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

Mealey's California Section 17200

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.
October 25, 2024
Walmart To Pay $7.5M To Resolve California Suit For Improper Waste Disposal

OAKLAND, Calif. — The California Attorney General’s Office, 12 county district attorneys and Walmart Inc. jointly filed a stipulation for entry of judgment and an injunction by consent under which Walmart will pay approximately $7.5 million to resolve claims that it violated California’s unfair competition law (UCL) and state waste disposal laws by improperly sending hundreds of tons of hazardous and medical waste to municipal landfills.
October 24, 2024
Driver’s Claims For Larger COVID-19 Refunds Properly Dismissed, 9th Circuit Told

SAN FRANCISCO — GEICO in an Oct. 23 appellee brief tells the Ninth Circuit U.S. Court of Appeals that a federal judge properly granted summary judgment on an insured driver’s class action claim against it for violating California’s unfair competition law (UCL) by providing drivers an insufficient rebate on premiums after COVID-19, arguing that its rebate was fair under the relevant policy and state insurance regulations.
October 22, 2024
Judge Partly Dismisses Class Claims Against Walmart Over Fish Oil Health Claims

SAN FRANCISCO — A California federal judge granted in part and denied in part Walmart Inc.’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by misrepresenting the health benefits of its store brand fish oil supplement, finding certain claims preempted by federal regulation but rejecting Walmart’s argument for dismissal based on the doctrine of primary jurisdiction.
October 21, 2024
Judge Grants Partial Stay In Antitrust Dispute Over Google Play App Monopoly

SAN FRANCISCO — A California federal judge on Oct. 18 granted a partial stay of a court-ordered three-year permanent injunction effective on Nov. 1, which among other things prohibits Google from requiring the use of Google Play Billing in apps distributed on Google Play Store, pending resolution of the stay requests Google filed in the Ninth Circuit U.S. Court of Appeals.
October 21, 2024
Magistrate Reduces Data Sample Google Must Produce In Assistant Eavesdropping Row

SAN JOSE, Calif. — A California federal magistrate judge on Oct. 18 resolved a two-year-old discovery dispute in a class action over Google LLC’s purported eavesdropping of users of its Google Assistant (GA) app, reducing the number of user query samples the defendant must provide to the plaintiffs in light of a subsequent ruling certifying only a single class claim for unfair competition.
October 21, 2024
Judge Remands Suit Over Sugary Snacks, Citing ‘Abstention Doctrines’

SAN DIEGO — A California federal judge granted a putative class plaintiff’s motion to remand her suit accusing a fruit snack maker of deceiving consumers as to the sugar content of its products, ruling that while the defendant’s removal was proper, remand is required under century-old precedent because the federal court lacks jurisdiction over any of the plaintiff’s claims.
October 17, 2024
Consumers Amend Claims Against Baby Bottle Maker For Undisclosed Microplastics

SAN FRANCISCO — A group of plaintiffs filed an amended putative class action complaint in California federal court accusing a maker of baby bottles of violating California’s unfair competition law (UCL) and other laws by failing to disclose the risk that its products “leach harmful microplastics directly into the food and drink of vulnerable babies and young children.” The same plaintiffs previously filed suit in the same court against a different bottle manufacturer.
October 15, 2024
Google Seeks Stay Of Injunction In Antitrust Dispute Over Google Play App Monopoly

SAN FRANCISCO — After a California federal judge overseeing an antitrust dispute between Epic Games Inc. and Google LLC issued a three-year permanent injunction effective on Nov. 1, which among other things prohibits Google from requiring the use of Google Play Billing in apps distributed on Google Play Store, Google filed a motion to stay the injunction, asserting that it is likely to succeed on its appeal to the Ninth Circuit U.S. Court of Appeals.
October 15, 2024
Judge Won’t Dismiss Putative Class Suit Against Snapple For ‘ALL NATURAL’ Labels

SAN DIEGO — A California federal judge denied a beverage-maker’s motion to dismiss a putative class action lawsuit accusing it of violating California’s unfair competition law (UCL) and other laws by falsely marketing its beverages as “ALL NATURAL” when they in fact contain citric acid and artificial colors.
October 15, 2024
New York Times’ Auto Renewal Class Settlement Granted Final Approval

NEW YORK — A federal judge in New York granted final approval of a $2,375,000 nonreversionary cash 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 on its website and mobile application for The New York Times newspaper, approved the award of attorney fees, costs and expenses of $791,666.66 and approved a class representative incentive award of $5,000; the approval followed additional settlement negotiations after the Second Circuit U.S. Court of Appeals reversed final approval of a settlement that included $1.65 million in cash plus “coupons.”
October 14, 2024
Judge Denies Summary Judgment In UCL Suit Over Insurer’s Liability Under Lost Policy

SANTA ANA, Calif. — A California federal judge on Oct. 11 denied an insurer’s motion for summary judgment on a suit brought against it for breach of contract and violation of California’s unfair competition law (UCL) by the successor-in-interest to a school that is being sued for a 1976 sexual assault of a student by a teacher and claims to be an insured under a policy, the physical copies of which neither party possesses.
October 14, 2024
Borrower’s UCL, Elder Abuse Claims Over Potential Foreclosure Partly Dismissed

SAN DIEGO — A federal judge in California on Oct. 11 granted in part and denied in part a lender’s motion to dismiss claims brought against it for financial elder abuse and violation of California’s unfair competition law (UCL) by a borrower who claims that during the coronavirus pandemic, the lender obstructed her efforts to modify her loan or obtain a reverse mortgage, leading her to potential foreclosure.