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

Mealey's California Section 17200

July 25, 2024
Magistrate Judge Denies Bid To Stay Discovery In UCL Suit Against Vape Sellers

SAN DIEGO — A California federal magistrate judge on July 24 denied a group of online e-cigarette retailers’ ex parte motion to stay discovery in a lawsuit brought against them along with several Chinese e-cigarette manufacturers by e-cigarette maker NJOY LLC, an Altria Group Inc. subsidiary, for allegedly violating California’s unfair competition law (UCL) and federal cigarette regulations by illegally selling “Elf Bar”-brand flavored disposable vapes (FDVs).
July 25, 2024
Hospice Files Defamation Suit Against Anonymous Google Reviewers

LOS ANGELES — Alleging that it is being targeted by a business competitor who has “coordinated” the posting of “fake” negative reviews online, a hospice filed a lawsuit in California state court asserting claims against 1,000 John Does who posted the negative reviews for defamation and violation of California’s unfair competition law (UCL).
July 24, 2024
Judge Dismisses Putative Class Suit Against Google For Health Care Data Collection

SAN FRANCISCO — A California federal judge dismissed a consolidated class action complaint in which 12 anonymous plaintiffs accused Google LLC of violating of federal privacy statutes and California’s unfair competition law (UCL) by providing source code for “pixel tracking” of their private health care data, writing that the plaintiffs’ “vague” claims do not establish that Google intended to collect or did in fact receive their data.
July 23, 2024
Splenda Maker Must Face Class Suit For Improper Diabetes Claims, Judge Says

SAN FRANCISCO — A California federal judge largely denied an artificial sweetener company’s motion to dismiss a putative class action against it brought by plaintiffs who claim that it violated California’s unfair competition law (UCL) and other laws by misleadingly marketing its products containing sucralose as beneficial for diabetics.
July 22, 2024
Claims Trimmed From Remanded Crypto Wallet Data Breach Suit

SAN FRANCISCO — A cryptocurrency wallet firm and two of its business partners saw their motions to dismiss a suit over a 2020 data breach partly granted, as a California federal judge found some claims to be preempted by a forum selection clause and others to be insufficiently pleaded.
July 19, 2024
California Supreme Court Says UCL Suit Against Insurer Not Time-Barred

SAN FRANCISCO — The California Supreme Court on July 18 reversed an appellate panel’s affirmance of the dismissal as time-barred of an insured’s lawsuit against her property insurer for failure to properly investigate a claim, finding that the panel should have applied the four-year statute of limitations under California’s unfair competition law (UCL) to her UCL claim for injunctive relief.
July 19, 2024
9th Circuit Sends ‘Plant-Based’ Baby Wipes Class Suit Back To District Court

PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel reversed in part and affirmed in part the dismissal of a consumer’s putative class claims against a baby wipes company for violating California’s unfair competition law (UCL) and other laws by labeling its products “plant-based,” finding that some of the challenged products were labeled in a way that was likely to mislead consumers.
July 18, 2024
Panel Remands For Discovery Cost Calculations In Dispute Between Gamer And Twitch

SAN FRANCISCO — A California appellate court on July 17 reversed a lower court’s order denying an online gamer’s motion to tax or strike Twitch Interactive’s electronic discovery costs in the gamer’s breach of contract suit against Twitch for suspending his Twitch account, finding that remand is required for a correct determination of Twitch’s discovery costs.
July 18, 2024
Judge Says Some Claims Valid In Class Case Over PFAS In Cookware

AUSTIN, Texas — A federal judge in Texas has ruled that plaintiffs lack standing to pursue injunctive relief in a per- and polyfluoroalkyl substances (PFAS) case against a maker of cookware, but the judge said that the plaintiffs allege sufficient facts to “nudge them over the plausibility line” as to the general safety and toxicity of a chemical similar to PFAS and determined that it would be premature to dismiss the claims under the economic loss rule.
July 17, 2024
Judge Won’t Freeze Assets Of Electronics Company Accused Of Faking Online Reviews

SAN JOSE, Calif. — A California federal judge on July 16 denied a consumer’s motion for a preliminary injunction freezing more than $5 million of a Chinese manufacturer-owned company’s assets pending the outcome of his lawsuit accusing it of violating California’s unfair competition law (UCL) and other statutes for allegedly faking reviews on Amazon.com to sell shoddy electronics, finding insufficient evidence of damages.
July 17, 2024
Judge Dismisses BetterHelp Customers’ Data Privacy Claims With Leave To Amend

SAN FRANCISCO — A California federal judge granted in part and denied in part an online therapy company’s motion to dismiss consolidated class action claims that it violated California’s unfair competition law (UCL) and several other statutes by failing to adequately protect customers’ personal data, finding certain claims insufficiently pleaded but granting the plaintiffs leave to amend.
July 15, 2024
Judge Blocks Foreclosure Sale After Borrowers Not Contacted For 19 Years

SAN FRANCISCO — A California federal judge on July 12 issued a temporary restraining order (TRO) sought by two borrowers enjoining a foreclosure sale of their San Bernardino County property after finding the borrowers likely to prevail on their claim for violation of California’s unfair competition law (UCL) against their mortgage servicer, trustee and affiliated entities based on evidence that they sought foreclosure after not contacting the borrowers for 19 years.
July 15, 2024
9th Circuit Affirms Remand Of Data-Sharing Class Claims Against Medical Center

PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel affirmed a judge’s ruling remanding putative class action claims for invasion of privacy and violation of California’s unfair competition law (UCL) against a health care provider based on its usage of various tracking tools in its website and app, finding that federal directives regarding online patient access do not create “federal officer jurisdiction.”
July 12, 2024
On Remand, Judge Dismisses Kids’ Privacy Claims Against YouTube, Google

SAN JOSE, Calif. — A California federal magistrate judge court granted YouTube LLC, Google LLC and several YouTube kids’ channel-operators’ motion to dismiss minor plaintiffs’ putative class claims for violating their privacy and consumer protection statutes, including California’s unfair competition law (UCL), by collecting the minors’ personally identifiable information (PII).
July 12, 2024
Bank Customer’s Claims For Unfair Autopay Practices May Proceed, Judge Says

SAN DIEGO — A California federal judge granted in part and denied in part a motion for judgment on the pleadings that Bank of America Corp. filed in response to a customer’s putative class complaint accusing it of violating California’s unfair competition law (UCL) by not notifying him that his automatic payments would be disabled due to account inactivity, allegedly causing his accounts to go overdue and harming his credit score.
July 12, 2024
Federal Judge Refuses To Dismiss Coverage Dispute Over False Advertising Claims

LOS ANGELES — A federal judge in California denied a professional liability insurer’s motion to dismiss insureds’ breach of contract and bad faith lawsuit seeking coverage for an underlying putative class action alleging that they falsely advertised a penis enlargement device, finding that the court is unable to determine as a matter of law that the insureds’ alleged statements and omissions fail to arise out of work performed by the insureds that involves “specialized training, knowledge and skill in the pursuit of urology, including surgery.”
July 12, 2024
Anonymous Messaging App And Founders Must Pay $5M, Ban Minors Under Consent Order

LOS ANGELES — The Federal Trade Commission and the state of California jointly filed a consent order in California federal court with a company that operates an anonymous messaging app and two of its founders requiring the defendants to pay $5 million and permanently enjoining the company from allowing minors to use its app, resolving claims that the company violated the Children’s Online Privacy Protection Act (COPPA), California’s unfair competition law (UCL) and other laws.
July 11, 2024
Judge Dismisses Suit Accusing Plant Butter Seller Of Deceptive Avocado Oil Claims

LOS ANGELES — A California federal judge dismissed two consumers’ putative class action claims against a company that sells plant butter for violating California’s unfair competition law (UCL) and other laws by allegedly misrepresenting its products as made primarily with avocado oil after finding that the products’ labels would not deceive a reasonable consumer.
July 10, 2024
UPS Granted Summary Judgment In Workers’ ‘Dead End’ Jobs Suit

OAKLAND, Calif. — A federal judge in California granted summary judgment to United Parcel Service Inc. (UPS) in a case by three female workers who alleged that they were relegated to work in the back and “dead end” job opportunities due to their gender, age and disabilities, finding in part that the workers were not “diligent in their discovery” and failed to present sufficient evidence of their claims.
July 09, 2024
Split 9th Circuit Panel Reverses Dismissal Of UCL Claim In Baby Food Case

PHOENIX — A Ninth Circuit U.S. Court of Appeals panel affirmed in part and reversed in part the dismissal of a couple’s putative class action lawsuit against a baby food maker for deceptively labeling its baby food pouches in violation of California’s unfair competition law (UCL) and other laws, with one judge dissenting from the panel’s finding that federal law does not preempt the couple’s labeling requirement argument.
June 28, 2024
COMMENTARY: Courts Must, As Recently Reminded, Follow The Law In Rule 702 Expert Testimony Determinations

By Erin Sheley
June 27, 2024
On Remand, Judge Dismisses Ski Resort Passholders’ COVID-19 Closure Claims

DENVER — On remand from the 10th Circuit U.S. Court of Appeals, a Colorado federal judge again dismissed season passholders’ lawsuit against ski resort owners for refusing to refund their purchases after abruptly ending the season due to COVID-19, finding that the resorts’ contracts with passholders prohibited refunds and the passholders failed to plead a violation of various states’ consumer protection laws, including California’s unfair competition law (UCL).
June 26, 2024
$7.25 Million Settlement Of Lincare Data Breach Receives Final Approval

TAMPA, Fla. — Two years after Lincare Holdings Inc. was first hit with class claims over a data breach that it experienced in 2021, a Florida federal magistrate judge granted final approval to a settlement with a group of the company’s patients that will provide $7.25 million to cover class members’ claims, attorney fees and other costs and relief.
June 25, 2024
9th Circuit Affirms Dismissal Of Deceptive Labeling Claims Against Chocolate Maker

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on June 24 affirmed for different reasons a district court’s dismissal of a consumer’s putative class action accusing a chocolate product manufacturer of deceptively labeling its products in violation of California’s unfair competition law (UCL), finding that the manufacturer did not as alleged misrepresent its products as not sourced from farms that contribute to deforestation or use child labor.
June 24, 2024
High Court Again Extends Response Deadline In Review Of 9th Circuit FCA Reversal

WASHINGTON, D.C. — The U.S. Supreme Court on June 21 granted a district court qui tam plaintiff’s second request for additional time to respond to pharmaceutical companies’ petition that seeks review of the Ninth Circuit U.S. Court of Appeals’ ruling reversing the district court’s dismissal of a suit accusing the companies of violating the False Claims Act (FCA) by artificially inflating drug prices.