California Case Summaries

Business Transactions

Primary practice area

Ninth Circuit Court of Appeals, Business Transactions, Intellectual Property, Litigation

Comet Technologies USA v. XP Power — Ninth Circuit Vacates $40 Million Trade Secret Verdict Over Burden-of-Proof Error

The Ninth Circuit vacated a $40 million jury verdict for semiconductor component maker Comet Technologies and ordered a new trial after finding that the district court erroneously placed the burden of proving "ready ascertainability" of alleged trade secrets on XP Power rather than on Comet, in violation of the federal Defend Trade Secrets Act.

2nd District Court of Appeal, Business Transactions, Litigation

Pitt v. Shefler — Russian Billionaire’s Purchase of Jolie’s California Company Subjects Him to California Jurisdiction

The Second District reverses a quashal of service, holding that Yuri Shefler — Swiss-resident billionaire and beneficial owner of SPI Group — is subject to personal jurisdiction in California because he directed, financed, and personally communicated about the purchase of Angelina Jolie's California LLC (Nouvel) in a deal governed by California law.

4th District Court of Appeal, Business Transactions, Intellectual Property, Labor & Employment Law

Guild Mortgage v. CrossCountry Mortgage — Court Revives Claims Against Rival That Orchestrated Branch Defection, Rejects CUTSA Displacement

The Fourth District revives claims against a rival mortgage company that allegedly orchestrated a branch defection scheme, holding that all employees owe a duty of loyalty and that CUTSA does not displace interference or computer fraud claims.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Olson v. FCA US, LLC — Car Manufacturer Cannot Force Consumer to Arbitrate Using Dealership’s Arbitration Clause

Ninth Circuit holds that an automobile manufacturer that was not a party to a consumer's lease agreement with a dealership cannot enforce the lease's arbitration or delegation clause, reaffirming Kramer v. Toyota and applying the California Supreme Court's Ford Motor Warranty Cases decision.

Ninth Circuit Court of Appeals, Administrative Law, Business Transactions

Twenty-Nine Palms Band of Mission Indians v. Blanche — Ninth Circuit Holds California Cigarette Tax and Licensing Laws Apply to a Tribe’s Cigarette Sales to Other California Tribes

The Ninth Circuit affirms placement of a southern-California tribe on ATF's PACT Act non-compliant list, holding that the tribe's remote cigarette sales to other California tribes are off-reservation activities subject to California's licensing and excise-tax laws.

Ninth Circuit Court of Appeals, Business Transactions, Environmental Law

County of San Bernardino v. Insurance Company of the State of Pennsylvania — Ninth Circuit holds policy’s aggregate limit does not apply to property damage, restoring per-occurrence coverage for Chino Airport environmental cleanup

The Ninth Circuit reverses the dismissal of the County of San Bernardino's coverage suit against ICSOP for cleanup costs at the Chino Airport, holding that the policies' aggregate limits provision is ambiguous and does not cap property-damage coverage.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

McAuliffe v. Robinson Helicopter — Ninth Circuit holds GARA’s rolling 18-year repose period restarts for replacement parts even without substantive alteration, reviving Hawaiian crash family’s wrongful-death suit against Torrance manufacturer

The Ninth Circuit holds that GARA's rolling provision restarts the 18-year statute of repose for replacement aircraft parts even when the new part is identical to the original, reviving a wrongful-death suit against Torrance-based Robinson Helicopter Company over a fatal Hawaiian sightseeing crash.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Panelli v. Target Corporation — Ninth Circuit revives California consumer class action over allegedly impossible 800-thread-count cotton sheets, holding a literally false claim can deceive even when its falsity is verifiable

The Ninth Circuit reverses dismissal of a California consumer class action against Target over allegedly impossible 800-thread-count cotton sheets, holding that the literally false advertising framework applies when a label is unambiguous and that a physically impossible claim can still deceive a reasonable consumer.

4th District Court of Appeal, Business Transactions, Litigation

NNN Capital Fund I, LLC v. Mikles — Standing of Purported LLC Representatives Is a Jurisdictional Issue That May Be Raised at Any Time, Including After Arbitration

Fourth District vacates judgment confirming arbitration award and remands for the trial court to determine whether the purported liquidating trustees who brought the action on behalf of an LLC had standing under the company's operating agreement, holding that jurisdictional standing may be challenged at any time.

Ninth Circuit Court of Appeals, Business Transactions, Litigation

Brown v. The Brita Products Company — Ninth Circuit affirms dismissal of California consumer suit, holding no reasonable consumer expects a $15 water filter to remove every contaminant

The Ninth Circuit affirms dismissal of a California consumer class action against Brita, holding that no reasonable consumer would expect a low-cost water filter to remove every common contaminant when the packaging only claims to 'reduce' specific listed contaminants and directs buyers to a Performance Data Sheet.

4th District Court of Appeal, Business Transactions, Litigation

Gonzalez v. Community Mortuary — Impracticability of Performance Is an Equitable Defense Tried to the Court, Not the Jury

Fourth District holds that impracticability of performance is an equitable defense that must be tried to the court rather than the jury and reverses a defense verdict in a breach of contract case arising from a Texas mortuary's body mix-up that resulted in the wrong body being buried in San Diego.

2nd District Court of Appeal, Business Transactions, Litigation

Jogani v. Jogani — $6.85 Billion Verdict in Brothers’ Real-Estate Partnership Suit Conditionally Affirmed; Lost-Profits Expert Testimony Excluded

Second District conditionally affirms a $6.85 billion verdict in a five-month trial over the Jogani brothers' real-estate partnership, but orders a remittitur because Shashi Jogani's damages expert testified to an undisclosed lost-profits opinion exceeding $1.9 billion.

Scroll to Top