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

Mealey's California Section 17200

November 18, 2024
Panel Reverses Dismissal Of State’s Data Breach UCL Claim, Citing Discovery Rule

SAN DIEGO — A California appellate panel addressing a question of first impression on Nov. 15 reversed a trial court’s ruling in favor of Experian Data Corp. barring claims brought by the San Diego District Attorney’s Office accusing Experian of violating California’s unfair competition law (UCL) by failing to protect more than 400,000 California customers whose data was hacked, writing that the state adequately alleged that its UCL claim accrued within the statute of limitations period.
November 18, 2024
Judge Grants Apple’s Dismissal Motion In Suit Against Israeli Tech Companies

SAN FRANCISCO — A California federal judge granted Apple Inc.’s voluntary motion for dismissal and motions to seal in Apple’s suit accusing Israeli technology companies NSO Group Technologies Ltd. and Q Cyber Technologies Ltd. (collectively, NSO) of violating federal and California law by allegedly developing malware to hack into Apple’s servers.
November 18, 2024
Epic Urges Court To Deny Apple’s Bid For Relief From Injunction In Antitrust Row

OAKLAND, Calif. — Epic Games Inc. filed a brief in California federal court in its antitrust suit against Apple Inc., urging the court to reject Apple’s motion to limit or vacate an injunction requiring it to permit app developers to inform users of methods of making in-app purchases (IAPs) outside of the App Store.
November 15, 2024
Gamers Bring Class Suit Against Developers For Online Racing Game’s Shutdown

SACRAMENTO, Calif. — Two video game players filed a putative class action lawsuit in California federal court accusing developers of an online racing video game known as The Crew of violating California’s unfair competition law (UCL) by shutting down servers to the game, thereby terminating players’ access to the game permanently, which they compare in their suit to a manufacturer coming “into your home” and removing a product you previously paid for.
November 14, 2024
Baby Bottle Makers Seek Dismissal Of Consumers’ Claims Over Undisclosed Microplastics

SAN FRANCISCO — Two plastic baby bottle makers moved to dismiss separate putative class action complaints brought against them in California federal court by mothers who say the companies violate California’s unfair competition law (UCL) and other laws by failing to disclose the risk that their baby bottles and sippy cups “leach harmful microplastics directly into the food and drink of vulnerable babies and young children.”
November 14, 2024
Google Play Gift Card Scam Victim Says Discovery Should Continue Pending Amendment

SAN JOSE, Calif. — A putative class action plaintiff accusing Google LLC and affiliated companies of violating California’s unfair competition law (UCL) by failing to protect consumers from Google Play gift card scammers, whose complaint was recently dismissed with leave to amend, filed a brief in California federal court opposing the court’s reconsideration of a stay of discovery while she prepares an amended complaint.
November 13, 2024
Judge Says Supplements’ Lack Of Serving Size Info Supports Labeling Claims

LOS ANGELES — A California federal judge on Nov. 13 denied a supplement maker’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) and other consumer protection laws by not including dosage per serving size on the front label despite that information being included on the back label, finding that precedent finding lack of serving information on a front label is not outweighed by more recent labeling precedent.
November 13, 2024
Objector Appeals After New York Times Auto-Renewal Class Settlement OK’d

NEW YORK — A class member who objected to a $2,375,000 settlement to be paid by The New York Times Co. to end a class complaint accusing the newspaper publisher of engaging in an illegal “automatic renewal” scheme filed a notice of appeal four weeks after final settlement approval was granted by a federal judge in New York.
November 12, 2024
Insurers Say Kia, Hyundai Disregarded Dangerous Defects For Years

SANTA ANA, Calif. — Several insurers filed a complaint in subrogation in California state court accusing the makers of Kia and Hyundai-brand cars of causing insureds harm in violation of California’s unfair competition law (UCL) by failing to report or recall vehicles with dangerous electrical defects, including spontaneously catching fire while deactivated.
November 12, 2024
Mother Says Walmart’s ‘Hypoallergenic’ Baby Product Causes Contact Dermatitis

SACRAMENTO, Calif. — A California mother filed a putative class action lawsuit in California federal court accusing Walmart Inc. of violating California’s unfair competition law (UCL) and other laws by misleadingly labeling its baby petroleum jelly product for treating diaper rash and other skin conditions as “hypoallergenic” when it in fact contains fragrance-related ingredients that can cause babies to experience contact dermatitis.
November 11, 2024
Judge Partly Dismisses Claims Over Woman’s Neuropathy From Zinc Supplements

SAN FRANCISCO — A California federal judge partly granted and partly denied a motion to dismiss a woman’s lawsuit against a supplement maker accusing it of violating California’s unfair competition law (UCL) and other laws by labeling its zinc supplement as containing a safe daily dose, which the woman alleges was not a safe dose and, after months of daily consumption, caused her to develop permanent peripheral neuropathy.
November 11, 2024
Eye Drop Maker Agrees To Settle Claims Products Were Illegally Marketed

DENVER — A maker of a homeopathic eye drop has agreed to pay $3.57 million to settle class claims that it sold products without approval from U.S. Food and Drug Administration, according to an unopposed motion filed in a Colorado federal court.
November 08, 2024
Judge Consolidates Air Travelers’ Suits Against CrowdStrike For Outages

AUSTIN, Texas — A Texas federal judge appointed interim lead counsel and consolidated two putative class complaints accusing tech company CrowdStrike Inc. of causing travelers to experience significant air travel delays by failing to properly test its cybersecurity software before issuing an update that allegedly caused 8.5 million computers and devices to go offline.
November 07, 2024
Lack Of Injury Dooms YouTube Scraping AI Suit, Nvidia Says

SAN FRANCISCO — A man can point to no injury from the alleged transcribing of YouTube videos for the use in the training of artificial intelligence, and any viable claims would be preempted by copyright law, dooming his California unfair competition law, so the court should dismiss the claims with prejudice, Nvidia Corp. argues.
November 06, 2024
Meta’s Advertising Fraud Dispute Distributed For Conference In Supreme Court

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 6 distributed for conference a petition for a writ of certiorari filed by Meta Platforms Inc. seeking review of a Ninth Circuit U.S. Court of Appeals ruling affirming the certification of a damages class in a suit alleging fraudulent misrepresentation and concealment related to Meta’s online advertising services.
November 06, 2024
YouTube Entities Seek Dismissal Of UCL Claims In AI Suit

SAN FRANCISCO — California unfair competition law claims involving the alleged training of artificial intelligence on YouTube videos are preempted by copyright law, but even if they weren’t there is no injury or reliance on which to base them, Google LLC and related companies tell a federal judge in California in seeking dismissal.
November 06, 2024
San Diego Sues Oil Companies For Colluding, Conspiring To Fix Gas Prices

SAN DIEGO — The city of San Diego has sued Hess Corp. and other oil and gas companies in California federal court contending that they violated antitrust laws when they engaged in a conspiracy to raise and fix the price of crude oil, which keeps gasoline prices at an artificially high level in the United States.
November 05, 2024
Plaintiff Dismisses Suit Against Hand Sanitizer Maker After Winning 2nd Appeal

SAN DIEGO — A California federal judge granted a joint motion to dismiss a plaintiff’s putative class action against a hand sanitizer maker for violating California’s unfair competition law (UCL) based on front-label statements that its products are capable of killing “99.99% of germs,” shortly after the Ninth Circuit U.S. Court of Appeals for the second time reversed dismissal of the lawsuit.
October 31, 2024
Judge Grants Final Approval To Nearly $20M Settlement Of Ticket Insurance Suit

SAN FRANCISCO — A California federal judge granted final approval to a nearly $20 million settlement resolving claims that insurers including Allianz Global Assistance (AGA) violated California’s unfair competition law (UCL) and other laws in relation to its online marketing of travel and event insurance, with the plaintiffs’ attorneys awarded nearly $5 million in attorney fees.
October 31, 2024
Judge Allows Breach Of Contract Class Claim For Bank’s Cash Advance Fees

SAN DIEGO — A California federal judge granted in part and denied in part dismissal of a putative class action against Capital One NA asserting claims for violation of California’s unfair competition law (UCL) and breach of contract for failing to warn her that her payment over Venmo for a beauty treatment would be processed as a cash advance, causing her to incur fees that accrue interest.
October 30, 2024
Class Seeks To Burst Hershey’s Bubble, Says Gum Increases Risk Of PFAS Exposure

LOS ANGELES — A man in California has filed a putative class action against the Hershey Co. in state court contending that its bubble gum called “Bubble Yum” contains organic fluorine, which places consumers at risk of exposure to per- and polyfluoroalkyl substances (PFAS) in violation of state codes, including those pertaining to false advertising.
October 30, 2024
Judge Dismisses Breach Of Warranty Suit Against Tesla Over Distant Service Centers

SACRAMENTO, Calif. — A California federal judge granted judgment to Tesla in a suit by a Tesla driver who claimed the company violated California’s unfair competition law (UCL), as well as state warranty and false advertising laws, by misrepresenting the availability of authorized repairs to its vehicles and failing to timely provide parts to the authorized repair shop closest to his home.
October 28, 2024
9th Circuit Affirms Dismissal Of Labeling Suit Against Sunscreen Maker

PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Oct. 25 affirmed the dismissal of a consumer’s claims against the maker of a sunscreen lotion for allegedly violating California’s unfair competition law (UCL) by stating its product is made with “clear zinc” on the front label when it is actually made with a chemical ingredient, writing that the consumer can’t seek injunctive relief because in the future she will know to check the product’s back label.
October 28, 2024
Judge Grants Preliminary OK To $20M Settlement Over Apple Watch Battery Swelling

SAN FRANCISCO — A California federal judge on Oct. 25 granted a motion for preliminary approval of a $20 million settlement between Apple Inc. and plaintiffs who sought damages from Apple on behalf of a nationwide class for violating California’s unfair competition law (UCL) and other laws based on a battery swelling defect with early-model Apple Watches that in some cases caused watch screens to detach or shatter.
October 25, 2024
Judge Won’t Dismiss Class Suit Over Citric Acid In Cape Cod Potato Chips

SAN FRANCISCO — A California federal judge granted in part and denied in part two food companies’ motion to dismiss a putative class action lawsuit accusing them of concealing the presence of citric acid in its Cape Cod brand potato chips product from consumers in violation of California’s unfair competition law (UCL) and other statutes, rejecting its argument that the ingredient is used for flavor, not as a preservative.