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

Mealey's California Section 17200

June 04, 2024
Tentative Settlement Reached In Consumer’s Deceptive ChapStick Label Class Suit

SAN FRANCISCO — A California woman who accuses GlaxoSmithKline Consumer Healthcare Holdings (US) LLC (GSK) and Pfizer Inc. of deceptively labeling of certain ChapStick products in violation of California law, including the state’s unfair competition law (UCL), filed a notice in a federal court in her state stating that a tentative settlement in principle has been reached.
June 04, 2024
Judge Won’t Compel Class Member To Arbitrate New Gambling Claims

SEATTLE — A federal judge in Washington on June 3 denied a motion by gambling game makers to compel arbitration of claims brought against them by a consumer who was a member of a class that previously settled claims relating to one of the games at issue, finding that the consumer made clear her intent to opt out of an arbitration agreement, but the judge dismissed her illegal gambling claim as precluded by the previous settlement.
June 03, 2024
Judge Dismisses Last Plaintiff In UCL Suit Over Depleted Gift Cards With Prejudice

RIVERSIDE, Calif. — A California federal judge granted a gift card company’s motion for summary judgment and dismissed with prejudice the lone remaining plaintiff accusing it of violating California’s unfair competition law (UCL) by selling customers gift cards that were later discovered to be partly or entirely depleted of value without providing refunds, finding that the plaintiff failed to provide any evidence that she bought a gift card or lost funds.
May 29, 2024
COMMENTARY: Review Of Expert Causation Testimony Under Federal Rule Of Evidence 702: An Early Assessment Of The 2023 Amended Rule

By William L. Anderson and Mark A. Behrens
May 31, 2024
Putative Class Suit Filed Against Ticketmaster For Hack Of 560M Customers’ Data

LOS ANGELES — Two consumers filed a putative class action in California federal court against Ticketmaster LLC and Live Nation Entertainment Inc. accusing them of negligence and violation of California’s unfair competition law (UCL) for not protecting the data of approximately 560 million customers that was allegedly stolen from its servers in a recent hack.
May 31, 2024
Adult Entertainers Denied Motion To Drop Their Claims Against Meta, OnlyFans

SAN FRANCISCO — Citing the “time and effort” expended in a putative class action alleging tortious interference and unfair competition by Meta Platforms Inc. in blacklisting social media posts by most adult entertainment (AE) providers in favor of the OnlyFans AE platform, a California federal judge denied a motion by the three lead AE performer plaintiffs to dismiss their suit due to an inability to achieve class certification under the Class Action Fairness Act (CAFA).
May 30, 2024
Judge Certifies Privacy, Publicity Rights Class Action Against Data Aggregator

SAN FRANCISCO — A California federal judge on May 29 granted a group of plaintiffs’ motion to certify a class action against a personal information data-aggregator website on behalf of two statewide classes accusing the company of violating plaintiffs’ rights of publicity and against misappropriation of name and likeness and denied the parties’ competing motions to exclude each other’s experts.
May 30, 2024
Consumer Amends Suit Accusing Arrowhead Water Of Microplastics Contamination

LOS ANGELES — A consumer filed a second amended complaint in California federal court 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.
May 29, 2024
Judge Certifies Class Of Consumers Allegedly Deceived By ‘Italy’s #1 Pasta’ Label

SAN FRANCISCO — A California federal judge on May 28 granted two consumers’ motion to certify their class action against an Illinois-based pasta manufacturer for violating California’s unfair competition law (UCL) and other laws by selling pasta products labeled with an “Italy’s #1 Brand of Pasta” statement and Italian flag colors and denied the manufacturer’s motion to exclude a plaintiff expert as moot.
May 28, 2024
Judge Grants Reconsideration, Still Refuses To Enter Default In Airplane Contract Row

LOS ANGELES — A California federal judge granted a jet charterer’s motion for reconsideration of its motion to enter default against a Hong Kong entity on the charterer’s claims for breach of contract and violation of California’s unfair competition law (UCL) in relation to an allegedly unfulfilled jet charter contract but then refused to alter an earlier ruling setting aside default against the entity.
May 28, 2024
In Cribl And Splunk Copyright Fight, Fair Use Finding Explained

SAN FRANCISCO — A federal judge in California on May 24 issued an opinion detailing the rationale behind his instruction to jurors that certain copying and uses of Splunk Inc. software by Cribl Inc. qualify as fair use under federal copyright law, as well as an order in which he declared that a violation of California’s unfair competition law (UCL) can be premised on allegations of copyright misuse and rejected the copyright owner’s position that fair use rights can be “contracted away.”
May 23, 2024
High Court: Courts Decide Which Competing Contracts, Arbitration Clauses Govern

WASHINGTON, D.C. — In a situation where parties have agreed to competing contracts or arbitration clauses regarding how to resolve claims in a dispute, it is a court’s job to decide which contract governs, the U.S. Supreme Court ruled May 23 in a suit between a cryptocurrency exchange and a group of its users.
May 20, 2024
Judge Denies TRO Barring Foreclosure Sale By Servicer Accused Of Violating UCL

LOS ANGELES — A California federal judge on May 17 denied a borrower’s application for a temporary restraining order (TRO) blocking the imminent foreclosure sale of his home, finding it unlikely that he will succeed on his claims against a borrower for violating California’s unfair competition law (UCL) by allegedly misinforming him about his ability to obtain a COVID-19 forbearance plan.
May 20, 2024
App Players Urge 9th Circuit To Rehear Challenge To UCL Suit’s Arbitrability

LOS ANGELES — A group of consumers filed a petition for panel rehearing or rehearing en banc to the Ninth Circuit U.S. Court of Appeals, asking it to reconsider its ruling that the consumers must arbitrate claims against a company for allegedly falsely advertising discounts on in-game purchases in its “Game of Thrones” mobile app game.
May 17, 2024
9th Circuit Grants En Banc Rehearing Of Data Privacy Suit Against Shopify

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals granted a petition for rehearing en banc of its decision affirming the dismissal for lack of jurisdiction of a putative class complaint accusing a payment processor of violating California privacy and unfair competition laws by concealing that it was collecting, storing and sharing consumers’ personal information.
May 16, 2024
Judge Allows Consumer Defect Suits Against Gas Stove Makers For Air Pollutants

LOS ANGELES — A California federal judge granted in part and denied in part three gas stove makers’ motions to dismiss putative class actions brought against them by customers who claim that they were deceived into purchasing gas stoves without knowing that the products may emit harmful air pollutants, allowing the bulk of their claims, including for violation of California’s unfair competition law (UCL), to proceed.
May 16, 2024
Consumer Dismisses UCL Suit Against Juice Company For PFAS In Smoothies

SAN DIEGO — Two consumers on May 15 filed a notice in California federal court of voluntary dismissal of their lawsuit accusing a beverage maker of violating California’s unfair competition law (UCL) and other laws by concealing the presence of per- and polyfluoroalkyl substances (PFAS) in its fruit juice smoothie products.
May 16, 2024
California Says Insurers, Valuation Companies Conspire To ‘Lowball’ Vehicle Claims

OAKLAND, Calif. — A California district attorney on behalf of the state filed an amended complaint in state court against a group of insurance and valuation companies for allegedly violating California’s unfair competition law (UCL) and other laws for engaging in a criminal and civil conspiracy to “systematically and pervasively underpay claims” for totaled cars.
May 16, 2024
Attorney Fees, Partial Service Awards Granted After $10.5M Thread Count Settlement

CINCINNATI — A federal judge in Ohio awarded class counsel $3.5 million in attorney fees and more than $200,000 in expenses for representing consumers who settled claims with a department store over sheet thread counts for $10.5 million and partially awarded the requested incentive payments for the named plaintiffs, citing Internal Improvement Fund Trustees v. Greenough, one of the cases pointed to by the 11th Circuit U.S. Court of Appeals when it ruled in Johnson v. NPAS Sol’ns, LLC that class representatives are precluded from receiving personal compensation from the settlement fund.
May 15, 2024
Chamber Of Commerce Backs 9th Circuit Rehearing In Meta Advertising Fraud Row

SAN FRANCISCO — In affirming the certification of a damages class in a suit alleging fraudulent misrepresentation and concealment by Meta Platforms Inc. related to its online advertising services, a Ninth Circuit U.S. Court of Appeals panel majority weakened the requirements for class certification in fraud cases, the U.S. Chamber of Commerce says in an amicus curiae brief supporting Meta’s bid for rehearing on this “issue of exceptional importance.”
May 15, 2024
Black Lives Matter Entity Says Nonprofit Won’t Return More Than $33M In Donations

LOS ANGELES — The Black Lives Matter Global Network Foundation Inc. (BLM GNF) filed a complaint in California state court accusing another nonprofit, Tides Foundation, of “egregious mismanagement” of more than $33 million in charitable funds that BLM GNF says Tides refuses to return and continues to profit off of, in violation of California’s banking laws and unfair competition law (UCL).
May 14, 2024
Judge Dismisses Juice Company’s Suit Alleging Fraud Before Asset Sale

LOS ANGELES — A California federal judge granted a food production company’s motion to dismiss a complaint accusing it of fraud by allegedly making phony sales to improve its performance records before the sale of certain assets to a juice company, finding that the plaintiff’s fraud-related claims including for violation of California’s unfair competition law (UCL) were not pleaded with sufficient specificity.
May 10, 2024
9th Circuit Says Plaintiffs In Loot Box Gambling Suit Failed To Allege Injury

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on May 9 found that two video game players who brought California unfair competition law (UCL) claims against a Finnish developer for illegal gambling based on in-game “loot box” sales lacked standing due to failure to allege a cognizable injury.
May 10, 2024
9th Circuit Affirms Dismissal Of Borrowers’ Claims Against Loan Servicer

PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on May 9 affirmed a lower court’s dismissal of borrowers’ suit against their mortgage loan servicer, finding that a breach of contract claim and a claim for breach of the implied covenant of good faith and fair dealing are time-barred and that the couple failed to state claims for violations of the California unfair competition law (UCL) and Real Estate Settlement Procedures Act (RESPA).
May 10, 2024
Data Scraper Prevails In Spat With X Corp., Judge Finds Copyright Preemption

SAN FRANCISCO — Dismissal in full, with leave to amend, was granted May 9 in a breach of contract and unfair competition action by X Corp., with a federal judge in California declaring that “the extent to which public data may be freely copied from social media platforms, even under the banner of scraping, should generally be governed by the Copyright Act,” and not by “conflicting, ubiquitous” terms of use.