Navajo Nation Prevails Against Defendants’ Motions to Dismiss in Gold King Mine Suit

“With Tuesday’s considered ruling, the Court has largely denied the motions to dismiss brought by each group of defendants named,” said partner Andrew Walsh. “For over three years, since the August 2015 Gold King Mine disaster, we have been fighting for full and fair recovery for our client, The Navajo Nation. Having prevailed on the motions, we look forward to continuing that effort.”

The Court’s ruling ensured that all defendants remain in the case and are subject to liability under both CERCLA and tort law.

The 2015 spill occurred when EPA workers assessing a leak at the Gold King Mine accidentally destroyed a dam holding back water contaminated with arsenic, mercury, cadmium, iron and copper, releasing the tainted water into an Animas River tributary that in turn flowed into the San Juan River and the Colorado River.

The Navajo Nation is represented by John C. Hueston, Moez M. Kaba, Andrew Walsh, and Stephen Richards.

Click here to read the Law360 article.

Significant CDA Immunity Victory For Social Networking App

The district court and 2nd Circuit agreed that defendants were protected by CDA immunity and that Plaintiff’s additional claims sounding in fraud and consumer protection were inadequate as a matter of law.

The case presented an important question on the interpretation and reach of the Communications Decency Act (CDA), a 1996 federal law that, as relevant here, outlines tech companies’ responsibilities towards their users.

In an article to Reuters partner Moez M. Kaba said, “the decision clarified that CDA protections extend to apps, which is important in the smartphone era, where so much activity is done on apps rather than through traditional web pages.”

Grindr Holding Co. was represented by Moez M. Kaba and Allison Libeu.

To read the full Reuters article, click here.

To read the Law360 article, click here.

Judge Rules in Favor of Tesla in Visa Fraud Suit

The federal judge dismissed the Fair Labor Standards Act, False Claims Act and Racketeer Influenced and Corrupt Organization Act claims in a third amended suit by the plaintiffs, and barred the plaintiffs from amending or re-filing.

As noted in a Law360 article, “Judge Koh determined that it was the end of the line for all of Lesnik’s claims because he struck a deal in June 2016 to release ‘all wage and hour and employment-related claims,’ among other things, against Tesla and Eisenmann.” the FLSA and FCA claims had to be tossed because Tesla and Eisenmann did not qualify as the plaintiffs’ “joint employers,” and were never under any obligation to pay the plaintiffs’ alleged visa fees. Some claims were also dumped because one of the plaintiffs had “struck a deal in June 2016 to release  ‘all wage and hour and employment-related claims,’ among other things, against Tesla and Eisenmann.”

Click here to read full article.

Benchmark Litigation Names Hueston Hennigan Los Angeles Firm of the Year and John Hueston and Rob Klieger Attorneys of the Year

John Hueston also received the “Los Angeles Attorney of the Year” award and Rob Klieger received the “Entertainment Litigation Attorney of the Year.”

The winners were selected based upon extensive research conducted between March and November 2018.

Navajo Nation’s Gold King Mine Spill Suit to Proceed Against United States

As noted in the Law360 article, partner Moez Kaba said, “We look forward to a trial as soon as possible where the Navajo Nation can finally obtain recovery for this unprecedented environmental disaster.”

The 2015 spill occurred when EPA workers assessing a leak at the Gold King Mine accidentally destroyed a dam holding back water contaminated with arsenic, mercury, cadmium, iron and copper, releasing the tainted water into an Animas River tributary that in turn flowed into the San Juan River and the Colorado River.

The Navajo Nation is represented by John Hueston, Moez Kaba, Andrew Walsh, and Stephen Richards.