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

Mealey's California Section 17200

November 14, 2023
Judge Dismisses UCL Suit Over Added Sugars In Granola Cereal

SAN DIEGO — A California federal judge dismissed without leave to amend a consumer’s putative class action accusing a granola maker of violating California’s unfair competition law (UCL) and other laws by labeling its granola cereal products as “wholesome” and part of “a healthier lifestyle” while in fact they contain added sugars.
November 13, 2023
Judge Partly Dismisses UCL Suit Claiming Protein Powder Contains DL Malic Acid

SAN DIEGO — A California federal judge denied in part and granted in part a motion to dismiss a consumer’s lawsuit accusing a protein powder maker of violating the California unfair competition law (UCL) and other laws by allegedly misleadingly labeling its products as containing no artificial flavors when the powders in fact contain DL malic acid.
November 10, 2023
In IP Litigation Between Pharmacies, Both Sides Lose Daubert Challenges

SAN DIEGO — A federal judge in California has weighed in on competing motions to exclude expert testimony in a dispute over a compounding pharmacy’s alleged false advertising, unfair competition and copyright infringement, deeming the proposed experts for both sides “duly qualified” to render their opinions, which the judge said are based on “sufficiently reliable” methodologies.
November 10, 2023
Borrowers Voluntarily Dismiss UCL Claim Against Mortgage Servicer, Beneficiary

SAN FRANCISCO — Two borrowers who were facing foreclosure due to a severely delinquent loan filed notice in California federal court of voluntary dismissal of their claim against a mortgage loan servicer and beneficiary for violation of California’s unfair competition law (UCL) after a judge dismissed their other federal and California law claims on statute of limitations grounds and for failure to state a claim.
November 09, 2023
Judge Dismisses Fraud Claims Against GM For EV Battery’s Fire Risk In 2 Suits

SAN FRANCISCO — A California federal judge in two predominately identical rulings granted motions filed by General Motors LLC (GM) to dismiss fraud claims brought against it by individuals who filed suit after GM issued a recall notice for certain Chevrolet Bolt electric vehicles (EVs) due to a defect in the EVs’ batteries that may render the vehicles prone to spontaneous ignition and potentially cause a fire.
November 08, 2023
Judge Modifies Class In Driver’s Suit Against GEICO For Unfair COVID Premiums

SAN FRANCISCO — A California federal judge on Nov. 7 granted an insured’s motion to modify a previously certified class of automotive policy holders in the insured’s suit claiming that GEICO violated California’s unfair competition law (UCL) by profiting from a premium giveback program initiated during the COVID-19 pandemic, with the judge agreeing based on evidence produced to change the class time period.
November 07, 2023
Judge Denies Reconsideration In UCL Suit Against ‘Reef Friendly’ Sunscreen Maker

SAN DIEGO — A California federal judge on Nov. 6 denied a sunscreen maker’s motion for reconsideration of the court’s denial of its motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) by misleadingly labeling its sunscreen as “reef friendly,” writing that a recent Ninth Circuit U.S. Court of Appeals ruling it cited doesn’t change the legal standard the court applied.
November 06, 2023
Split Panel Affirms Dismissal Of UCL Suit Against Unlicensed Mortgage Lender

SAN DIEGO — A split California appellate panel on Nov. 3 affirmed the dismissal of a couple’s putative class action against a mortgage lender that issued them a $550,000 home loan while unlicensed to issue loans in California, ruling that the couple failed to plead an injury establishing standing under California’s unfair competition law (UCL), while a dissenting justice said the couple’s UCL claims were sufficiently pleaded.
November 03, 2023
U.S. Supreme Court Will Hear Coinbase Appeal Over Arbitration Agreement Clauses

WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 3 granted a petition for a writ of certiorari filed by cryptocurrency exchange Coinbase Inc. regarding the enforcement and application of delegation clauses in determining who is tasked with resolving an arbitrability dispute.
November 03, 2023
9th Circuit Affirms Dismissal Of UCL, Omission Claims In Intel MDL

PORTLAND, Ore. — The Ninth Circuit U.S. Court of Appeals on Nov. 2 affirmed the dismissal of consumers’ putative class claims in a multidistrict litigation against Intel Corp. accusing it of concealing security vulnerabilities in its microprocessors, including claims for violating California’s unfair competition law (UCL), after finding that Intel didn’t have a duty to disclose the issues and didn’t make statements that would deceive a reasonable consumer.
November 02, 2023
Judge Allows Some Copyright Claims Against AI Apps

SAN FRANCISCO — Where a cartoonist alleges that her protected works were scraped from the internet and used to train artificial intelligence, her copyright claims survive motions to dismiss, but the balance of the California unfair competition law (UCL) and other claims fail, a federal judge in the state said Oct. 30 in granting leave to amend a class action.
November 02, 2023
California Supreme Court Grants Review In 3rd Suit Over Nondisclosure Of ER Fees

SAN FRANCISCO — The California Supreme Court on Nov. 1 granted an uninsured emergency room patient’s petition for review of his putative class suit accusing a group of medical service providers of violating California’s unfair competition law (UCL) by failing to directly disclose to him that he would be billed more than $10,000 for three emergency room visits.
November 02, 2023
California Supreme Court To Review Time Limitation On UCL Insurance Suit

SAN FRANCISCO — The California Supreme Court granted a petition for review filed by an insured challenging the dismissal as time-barred of her property insurance claim for replacement of a decayed staircase without investigation, writing that it will address whether an insured’s claim for injunctive relief under California’s unfair competition law (UCL) falls under the statute of limitations set forth in the UCL or the state’s insurance code.
November 01, 2023
Consumer Defends UCL Suit For PFAS Found In Smoothies Against Dismissal

SAN DIEGO — Two consumers filed a brief in California federal court opposing a beverage maker’s motion to dismiss their lawsuit accusing the company 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, urging the court to disregard the company’s argument that it cannot be held liable for the “incidental presence” of PFAS in its products.
October 31, 2023
Domino’s Seeks U.S. High Court Ruling On Local Delivery Drivers And FAA

WASHINGTON, D.C. — Domino’s Pizza LLC truck drivers (D&S drivers), 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, filed in the U.S. Supreme Court a waiver of their right to respond to Domino’s petition for writ of certiorari in which the pizza franchise argues that circuits are split on whether local delivery drivers are engaged in interstate commerce.
October 27, 2023
Roblox Moves To Dismiss Mothers’ UCL Suit Accusing It Of ‘Illegal Gambling’

SAN FRANCISCO — Roblox Corp., the operator of an online video game platform played by millions of children, moved to dismiss a putative class complaint filed in California federal court accusing it of allowing third-party companies to operate gambling games on Roblox, writing that it provided only “neutral tools” and does not actually host the companies’ alleged gambling activities.
October 26, 2023
9th Circuit Vacates Denial Of Motion To Dismiss Minor’s $5M Suit For Lootbox Sales

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Oct. 25 vacated a district court’s ruling denying video game company Blizzard Entertainment Inc.’s motion to dismiss or compel arbitration of a minor’s putative class action accusing it of violating California’s unfair competition law (UCL) by deceptively marketing sales of in-game “lootboxes” to minors, citing “serious questions” regarding the court’s jurisdiction and the plaintiff’s standing.
October 26, 2023
Judge Allows Invasion Of Privacy Claim For Retailer’s Recording Of Customer Chats

LOS ANGELES — A California federal judge refused to dismiss one count for invasion of privacy but dismissed the remainder of a consumer’s putative class claims against a retailer, including for violating California’s unfair competition law (UCL), based on the retailer using a third-party company to intercept, duplicate and analyze online chats on the retailer’s website between customers and company representatives.
October 25, 2023
Panel Partly Reverses Denial Of Anti-SLAPP Motion Against OnlyFans Account Manager

LOS ANGELES — A California appellate panel partly reversed a trial court’s denial of a model’s anti-Strategic Lawsuit Against Public Participation (SLAPP) motion against her OnlyFans account’s former management company, which she accuses of violating California’s unfair competition law (UCL), after finding that the manager’s cross-claim applies to speech protected by litigation privilege.
October 24, 2023
On Remand, Judge Dismisses UCL Suit Against CVS For Misleading Hand Sanitizer

LOS ANGELES — Applying new precedent, a California federal judge granted CVS Pharmacy Inc. and its affiliate’s motion for reconsideration and dismissed a consumer’s putative class suit accusing them of violating California’s unfair competition law (UCL) by selling a hand sanitizer product that claims on the label that it “kills 99% of germs” after the Ninth Circuit U.S Court of Appeals vacated the judge’s denial of class certification.
October 23, 2023
Tesla, Solar Roof Customers’ $6.08M Settlement Granted Preliminary Approval

SAN FRANCISCO — A federal judge in California on Oct. 20 granted preliminary approval of a $6.08 million settlement filed by solar roof customers who accuse Tesla Inc. of increasing the cost for solar roofs after customers sign contracts.
October 20, 2023
Judge Denies Injunction In UCL Health Care Data Case Against Google

SAN JOSE, Calif. — Plaintiffs’ privacy and California unfair competition law (UCL) claims appear to turn on whether Google LLC simply acquires health information as a vendor or actually uses that data in some fashion, a federal judge said while concluding that the balance of hardships weighs against granting a motion for a preliminary injunction. In their complaint, the plaintiffs allege that Google’s own artificial intelligence suggested that Google’s collection of health data might run afoul of various laws.
October 20, 2023
NJOY Sues 30 Sellers Of Disposable Flavored Vapes For Violating California Laws

LOS ANGELES — E-cigarette maker NJOY LLC, a subsidiary of Altria Group Inc., on Oct. 19 filed a complaint in California federal court against 30 manufacturers of flavored disposable vapes (FDVs), accusing them of harming its business by selling flavored tobacco products without Food and Drug Administration approval in violation of California’s unfair competition law (UCL) and a statewide ban on flavored tobacco sales.
October 19, 2023
Google: UCL Plaintiffs Can’t Show Violations, Injury In Bard AI Chatbot Case

SAN FRANCISCO — Class action plaintiffs who complain that Google LLC trained artificial intelligence chatbot Bard on personal and copyrighted information trade “prolixity for precision,” fail to allege a privacy or property interest in material publicly posted on the internet and lack sufficient allegations that they read a privacy policy or can demonstrate an underlying statutory violation, the company says in a motion to dismiss unfair competition law (UCL), copyright and other claims filed in a California federal court.
October 17, 2023
2nd Circuit Won’t Rehear Appeal Of New York Times Auto Renewal Settlement

NEW YORK — A Second Circuit U.S. Court of Appeals panel denied a class settlement objector’s petition for rehearing or rehearing en banc after the appellate judges determined that a trial court employed the wrong legal standard when it approved a settlement between The New York Times and subscribers in a case over auto renewals and erred in finding that the access codes provided as part of the settlement were not coupons under the Class Action Fairness Act (CAFA) but reiterated the holding in Melito v. Experian Marketing Solutions, Inc. and ruled “that incentive awards are not per se unlawful.”