Mealey's California Section 17200

  • March 18, 2024

    California AirTag Stalking Victims’ Claims Against Apple May Proceed, Judge Says

    SAN FRANCISCO — A California federal judge on March 15 denied Apple Inc.’s motion to dismiss negligence and strict product liability claims brought against it by three plaintiffs who claim that they were stalked in California through the use of Apple’s AirTag devices but dismissed claims brought by 35 other plaintiffs, writing in a second order that the claims brought by out-of-state plaintiffs were insufficiently pleaded.

  • March 15, 2024

    Judge OKs Arbitral Review Of Esports Players’ $120M Monopoly Claims

    LOS ANGELES — A California federal judge dismissed a putative class action brought by two professional players of the video game “Call of Duty” (CoD) and one affiliated business entity against developer Activision Blizzard Inc. after the parties filed a stipulation agreeing that an international arbitral tribunal will decide the arbitrability of claims that Activision monopolized CoD-related esports.

  • March 14, 2024

    Epic Says New Apple App Store Policies Flout UCL Injunction In Antitrust Suit

    OAKLAND, Calif. — Epic Games Inc. filed a motion on March 13 asking a California federal court to enforce an injunction requiring Apple Inc. to permit app developers to inform users of methods of making in-app purchases (IAPs) outside of the App Store, stating that Apple’s newly instituted policies “introduce new restrictions and burdens that . . . effectively nullify” the injunction’s relief for anti-steering provisions that were deemed in violation of California’s unfair competition law (UCL).

  • March 14, 2024

    Pepperdine Seeks Summary Judgment Reconsideration In Pandemic Closure Class Case

    LOS ANGELES — Pepperdine University filed a motion on March 13 for reconsideration of its summary judgment motion that was partially granted and partially denied just over a year ago in a class action by students seeking partial refunds for tuition fees and room and board after the school transitioned to online learning in March 2020 due to the COVID-19 pandemic; the school argues that Berlanga et al. v. University of San Francisco clarified the standard of review to be used in such a case.

  • March 13, 2024

    Judge Certifies Settlement Class Over Alleged Fraud, Won’t Approve $195,000 Deal

    SANTA ANA, Calif. — Citing reasons including “serious concerns about the scope of recovery,” a California federal judge granted preliminary certification of a settlement class in a suit over alleged fraud involving captive reinsurance but denied preliminary approval of the proposed $195,000 settlement.

  • March 13, 2024

    Consumers Say Acne Products Marketed As ‘Safe’ Contained Carcinogens

    LOS ANGELES — Two consumers filed a putative class action accusing Johnson & Johnson Consumer Inc. (J&J) of deceptively labeling its “Neutrogena” and “Clean & Clear” and other skincare products as “safe” in violation of California’s unfair competition law (UCL), alleging that the products contain high amounts of the carcinogen benzene.

  • March 12, 2024

    Judge Sends Suits Accusing Tesla Of Misrepresenting Battery Range To Arbitration

    OAKLAND, Calif. — A California federal judge granted Tesla Inc.’s motion to compel individual arbitration of the plaintiffs’ claims in two related putative class action lawsuits against it for allegedly misrepresenting the driving range of its vehicles in violation of California’s unfair competition law (UCL) and other laws.

  • March 11, 2024

    Judge Amends Consent Decree Order In Case Over Alleged Counterfeit Policies

    LOUISVILLE, Ky. — In a March 8 amended ruling entering a consent decree in a sprawling suit over allegations of fraud, trademark counterfeiting and trademark infringement involving captive reinsurance programs, a Kentucky federal judge said he “inadvertently omitted the names of two parties.”

  • March 11, 2024

    Tesla’s $6.08M Solar Roof Settlement Approved By Federal Judge In California

    SAN FRANCISCO — A $6.08 million settlement to be paid by Tesla Inc. to end a class complaint by solar roof customers who allege that the costs increased after they signed contracts was granted final approval by a federal judge in California on March 8.

  • March 07, 2024

    Disney Passholder Settlement In Blocked Dates Case Granted Final Approval

    SANTA ANA, Calif. — A federal judge in California granted final approval of a $9.5 million class settlement in a case by passholders who brought claims under California law, including the state’s unfair competition law (UCL), and accused Walt Disney Parks and Resorts U.S. Inc. of misleading them regarding blocked-out dates.

  • March 07, 2024

    Judge Partly Dismisses UCL Suit Challenging ‘Natural’ Claims On Frozen Chicken

    SANTA ANA, Calif. — A California federal judge dismissed all claims in a putative class action against a food products manufacturer for labeling its frozen chicken products as “natural” allegedly in violation of California’s unfair competition law (UCL), except for claims relating to its “Popcorn Chicken” product, finding that claims relating to all of the other relevant products were preempted by federal regulations.

  • March 06, 2024

    Judge Strikes Dismissal Of Putative Class Suit Against Alleged Gambling App

    LOS ANGELES — A California federal judge struck a plaintiff’s voluntary dismissal of his putative class suit against a “sweepstakes” app for allegedly enticing the plaintiff into illegal sports gambling in violation of California’s unfair competition law (UCL) and directed the plaintiff to file further briefing establishing whether the plaintiff received any settlement or consideration for dismissal and if dismissal will prejudice the interests of potential class members.

  • March 06, 2024

    9th Circuit: Google Didn’t Deceive Android Users By Gathering App, OS Data

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on March 5 affirmed the dismissal of two smartphone users’ fraud, unfair competition and breach of contract claims against Google LLC for collecting data on third-party app usage via its Android operating system (OS), finding that Google adequately disclosed its collection of consumer data across both Google apps and third-party apps using its OS.

  • March 05, 2024

    Georgia Judge Grants Final OK In Chick-Fil-A Hidden Delivery Fee Settlement

    ATLANTA — A settlement agreement that includes a cash settlement fund of up to $1.45 million and up to $2.95 million in gift cards reached in a consolidated class complaint accusing a fast food chain of offering free or low-cost delivery while hiding charges within increased food prices was granted final approval by a Georgia judge.

  • March 05, 2024

    Consumers Tell 9th Circuit UCL Claims Against Chipmaker Were Wrongly Dismissed

    SAN FRANCISCO — Consumers filed an appellant brief in the Ninth Circuit U.S. Court of Appeals arguing that their putative class claims against a modem chipmaker for violation of antitrust laws and California’s unfair competition law (UCL) should not have been dismissed on summary judgment and alternatively urging the court to certify a question to the California Supreme Court on their state law claims.

  • March 04, 2024

    Consumer Accuses Apple Of ‘Rigging’ Devices To Monopolize Cloud Storage

    SAN FRANCISCO — A consumer on March 1 filed a putative class action complaint against Apple Inc. in California federal court, accusing it of monopolizing access to its iCloud data storage service by configuring Apple mobile devices to require users to sign up for iCloud to store certain digital files, allegedly in violation of federal and state antitrust laws and California’s unfair competition law (UCL).

  • March 01, 2024

    Elon Musk Takes On OpenAI’s Altman With Contract, UCL Suit

    SAN FRANCISCO — OpenAI’s founders breached the company’s founding agreements dictating that it operate as a nonprofit and be open source when they partnered with Microsoft in exchange for millions of dollars, Elon Musk alleges in a Feb. 29 lawsuit filed in California against Sam Altman for breach of contract and violation of the California unfair competition law (UCL).

  • February 29, 2024

    Plaintiffs Say PFAS Complaint Against L’Oreal Is Supported By Lab Test Results

    NEW YORK — The plaintiffs who argue that L’Oreal USA Inc. is liable for making and selling mascara that contains per- and polyfluoroalkyl substances (PFAS) have filed a brief in New York federal court contending that L’Oreal’s motion to dismiss their claim should be denied because it has concealed the fact that its products contain PFAS, knowing that that information would cause consumers to purchase another product.

  • February 29, 2024

    Panel Reverses Dismissal Of UCL Claim Brought By Car Purchaser Who Lost $300,000

    LOS ANGELES — A California appellate panel reversed the dismissal of a lawsuit brought by the prospective buyer of “high-end vehicles” who accused the woman who organized the purchase of deceiving him into paying $300,000 but ultimately providing no vehicles, finding that the plaintiff sufficiently alleged unfair conduct in violation of California’s unfair competition law (UCL).

  • February 29, 2024

    Plaintiff Dismisses Suit Claiming ‘Sweepstakes’ App Caused Gambling Losses

    LOS ANGELES — A putative class plaintiff on Feb. 28 filed a notice of voluntary dismissal in California federal court of his claims against an app company for violating California’s unfair competition law (UCL) and other laws by allegedly enticing him into illegal sports gambling two months after a judge granted a motion to compel arbitration of his all his claims.

  • February 29, 2024

    Justices Suggest Remand, Express Confusion In Crypto Sweepstakes Arbitration Row

    WASHINGTON, D.C. — In Feb. 28 oral arguments, the justices of the U.S. Supreme Court repeatedly returned to questions about why a dispute about contractual arbitration and delegation provisions between a cryptocurrency exchange and sweepstakes entrants ended up before them, with the option of remand seeming to gain momentum over the course of the session.

  • February 28, 2024

    Initial OK Given To $2.45 Million Settlement Of Debt Collector Data Breach Suit

    SEATTLE — Two months after the proposed settlement of a class action over the 2022 breach of a debt collector’s network was sent back for some fine-tuning, a Washington federal judge granted a renewed motion for preliminary approval of a $2.45 million agreement, finding that the parties cured ambiguous language in its scope of release and sufficiently identified the range of attorney fees and costs amounts sought.

  • February 27, 2024

    Judge: PREP Act Applies To Class Action Alleging Injuries From COVID-19 Drug

    LOS ANGELES — Patients and their family members who allege injuries after being prescribed and ingesting an antiviral drug used to treat severe COVID-19 symptoms saw their putative class action dismissed by a California federal judge who found that the manufacturer has immunity under the Public Readiness and Emergency Preparedness Act (PREP Act).

  • February 27, 2024

    Call Of Duty Players Say Activision’s Esports Monopoly Caused $120M In Damages

    LOS ANGELES — Two professional players of the video game “Call of Duty” (CoD) and one affiliated business entity allege in a complaint filed in California federal court that developer Activision Blizzard Inc. has violated the federal Sherman Act, California’s unfair competition law (UCL) and other laws by monopolizing all CoD-related esports and excluding existing teams, allegedly causing the plaintiffs more than $120 million in damages.

  • February 23, 2024

    Gig Economy Company Agrees To Settlement Including Worker Reclassification

    SAN FRANCISCO — A gig economy staffing company accused of violating California’s unfair competition law, the state’s labor code and San Francisco ordinances by misclassifying its workers as independent contractors has agreed to a settlement in a lawsuit in California court to convert its misclassified California workers to employees, according to a final judgment and injunction filed Feb. 22.