In re Apple iPhone Antitrust Litigation

Plaintiffs who purchased applications from Apple’s App Store are direct purchasers from Apple and can sue it for monopolizing the market for distribution of applications that run on the iPhone.  Following the Third and Tenth Circuits and declining to follow contrary Seventh Circuit precedent, this decision holds that Rule 12(h)(2) generally bars a defendant from…

Esparza v. Kaweah Delta Dist. Hospital

Compliance with the Government Tort Claims statute’s claim presentation requirement may be alleged generally—as by checking a box on the Judicial Council form complaint stating that “Plaintiff … has complied with applicable claims statutes.”  Reaffirming Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228 and finding that it was not overruled expressly or impliedly…