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

Mealey's California Section 17200

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.
June 24, 2024
Judge Won’t Dismiss Hunter Biden’s Lawsuit Against Poster Of Laptop Files

SAN FRANCISCO — A California federal judge denied an activist and his organization’s motion to dismiss a lawsuit brought against them by the son of President Joseph R. Biden for allegedly violating computer fraud laws and California’s unfair competition law (UCL) by posting data from his personal electronic devices online and creating a searchable database of its content.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.