Mealey's California Section 17200 : Mealey's : Legal News & Analysis

Mealey's California Section 17200

September 17, 2024
Some 23andMe Users Seek Arbitration, Not Class Action, For Data Breach Claims

SAN FRANCISCO — In a brief filed in California federal court, several users of 23andMe Inc.’s website defend their right to pursue arbitration against the company for the theft of their genetic information by hackers, arguing that their decision to arbitrate defeats any typicality of claims between them and class members in a multidistrict litigation (MDL) over the theft and makes preliminary approval of a settlement of the MDL inappropriate.
September 16, 2024
Panel Says Suit Against Crypto Exchange For False Security Claims Not Arbitrable

SAN FRANCISCO — A California appellate panel affirmed a trial court’s denial of a cryptocurrency exchange’s petition to compel arbitration of claims that it misrepresented the security of its platform in violation of California’s unfair competition law (UCL) and other laws, finding that the plaintiffs’ claims are inarbitrable because they seek public injunctive relief, thereby affirming the opposite conclusion of that reached by a federal judge hearing similar claims brought by some of the same plaintiffs.
September 16, 2024
9th Circuit Won’t Rehear Baby Food Labeling Suit

PHOENIX — The Ninth Circuit U.S. Court of Appeals denied a baby food company’s petition for panel or en banc rehearing, with only a dissenting judge from the original panel voting in favor of rehearing the case in which the court reversed the dismissal of putative class claims and said that certain state law labeling claims were not preempted by federal law.
September 13, 2024
Magistrate Judge Won’t Dismiss UCL Suit Over ‘Sunset’ Of Payroll Software

SAN FRANCISCO — A California federal magistrate judge on Sept. 12 denied a software provider’s motion to dismiss a suit against it for breach of contract and violation of California’s unfair competition law (UCL), brought by a payroll company that alleges that it unlawfully lost access to payroll software and searchable client data contained therein after paying licensing fees for more than 20 years.
September 13, 2024
Judge Denies Motion To Reconsider Rehab Plan For Workers’ Comp Insurer

REDWOOD CITY, Calif. — Denying a motion that sought coverage of certain litigation costs for policyholders and a higher interest rate, a California state judge declined to reconsider her ruling approving a rehabilitation plan for California Insurance Co. (CIC), saying she “previously heard and considered these grounds.”
September 12, 2024
Judge Allows Consumer Suit Alleging ‘Compostable’ Bags, Tableware Contain PFAS

SACRAMENTO, Calif. — A California federal judge on Sept. 11 granted in part and denied in part a motion to dismiss a putative class action against a compostable product maker and Target Corp. for selling tableware and food storage bags that were allegedly deceptively labeled as “compostable” when they in fact contain per- and polyfluoroalkyl substances (PFAS).
September 12, 2024
Split Panel Reverses Dismissal Of Hand Sanitizer Suit On ‘Dirty Hands’ Theory

PASADENA, Calif. — A split Ninth Circuit U.S. Court of Appeals panel on Sept. 11 reversed the dismissal of a putative class action against a hand sanitizer maker that advertises its products as capable of killing “99.99% of germs,” with the majority finding that the plaintiff adequately raised an “alternative theory” that the defendant misrepresented the effectiveness of its products under “real-world conditions” in which consumers’ hands may be dirty, greasy or wet.
September 11, 2024
Judge Finds PFAS Claims Against Drink Maker Exceed Proposition 65

SAN FRANCISCO — A California federal judge said a consumer’s putative class action against a sports drink maker for violating California’s unfair competition law (UCL) and other statutes is not barred under the state’s Proposition 65 because her allegations of health risks caused by the presence of per- and polyfluoroalkyl substances (PFAS) in the product exceed those covered by the regulation, but dismissed several of her claims as insufficiently pleaded.
September 10, 2024
Hunter Biden Wins Attorney Fees From Laptop Files Poster

SAN FRANCISCO — A California federal judge on Sept. 9 granted Hunter Biden’s motion for attorney fees against a conservative activist and his organization, whom Biden accuses of violating computer fraud laws and California’s unfair competition law (UCL) by posting data from his private laptop online, finding that Biden is entitled to fees incurred defending against a frivolous motion to strike pursuant to California’s anti-Strategic Lawsuit Against Public Participation (SLAPP) law.
September 06, 2024
Consumer Drops Suit Accusing Arrowhead Water Of Microplastics Contamination

LOS ANGELES — A consumer filed a notice of voluntary dismissal in California federal court weeks after filing a third amended complaint accusing the company that sells Arrowhead-brand bottled water of violating California’s unfair competition law (UCL) and other laws by labeling its product as “100% Mountain Spring Water” when it allegedly contains microplastics that may be detrimental to human health.
September 05, 2024
Judge Again Rejects Gaming Company’s Bid To Arbitrate False Advertising Claims

SAN FRANCISCO — After soliciting another round of supplemental briefing on new state law precedent, a California federal judge on Sept. 4 again denied a gaming company and its co-founders’ motion to compel arbitration of putative class claims against them for violating California’s unfair competition law (UCL) by falsely advertising their mobile games as offering live competition, reiterating that the arbitration agreement is unconscionable and unenforceable.
September 03, 2024
StubHub Pays $300K To Settle California Suit For Failure To Refund For COVID

LOS ANGELES — The California Attorney General’s Office and StubHub Inc. filed a joint stipulation in California state court resolving the state’s claims that the ticket reselling website wrongly denied cash refunds to customers in violation of California consumer protection laws after it agreed to pay nearly $300,000 in civil penalties and previously paid roughly $20 million in cash refunds to customers.
September 03, 2024
Judge Won’t Remand Putative Class Suit Against Wal-Mart Over Avocado Oil Sales

SACRAMENTO, Calif. — A California federal judge denied a consumer’s motion to remand his putative class action against Walmart Inc. for allegedly deceptively labeling its avocado oil product as pure avocado oil in violation of California’s unfair competition law (UCL) and other laws, finding that Walmart properly removed the suit after calculating that the amount in controversy is greater than $5 million.
August 30, 2024
Judge Won’t Reconsider Certification Of Class Action Against Pasta Company

SAN FRANCISCO — A California federal judge on Aug. 29 denied an Illinois-based pasta manufacturer’s motion for leave to file a motion for reconsideration of the court’s order certifying a class action against it for allegedly deceiving consumers into believing its products originated in Italy based on its label bearing the statement “Italy’s #1 Brand of Pasta” and Italian flag colors.
August 30, 2024
Judge Relates Suits Over YouTube Video AI Training

SAN FRANCISCO — A federal judge in California related two California unfair competition law (UCL) cases brought by a man who claims companies illegally downloaded and transcribed YouTube videos for use in training their artificial intelligences.
August 29, 2024
Consumer Groups Urge 9th Circuit To Rehear Baby Food UCL Case

PHOENIX — Consumer and food associations filed an amicus curiae brief urging the Ninth Circuit U.S. Court of Appeals to grant a baby food company’s petition for panel or en banc rehearing, writing that a panel’s reversal of the dismissal of class claims accusing it of deceptive labeling will create “confusion.”
August 29, 2024
Yelp Files Antitrust Suit Against Google, Alleges Online Search ‘Monopoly Power’

SAN FRANCISCO — Internet search platform Yelp Inc. on Aug. 28 sued multinational search engine tech company Google LLC in a California federal court, asserting antitrust violations pursuant to the Sherman Act regarding Google’s alleged “numerous anti-competitive practices, including stealing information from Yelp’s website and passing it off as Google’s own.”
August 29, 2024
Judge Dismisses Advertiser’s ‘Click-Through Fraud’ Claims Against Reddit

SAN FRANCISCO — A California federal judge granted Reddit Inc.’s motion to dismiss a tech company’s putative class action accusing it of violating California’s unfair competition law (UCL) and of breach of contract by allegedly charging fraudulent fees per click on digital advertisements, finding that the plaintiff lacks standing but granting it leave to amend.
August 28, 2024
Preliminary Approval Granted To $19M Settlement In Recalled Baby Sleeper Suit

BUFFALO, N.Y. — A federal judge in New York granted preliminary approval of a $19 million class settlement between consumers and Fisher-Price Inc. and its corporate parent, Mattel Inc., in a multidistrict litigation alleging that the safety risks of the now recalled Rock ’n Play Sleeper (RNPS) were not disclosed when the units were being sold in violation of various consumer protection laws.
August 28, 2024
Epic Games Agrees To Pay Nearly $400K To Google Over Antitrust Counterclaim

SAN FRANCISCO — Eight months after a jury entered a verdict in favor or Epic Games Inc. in its antitrust dispute with Google LLC over the Android app market, Epic agreed to pay $398,931.23 to settle Google’s counterclaim against it for breach of Google’s Developer Distribution Agreement (DDA) in violation of the Sherman Act, stating that Epic will “forgo adjudication” of its defense that the DDA provisions Epic is accused of violating were found unlawful during a jury trial to avoid further delay of the final judgment in the case.
August 27, 2024
Certification Of Arbitration Order For Appeal Denied In Citibank ‘Redlining’ Case

LOS ANGELES — A California woman who filed a putative class complaint against Citibank N.A. under the Equal Credit Opportunity Act and California’s unfair competition law (UCL) for allegedly “redlining” customers with Armenian names failed to show that a difference of opinion exists surrounding an April ruling granting the credit card issuer’s motion for arbitration, a federal judge in California ruled, denying a motion for certification of the order for interlocutory appeal.
August 26, 2024
Federal Judge: Artist’s Trademark, Copyright Claims Against Amazon Largely Survive

RIVERSIDE, Calif. — A federal judge in California partly denied a motion from Amazon.com Inc. to dismiss a complaint brought against it by an artist, holding that the artist adequately established that the defendant infringed upon his trademarks by selling counterfeited works, but noted that the artist conceded that he failed to establish other elements of his claims.
August 22, 2024
9th Circuit Affirms Dismissal Of Data Theft Claims Against Auto Insurer

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 21 affirmed the dismissal with prejudice of a putative class action brought against an auto insurer for failure to protect three individuals’ personal data, specifically their driver’s license numbers, from a hack of its online insurance quoting system, after finding that none of the appellants suffered an injury.
August 22, 2024
9th Circuit Affirms Dismissal Of AIDS Group’s Drug-Pricing Claims Against Vendor

PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Aug. 21 affirmed the dismissal with prejudice of a nonprofit AIDS health care provider’s lawsuit against a vendor for violating federal health care regulations and California’s unfair competition law (UCL) by failing to negotiate “sub-ceiling” prices on its behalf, finding that the provider is not an “intended beneficiary” under the relevant regulations.
August 21, 2024
9th Circuit Reverses Summary Judgment In Chrome Users’ Data Collection Suit

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Aug. 20 reversed a California federal judge’s entry of summary judgment on claims brought by users of Google LLC’s web browser app Chrome for collecting their personally identifiable information (PII) allegedly in violation of privacy laws and California’s unfair competition law (UCL), writing that the District Court did not properly apply the “reasonable person” standard.