Summary Judgment Bid Granted In Texas’ Consumer Protection Suit Against TikTok
AUSTIN, Texas — A Texas state court judge on Sept. 10 granted the state’s motion for partial summary judgment in its suit against TikTok Inc. and related entities alleging that the companies operating the social media platform TikTok violated the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) by “misleading consumers about their efforts to ensure that TikTok protects minors from inappropriate content,” finding that TikTok failed to remove certain categories of video content it claimed it would remove and made misrepresentations about the filtering capabilities of its restricted mode.
‘Perpetual Discount’ Class Action Dismissed With Prejudice By Judge
LOS ANGELES — A furniture company on Sept. 10 lodged a proposed judgment in California federal court dismissing a putative class action against it with prejudice after a judge granted its motion to dismiss a suit accusing it of deceptively listing its prices as discounted in violation of California’s unfair competition law (UCL) and other California laws, finding the company’s terms of use do not apply and none of the plaintiffs are from California or bought products in California.
Judge Won’t Dismiss New Plaintiff’s Claims Against Ford Over ‘E-Latch’ Doors
LOS ANGELES — A California federal judge on Sept. 10 denied Ford Motor Co.’s motion to dismiss a third amended complaint accusing it of violating California’s unfair competition law (UCL) by concealing an alleged defect with electronic door handles in certain car models that could leave the doors locked and unable to be opened when the vehicles lose power, writing that its arguments were previously raised and rejected before a new plaintiff was substituted.
Judge Dismisses Securities Fraud Action Over Registration Statements
NEW YORK — A federal judge in New York dismissed investors’ securities fraud class action against a technology company, certain of its employees and the underwriters of the company’s public offerings for allegedly misrepresenting key details about its business in its registration documents, finding that the investors did not plead a material misstatement or omission.
Magistrate Judge Dismisses Insured’s Claims With Prejudice In Hurricane Damage Suit
BATON ROUGE, La. — A Louisiana federal magistrate judge granted summary judgment in favor of a homeowners insurer and dismissed the insured’s breach of contract and bad faith claims because the insured failed to offer any evidence that she sustained damages as a result of the insurer’s handling of her claim.
6th Circuit: ‘Relating To’ Language Can’t Keep Asbestos Case In Federal Court
LOUISVILLE, Ky. — A panel of the Sixth Circuit U.S. Court of Appeals affirmed remand of an asbestos action on Sept. 9, finding that General Electric Co.’s provision of turbines to the U.S. Navy did not give it a colorable federal contractor defense to a woman’s claims stemming from her husband’s work at one of the company’s commercial facilities.
6th Circuit Denies Former Employee’s Mandamus Bid In Trademark, Harassment Row
CINCINNATI — In an order filed in two related cases, a Sixth Circuit U.S. Court of Appeals panel denied a pro se defendant-appellant’s request for a writ of mandamus in which he sought an audit of a trademark and harassment dispute with the appellant’s former employer; the panel said the man failed to show that his earlier appeal was not an adequate remedy.
Chief Justice Denies Bid For Stay Of Injunction, Trial In Trademark Software Row
WASHINGTON, D.C. — U.S. Supreme Court Chief Justice John Roberts on Sept. 9 denied a Dutch software company’s request to stay a North Carolina federal judge’s amended preliminary injunction and delay trial while it sought review by the high court in a dispute over a North Carolina company’s trademarked branding, copyrighted code and trade secrets.
Split Tribunal Awards Mining Company $15.8M In NAFTA Claim Against Mexico
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 9 published a split tribunal’s award ordering the United Mexican States to pay a U.S. mining company more than $15.8 million in damages, a fraction of the damages sought, for shutting down one of its mining operations in breach of the North American Free Trade Agreement (NAFTA), while finding that other NAFTA breaches by Mexico did not warrant an award of damages.
Widow Of Man Killed In Amazon Prime Plane Crash Sues Tech Giant, Others
MIAMI — The widow of a man who was killed when an Amazon Prime plane crashed into vehicles while landing at Miami International Airport filed a wrongful death and negligence suit on Sept. 9 in Florida state court against Amazon.com Inc., Amazon.com Services LLC, the company operating the plane and related entities and the two pilots, asserting that the defective condition of the aircraft “was a proximate cause of the incident and the failure of the aircraft to properly perform the landing in a safe manner.”
10th Circuit Denies Kansas Law Toxic Tort Repose Exception Appeal
DENVER — The 10th Circuit U.S. Court of Appeals denied a petition by two individuals who accuse the alleged owners and operators of a Kansas facility of exposing them and others to carcinogens, seeking interlocutory review of the question whether the latent disease exception to the Kansas Product Liability Act’s (KPLA) statute of repose applies to toxic tort claims arising from air emissions.