Mealey's California Section 17200
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June 21, 2024
Stalking Victims Defend UCL Claims Against Apple Over AirTag Use
SAN FRANCISCO — A group of putative class plaintiffs who claim that Apple Inc.’s “AirTag” tracking devices were used to stalk them oppose Apple Inc.’s motion to dismiss their second amended complaint (SAC), asserting that they have cured pleading deficiencies identified by a California federal court and have sufficiently alleged injury under California’s unfair competition law (UCL) and established that California law applies to both in-state and out-of-state plaintiffs.
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June 21, 2024
California Urges High Court To Not Review Arbitrability Of Uber, Lyft Wage Claims
WASHINGTON, D.C. — California on June 20 filed a brief to the U.S. Supreme Court opposing petitions for writs of certiorari filed by Uber Technologies Inc. and Lyft Inc., arguing that a state appellate court properly affirmed the denial of Uber and Lyft’s attempt to compel arbitration of state officials’ lawsuits against them for allegedly misclassifying drivers in violation of California’s unfair competition law (UCL).
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June 21, 2024
Judge Allows Minors’ Data Collection Claims Against Google And Subsidiaries
SAN FRANCISCO — A California federal judge denied Google LLC and its advertising subsidiaries’ motion to dismiss a nationwide putative class action brought against them by minors for collecting their personal data before the age of 13 in violation of California’s unfair competition law (UCL) and other states’ consumer protection laws.
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June 21, 2024
Revised $195,000 Class Deal Gets Initial OK In Suit Alleging Fraudulent Policies
SANTA ANA, Calif. — Ruling various revisions sufficient, a California federal judge granted preliminary approval to a $195,000 settlement in a suit over alleged fraud involving captive reinsurance, also modifying the preliminarily certified settlement class.
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June 20, 2024
Mortgage Discrimination Case Against Navy Federal Credit Union Partially Dismissed
ALEXANDRIA, Va. — A Virginia federal judge has granted partial dismissal of a racial discrimination loan case against the Navy Federal Credit Unition by nine individuals and struck their motion to certify the case as a class action.
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June 19, 2024
JPMDL To Mull Consolidation Of Cases Alleging Benzene In Acne Products
WASHINGTON, D.C. — The U.S. Judicial Panel on Multidistrict Litigation (JPMDL) will meet in Portland, Maine, on July 25 to decide whether to consolidate for pretrial purposes cases that allege that users of benzoyl peroxide (BPO) products for the treatment of acne vulgaris, including creams, washes, scrubs and bars, were inadequately warned about the presence of benzene.
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June 19, 2024
California Class Complaint Accuses Apple Of Paying Women Less Than Men
SAN FRANCISCO — Apple Inc. “systematically” pays females employees lower wages than similarly situated male employees, a putative class complaint filed in a California court by two female employees alleges.
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June 18, 2024
Counterclaims Tossed In California Patent Row Over Chipmaking Robots
SAN FRANCISCO — An automation company accused of infringing five reissue patents for chipmaking robots saw its counterclaim for inequitable conduct dismissed, with a federal judge in California rejecting arguments that during patent prosecution an industry standard was purposely withheld from the examiner when the same standard is identified in the specification of the parent patent.
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June 18, 2024
9th Circuit Affirms Dismissal Of Power Monitoring Claims Against Solar Company
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals on June 17 affirmed the dismissal of a consumer’s putative class action suit against a solar panel manufacturer for violation of California’s unfair competition law (UCL) and other laws, finding that the manufacturer did not guarantee that it could provide power production monitoring indefinitely and explicitly warned customers that its third-party monitoring service could be phased out.
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June 18, 2024
Claims Over Hotel’s Use Of Minors’ Photo On Instagram, Website Dismissed
LOS ANGELES — Citing issues of preemption and shotgun pleadings, a California federal judge dismissed claims of copyright infringement, unfair competition and misappropriation, among others, that were brought against a hotel for its online use of an Instagram picture of two minors that purportedly exceeded any consent granted by the copyright holder.
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June 17, 2024
9th Circuit Affirms Dismissal Of UCL Suit Against Energizer Over ‘50% Longer’ Claims
SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on June 14 affirmed a district court’s dismissal of putative class action claims that a new variety of “Energizer” brand batteries was deceptively marketed as “up to 50% longer lasting,” finding that the battery labels contain qualifying statements and do not violate California consumer protection laws.
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June 17, 2024
Plaintiffs Won’t Amend Privacy Action Involving ChatGPT After Dismissal
SAN FRANCISCO — Plaintiffs confronted with a court ruling finding their privacy and California unfair competition law (UCL) action involving artificial intelligence raises policy concerns more appropriate in a town hall than a courtroom told a federal judge in California on June 14 that they will not amend their complaint and asked the court to close the case.
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June 17, 2024
Magistrate Judge Allows Amended Breach Of Contract Claim Against Payroll Company
SAN FRANCISCO — A California federal magistrate judge granted a company’s motion to amend its breach of contract claim that was previously dismissed with prejudice against a software provider after finding the plaintiff pleaded a new theory in its suit claiming the provider breached the parties’ contract by ceasing to provide access to certain software after 20 years.
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June 17, 2024
StubHub, Ticket Purchasers Dismiss 28 Class Claims In Pandemic Cancellation Suit
OAKLAND, Calif. — StubHub Inc. and the ticket purchasers who accuse StubHub in a consolidated class complaint in a federal court in California of changing its refund policies for events canceled or rescheduled due to the COVID-19 pandemic filed a stipulation to dismiss 28 of the 31 claims, leaving in place claims under California’s Consumers Legal Remedies Act (CLRA), unfair competition law (UCL) and false advertising law (FAL).
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June 14, 2024
Mortgagor Seeks Roughly $61M Settlement For Lender’s ‘Junk Fees’
SACRAMENTO, Calif. — A mortgagor moved in California federal court for final approval of a proposed settlement worth more than $53 million to reimburse more than 330,000 class members charged “hidden junk fees” in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) and California’s unfair competition law (UCL) and separately moved for more than $8 million in attorney fees and costs.
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June 14, 2024
Complaint Against Servicer Dismissed After Denial Of TRO Barring Foreclosure
LOS ANGELES — A borrower voluntarily dismissed his complaint against the servicer of his loan days after a federal judge in California denied his application for a temporary restraining order (TRO) blocking the foreclosure sale of his home, finding it unlikely that he would succeed on his claims that the servicer violated California’s unfair competition law (UCL) by misinforming him about his ability to obtain a COVID-19 forbearance plan.
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June 13, 2024
Elon Musk Dismisses Suit Claiming OpenAI Abandoned Principles
SAN FRANCISCO — Elon Musk filed paperwork asking a California court to dismiss his suit against OpenAI Inc. and Samuel Altman with a motion pending in which the defendants urged the court to dismiss the claims because Musk, the former company founder, cannot sustain California unfair competition law (UCL), contract and fiduciary claims based on a “make-believe ‘founding agreement.’”
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June 13, 2024
Judge Approves $400K Settlement With Attorney Fees Against Gopuff Shopping App
LOS ANGELES — A California federal judge granted final approval of a $400,000 settlement including $100,000 in attorney fees by shopping delivery company Gobrands Inc., d/b/a Gopuff, to resolve claims by Gopuff app users for violation of California’s unfair competition law (UCL) and automatic renewal law (ARL) by not obtaining users’ consent before charging them monthly recurring fees.
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June 13, 2024
Judge Allows Class Claim Against Cookie Company Over Unfair Service Fees
SACRAMENTO, Calif. — A California federal judge granted in part and denied in part a cookie retailer’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by deceptively charging a 2.95% service fee to customers who purchased cookies using the company’s mobile app.
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June 11, 2024
On Remand, Plaintiff Dismisses UCL Suit Over ‘Wet Ones’ Germ-Killing Claims
SAN DIEGO — A consumer who won reversal on appeal of a federal court’s ruling dismissing her complaint accusing a sanitary wipe product maker of violating California’s unfair competition law (UCL) by deceptively claiming that its product “Kills 99.99% of Germs” on remand filed a joint motion to dismiss with the defendant.
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June 11, 2024
Judge Dismisses Washington Post Subscribers’ ‘False Reference Pricing’ Claims
SAN FRANCISCO — A California federal judge on June 10 dismissed two Washington Post subscribers’ putative class action claims that the newspaper’s publisher violated California’s unfair competition law (UCL) and other laws by allegedly deceptively marketing its prices for subscriptions and denied the publisher’s motion to transfer to the District of Columbia.
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June 10, 2024
High Court Vacates Judgment, Remands National Bank Act Case, Citing Cantero
WASHINGTON D.C. — The U.S. Supreme Court in its June 10 order list granted certiorari in a case dealing with whether the National Bank Act (NBA) preempts state laws, vacated the judgment and remanded the case to the Ninth Circuit U.S. Court of Appeals “for further consideration in light of Cantero v. Bank of America, N.A.
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June 07, 2024
‘Town Hall’ Ruling Fuels Judge’s Dismissal Of AI Copyright Case
SAN FRANCISCO — A federal judge in California on June 6 granted a motion to dismiss copyright claims stemming from the training of artificial intelligence, citing a second judge’s concerns that a similar case involved claims more appropriate in a town hall than a courthouse.
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June 06, 2024
Company Accused Of Falsely Marketing Diabetes Products Must Face Suit, Judge Says
SAN FRANCISCO — A California federal judge on June 5 largely denied a company’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by allegedly representing its nutritional products as treating diabetic health conditions when they in fact contain ingredients that may worsen diabetic conditions.
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June 06, 2024
Couple Defends ‘Child Exploitation’ Claims Against Roblox In Class Suit
SAN FRANCISCO — Parents who bought their minor children in-game currency for use in Roblox Corp.’s online gaming platform filed briefs in California federal court opposing Roblox’s motions to dismiss or compel arbitration of their suit accusing it of violating California’s unfair competition law (UCL) and other laws, arguing that their claims that it designed its game to addict kids are not arbitrable.