Mealey's California Section 17200
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May 01, 2024
9th Circuit Panel Affirms Dismissal With Prejudice Of UCL Asbestos-Talc Claims
SACRAMENTO, Calif. — Plaintiffs in a class action “littered” a fifth amended complaint with descriptions of advertisements, but many appear unrelated to the asbestos-talc claims underpinning the California unfair competition law (UCL) allegations or lack the necessary evidence of reliance, the Ninth Circuit U.S. Court of Appeals said in an unpublished memorandum affirming summary judgment for the defendants.
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May 01, 2024
California Chick-fil-A Delivery Price Class Suit Dismissed After Settlement In Ga.
SACRAMENTO, Calif. — Chick-fil-A Inc. and a customer who brought a class complaint over the fast food company’s delivery prices filed a joint stipulation of dismissal with prejudice in a federal court in California after the claims were resolved as part of a settlement approved by a Georgia court in February; the California case had been stayed pending settlement since October 2022.
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May 01, 2024
Oklahoma Federal Judge Dismisses Some Claims In Underfilled Drug Vial Cases
OKLAHOMA CITY — The Oklahoma federal judge overseeing cases involving claims that a company underfilled vials of the breast cancer drug Herceptin found that the plaintiffs have not stated a claim for relief under California’s unfair competition law (UCL) and false advertising law (FAL) and dismissed those claims.
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April 30, 2024
Roblox Moves To Dismiss Or Arbitrate ‘Child Labor’ Claims In Class Action Suit
SAN FRANCISCO — The online gaming company Roblox Corp. filed motions in a California federal court to dismiss and compel arbitration of claims brought against it by parents of Roblox players who accuse it of violating California’s unfair competition law (UCL) by designing its game to addict kids and allegedly profiting off of a “child labor market” wherein minor users perform online tasks in return for Robux.
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April 30, 2024
California UCL Claims At Core Of Briefing In ChatGPT AI Case
SAN FRANCISCO — Briefing recently wrapped in California federal court on a motion to dismiss claims in consolidated lawsuits in which authors allege that OpenAI Inc. and others violated the California unfair competition law (UCL) by training artificial intelligence on copyrighted material.
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April 30, 2024
Insurer, Insured Reach Settlement In Water Damage Coverage Suit
SAN FRANCISCO — An insurer filed a notice of settlement in California federal court after reaching a settlement with its insured in a suit seeking coverage for water damages to the insured’s business.
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April 29, 2024
Chipmaker Urges 9th Circuit To Affirm Dismissal Of Consumers’ UCL Claims
SAN FRANCISCO — A modem chipmaker on April 26 filed an appellee brief in the Ninth Circuit U.S. Court of Appeals urging the court to find that consumers’ putative class claims against it for violating antitrust laws and California’s unfair competition law (UCL) were properly dismissed.
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April 29, 2024
High Court Won’t Decide ‘Average’ Class Damages Issue In Chili’s Data Breach Suit
WASHINGTON, D.C. — A question about the propriety of using an “average” damages amount suggested by the plaintiffs’ damages expert to certify a class will go unheard by the U.S. Supreme Court, which in its April 29 order list denied a petition for certiorari by the owner of the Chili’s restaurant chain, which protested the possibility that customers who suffered no damages at all in a 2018 data breach would still receive these damages awards.
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April 26, 2024
Panel Affirms Dismissal Of Fortnite Purchasers’ UCL, Antitrust Claims Against Apple
SAN JOSE, Calif. —A California appellate panel on April 25 affirmed a trial court’s dismissal of two consumers’ claims against Apple Inc. for removing the game “Fortnite” from its App Store and allegedly monopolizing the app market and artificially increasing prices on apps for users of its devices in violation of California’s unfair competition law (UCL) and the state’s antitrust law.
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April 25, 2024
Magistrate Judge Dismisses Suit Accusing Company Of Wrongly Terminating License
LOS ANGELES — A California federal magistrate judge granted a software company’s motion for judgment on the pleadings and dismissed claims against it for improperly terminating an agreement to operate payroll software for the plaintiff after more than 20 years but granted the plaintiff leave to amend its claim for violation of California’s unfair competition law (UCL).
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April 23, 2024
Intentional Discrimination Claims Survive In HIV/AIDS Medication Suit
SAN FRANCISCO — Individuals required by their insurer to use mail or pharmacy pickup to receive their HIV/AIDS medications rather than their preferred community pharmacy have shown intentional discrimination under the Patient Protection and Affordable Care Act (ACA) but not proxy discrimination or violation of the California unfair competition law (UCL), a federal judge in the state said in partly denying a motion to dismiss.
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April 23, 2024
Judge Allows UCL Suit Against Company For Leaky Period Underwear
LOS ANGELES — A California federal judge denied a period underwear maker’s motion to dismiss a putative class action lawsuit against it for violating California’s unfair competition law (UCL) by advertising and representing its products as “leakproof” when in fact the products were allegedly never tested with human blood and are in fact not as absorbent as advertised.
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April 23, 2024
Uber, Lyft Ask High Court To Review Arbitrability Of California Wage Claims
WASHINGTON, D.C. — Uber Technologies Inc. and its subsidiaries and Lyft Inc. filed petitions for a writ of certiorari asking the U.S. Supreme Court to review a California appellate court ruling affirming the denial of their attempt to compel arbitration of claims brought on behalf of workers by state officials who accused the companies of misclassifying drivers in violation of California’s unfair competition law (UCL).
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April 22, 2024
U.S. High Court Denies Domino’s FAA Petition In Truck Drivers’ Expenses Case
WASHINGTON, D.C. — The U.S. Supreme Court on April 22 denied a petition for a writ of certiorari filed by Domino’s Pizza LLC after the company’s truck drivers (D&S drivers) were found by the Ninth Circuit U.S. Court of Appeals to be exempt from the Federal Arbitration Act (FAA) in their class case alleging unreimbursed business expenses and violation of California’s unfair competition law (UCL).
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April 17, 2024
Federal Judge Clarifies Claims Deadline For Preliminarily Approved Class Settlement
SAN FRANCISCO — A federal judge in California issued an order clarifying the claims deadline for the submission of claims for purposes of a $23,997,500 settlement and notice plan that received preliminary approval in a putative class action alleging claims for unfair business practices, false advertising, fraud, deceit, misrepresentation and breach of the duty of good faith against travel insurers.
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April 16, 2024
AG Sides With Insured In UCL Time Limit Case Before California High Court
SAN FRANCISCO — California Attorney General Rob Bonta filed an amicus curiae brief with the state’s Supreme Court supporting an insured in her challenge to the dismissal as time-barred of her lawsuit claiming that her insurer failed to properly investigate a claim, writing that the court should have applied the four-year statute of limitations based on her claim for injunctive relief under California’s unfair competition law (UCL).
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April 16, 2024
Rehab Plan Approved Over Workers’ Comp Insurer’s Objections In California Court
REDWOOD CITY, Calif. — Rejecting numerous objections from California Insurance Co. (CIC), a California state judge approved a rehabilitation plan that she said the state insurance commissioner described as being “designed to . . . complete CIC's exit from the state on terms that protect the Company, policyholders, and the public.”
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April 15, 2024
Movie Studio, Ana De Armas Fans Settle Dispute Over ‘Deceptive’ Trailer
LOS ANGELES — A Hollywood studio and two fans of actress Ana De Armas on April 12 filed notice in California federal court that they have settled the fan’s claims accusing the studio of deceptively enticing them into paying to view a film by using footage in the trailer featuring De Armas that was cut from the final film.
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April 15, 2024
On Remand, Judge Allows Suit Against Nestlé For Deceptive Sales Of ‘White Morsels’
SAN JOSE, Calif. — On remand from the Ninth Circuit U.S. Court of Appeals, a California federal judge on April 12 granted Nestlé USA Inc.’s motion to dismiss injunctive relief sought against it by consumers who claim that they were deceived into believing that the company’s “White Morsels” baking chips product was made of white chocolate but denied the motion as to their other claims, including for violation of California’s unfair competition law (UCL).
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April 15, 2024
Panel Affirms ‘Shark Tank’ Star Not Liable For Fraud By Companies He Promoted
LOS ANGELES — A California appellate panel upheld a ruling dismissing claims against one of the stars of “Shark Tank,” including for violation of California’s unfair competition law (UCL), finding as the trial court ruled that he is not liable for alleged fraudulent practices by two companies that used his image and statements in their marketing campaign.
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April 15, 2024
Pipeline Operators, Property Owners Agree To Settle Oil Spill Claims For $70M
LOS ANGELES — In California federal court, two companies that formerly operated an oil pipeline that ruptured and contaminated residential property in southern California filed a motion for preliminary approval of a class action settlement that would see the companies pay $70 million to property owners who were affected by the rupture.
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April 12, 2024
23andMe Data Breach Suits Centralized In Northern California MDL
SAN FRANCISCO — The Judicial Panel on Multidistrict Litigation (JPMDL) on April 11 granted a request by genetic testing company 23andMe to consolidate 39 pending lawsuits against it in the U.S. District Court for the Northern District of California, all of which relate to a data breach in which ancestral records for roughly 6.9 million customers were hacked and allegedly sold online.
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April 12, 2024
Judge Says NJOY Can’t Email UCL Suit To Chinese Vape Makers
SAN DIEGO — A California federal judge denied as “premature” a motion by e-cigarette maker NJOY LLC, an Altria Group Inc. subsidiary, to permit alternative service to several Chinese e-cigarette manufacturers it accuses of violating California’s unfair competition law (UCL) and federal cigarette regulations by illegally selling “Elf Bar” and other brands of flavored disposable vapes (FDVs).
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April 11, 2024
Insurer Accused Of Using AI Software To Deny Claims ‘En Masse’ In Class Suit
OAKLAND, Calif. — An insured filed a putative class action in California state court accusing his insurer of violating California’s insurance regulations and its unfair competition law (UCL) by using artificial intelligence (AI) software to deny claims for coverage.
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April 10, 2024
Viability Of UCL Class Action Involving Asbestos And Talc Rests With 9th Circuit
SACRAMENTO, Calif. — The Ninth Circuit U.S. Court of Appeals heard oral arguments over whether allegations of a decades-long advertising campaign about the safety and purity of talcum powder sufficiently specifies the advertising in question and saves a California unfair competition law (UCL) class action alleging that in reality the products contained asbestos and other contaminants.