate Addresses Row Over Documents DOL Gave Plaintiffs Challenging ESOP Deal

DENVER — Ruling that a common interest agreement (CIA) does not protect the U.S. Department of Labor (DOL) from waiving its privileges and protections by sharing investigative materials with plaintiffs challenging an employee stock ownership plan (ESOP) deal, a Colorado federal magistrate judge on Sept. 11 said the plaintiffs gained “access to information they can leverage, use to take shortcuts, and rely upon to circumvent ordinary discovery protocols.”

Jury Hands Monsanto A Win In Pennsylvania Glyphosate Cancer Trial

PHILADELPHIA — A jury in a Pennsylvania state court on Sept. 12 ruled in favor of Monsanto Co. in a trial for damages brought by a man who contended that he developed cancer from exposure to glyphosate, the active ingredient in the herbicide Roundup.

Experts In College Admission Case Challenging Racial Preferences Can Testify

BALTIMORE — Experts retained by an organization that alleges that the U.S. Naval Academy unconstitutionally considers race as a factor in admissions can testify after a federal judge in Maryland largely denied a motion to exclude.

Federal Judge Enjoins Trump Campaign From Further Uses Of Soul Song

ATLANTA — A federal judge in Georgia on Sept. 11 partially granted a motion from the estate of a songwriter and the company that manages his works to bar former President Donald J. Trump and associated entities from using a soul tune from the 1960s at future campaign appearances, but the judge held that the estate and the company are not harmed by videos of the song being used at past campaign stops.

Split Panel Reverses Dismissal Of Hand Sanitizer Suit On ‘Dirty Hands’ Theory

PASADENA, Calif. — A split Ninth Circuit U.S. Court of Appeals panel on Sept. 11 reversed the dismissal of a putative class action against a hand sanitizer maker that advertises its products as capable of killing “99.99% of germs,” with the majority finding that the plaintiff adequately raised an “alternative theory” that the defendant misrepresented the effectiveness of its products under “real-world conditions” in which consumers’ hands may be dirty, greasy or wet.

10th Circuit Reinstates Bias Claims Of Fired Administrator Who Opposed School Play

DENVER — An assistant principal who was fired after citing religious beliefs when disagreeing with a play that was to be put on by students may proceed with his discrimination claims under Title VII of the Civil Rights Act of 1964 and the Colorado Anti-Discrimination Act (CADA), a 10th Circuit U.S. Court of Appeals panel ruled Sept. 10, opining that the former employee “provide[d] a plausible link between his termination and a discriminatory motive.”

Manufacturer Of Embryo Culture Media Wins Dismissal In Suit Over Loss Of Embryos

OAKLAND, Calif. — A California federal judge granted motions to dismiss filed by the manufacturer of embryo culture media and its subsidiary in a case in which a couple alleges that a defective solution that was used in the fertility procedure caused none of their fertilized eggs to survive to the blastocyst stage.

Calif. Federal Judge Awards Metal-On-Metal Hip Implant Maker Summary Judgment

OAKLAND, Calif. — A California federal judge on Sept. 10 granted summary judgment to defendants in a defective metal-on-metal hip implant case remanded from a multidistrict litigation after finding that the man who alleges that he was injured failed to prove causation or that his doctor relied on misrepresentations from the company.

LATEST NEWS

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Judge Dismisses Patent Infringement Claims Against Hulu Over Ad Stream Technology
Summary Judgment Bid Largely Fails In ERISA Class Row Over Proprietary Funds
Attorney Fees Judgment Stayed In Jack In The Box Workers’ Wage Suit
Magistrate Judge Won’t Dismiss UCL Suit Over ‘Sunset’ Of Payroll Software
Stay Granted After NextHome Reaches Settlement In Real Estate Commissions Suit
Parties Tell Judge Partial Settlement Reached In Post- Surgical Complication Suit
Trial Court Properly Found Insured’s Complaint Against Auto Insurer Cannot Proceed
Split ICSID Tribunal Awards More Than $87M In Casino Investors’ NAFTA Claim
Judge Grants Injunction In 1st Amendment Row Over Utah Social Media Moderation Law
Settlement Reached Between Insurer, Insureds In Water Damage Coverage Suit
Panel Affirms Jury Verdict Of Over $418,000 For Estate In Undue Influence Case
Avondale Ordered To Produce Family Employment Records, Opposes Expedited Trial
Judge Dismisses Hurricane Coverage Row With Guaranty Association After Settlement
Judge Denies Motion To Reconsider Rehab Plan For Workers’ Comp Insurer
2 More ERISA Suits Target Companies, State Street Over Pension Risk Transfers
Magistrate Denies Camp Lejeune Plaintiffs’ Discovery Request As ‘Overbroad’
Utah Judge Rules For Insurer In Coverage Dispute Over Ill. BIPA Violation Claims
Judge Finds Jurisdiction, Standing In Medical Provider Data Breach Class Action
Magistrate Recommends Granting 2 Motions To Exclude Experts For Rule 26 Violations
Albertsons Loses Bid To Remand Public Nuisance Claims From Opioid MDL
Laboratory, Trade Association Ask Court To Vacate FDA’s Final FDCA Regulation Rule
Magistrate Addresses Row Over Documents DOL Gave Plaintiffs Challenging ESOP Deal
Jury Hands Monsanto A Win In Pennsylvania Glyphosate Cancer Trial
Government Seeks Rehearing After Appeals Court Revives AI Image Program Vendor’s Suit
Canada Tells ICSID Climate Change Goals Required It To Block Gas Project
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