Mealey's California Section 17200

  • October 15, 2021

    Appeals Court Won’t Reinstate Calif. Unfair Competition Law Hospital Pricing Suit

    SAN FRANCISCO — Even under the most generous standard a man never establishes that a hospital’s failure to disclose that it imposes an emergency room fee separate from its listed charges constitutes unfair conduct under the California unfair competition law (UCL) or the California Consumers Legal Remedies Act (CLRA), a California appeals court said in affirming dismissal of the case Oct. 13.

  • October 14, 2021

    Class Suit Accusing Subway Of Tuna Misrepresentation Dismissed With Leave To Amend

    OAKLAND, Calif. — A federal judge in California on Oct. 7 dismissed with leave to amend a putative class complaint accusing a sandwich franchisor of violating California’s unfair competition law (UCL) and other state laws by labeling its tuna salad, sandwiches and wraps as “100% tuna” while failing to prevent adulteration in its supply chain or honor its representation that it has “a global ban on the sale of tuna species that come from anything less than healthy stocks.”

  • October 13, 2021

    Consumer Brings Suit For Sunscreen Products Deceptively Labeled As Reef-Safe

    SAN FRANCISCO — A California man on Oct. 8 filed a putative class action in a California federal court against a retailer and sunscreen manufacturer for claims including violation of California’s unfair competition law (UCL) in relation to their sales of sunscreen products that were allegedly falsely labeled as not harmful to coral reefs.

  • October 13, 2021

    Negligence, UCL Claims Filed Against Marketer In Alleged Reinsurance Scheme

    SAN DIEGO — Individuals who allege that they were sold counterfeited and nonexistent PregnancyCare insurance policies under “supposed captive reinsurance programs” filed a putative class complaint in California federal court on Oct. 11, claiming violation of California’s unfair competition law (UCL), negligent misrepresentation and unjust enrichment.

  • October 12, 2021

    J&J, Bausch Say Class Can’t Meet Fraud Standard In UCL Asbestos-Talc Appeal

    SACRAMENTO, Calif. — California unfair competition law and related class claims involving allegations that two companies improperly advertised consumer talc as free from asbestos all sound in fraud and do not meet the heightened pleading standard for such claims, the companies tell the Ninth Circuit U.S. Court of Appeals in an Oct. 8 joint answering brief.

  • October 08, 2021

    Panel Says Improper Review Was Applied To Newspaper Carriers’ Employment Status

    FRESNO, Calif. — A California appellate panel on Sept. 30 reversed a trial court’s finding that newspaper home delivery carriers who allege that a newspaper company violated California’s unfair competition law (UCL) by failing to pay their mileage expenses are independent contractors and remanded the case without ruling on the carriers’ employment status.

  • October 08, 2021

    9th Circuit Majority Affirms Dismissal Of False Advertising Claims

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals ruled Oct. 7 that a district court properly found that no evidence supports a medical company’s claims that laboratories and doctors switched to a competitors’ blood tests based on false advertising, while a dissenting judge said the district court erred and that triable issues exist.

  • October 07, 2021

    Judge Dismisses ‘Insufficient’ UCL Claim Against Dating Website For Data Breach

    SAN FRANCISCO — A California federal judge on Oct. 5 granted a motion to dismiss putative class action plaintiffs’ claim against a dating website for violation of California’s unfair competition law (UCL) after finding that the plaintiffs failed to allege that they relied on the website’s representations about its data security before paying for subscriptions.

  • October 06, 2021

    Woman Alleges J&J Suntan Lotion Contains Carcinogen

    SAN FRANCISCO — A woman who describes herself as “an avid user of sunscreen” on Oct. 4 filed a putative class action in California federal court against Johnson & Johnson Consumer Inc. (J&J), alleging that it violated California’s unfair competition law (UCL) by including ingredients in its sunscreen products that may have contributed to her recent leukemia diagnosis.

  • October 05, 2021

    Judge Dismisses Greenpeace UCL Claims Against Walmart Over Recyclable Products

    SAN FRANCISCO — A California federal judge on Sept. 20 granted Walmart Inc.’s motion to dismiss an environmental advocacy group’s lawsuit against it claiming that it violated California’s unfair competition law (UCL) by allegedly mislabeling plastic products that cannot actually be recycled as “recyclable.”

  • October 01, 2021

    Preliminary Approval Given To Nike’s $8.25M Waiting Time Class Settlement

    SAN JOSE, Calif. — A federal judge in California on Sept. 30 granted preliminary approval of Nike Retail Services Inc.’s $8.25 million to settle a 2014 class complaint accusing the employer of violating California’s Labor Code and unfair competition law (UCL) by failing to pay employees for time spent waiting for and during inspections following their shifts.

  • September 29, 2021

    Judge Won’t Dismiss Putative Class Action Against Google For Banner Ads

    SAN JOSE, Calif. — A federal judge in California on Sept. 24 declined to dismiss most of the putative class claims brought against Google LLC by two website owners including for violation of California’s unfair competition law (UCL) in relation to Google’s former practice on its Android search app of superimposing its logo and a “Related Pages” banner on the plaintiffs’ website that featured links to competitors’ websites.

  • September 27, 2021

    Judge Says Escrow Agent Must Face UCL Claim For Delayed Return Of Funds

    SAN DIEGO — A California federal judge on Sept. 17 granted in part and denied in part an escrow agent’s motions for summary judgment on claims including for violation of California’s unfair competition law (UCL) brought by buyers who say the agent failed to return approximately $285,000 held in escrow for 10 months after a planned real estate purchase fell through.

  • September 20, 2021

    Employee’s, Policyholder’s Data Breach Claims Against Insurer Survive Dismissal

    JEFFERSON CITY, Mo. — Although a Missouri federal magistrate judge found a claim for emotional distress damages inadequately pleaded, he otherwise deemed claims over the theft of personally identifiable information (PII) in a data breach, including breach of contract and unfair competition, to be sufficiently pleaded by a policyholder and a former employee, largely denying an insurance company’s motion to dismiss in a Sept. 15 ruling.

  • September 20, 2021

    Judge Dismisses UCL Claim For Automatically Renewed Store Membership

    SAN DIEGO — A California federal judge on Sept. 16 dismissed with leave to amend a putative class action against a home goods retailer for alleged failure to disclose that its store membership program automatically renews itself annually.

  • September 20, 2021

    Judge Dismisses Advocacy Groups’ UCL Claim Against Farm For Lack Of Standing

    SAN FRANCISCO — A California federal judge on Sept. 17 dismissed two animal rights groups’ complaint against a poultry farmer for violation of California’s unfair competition law (UCL) and other state laws, ruling that the organizations lacked standing as they failed to show that the farm’s allegedly misleading advertising forced them to divert resources from normal business activities.

  • September 17, 2021

    Bank Says No ‘Duty Of Care’ Owed To Family Claiming It Pocketed $40,000

    SAN FRANCISCO — Several Citigroup affiliates argue in a Sept. 16 reply brief in support of their motion to dismiss a first amended complaint brought by a man and his elderly parents that they owed no duty of care to the plaintiffs as the servicer of a home equity line of credit (HELOC) and that the family failed to sufficiently plead any violation of California’s unfair competition law (UCL).

  • September 16, 2021

    Graffiti Artists Say Apparel Company Wrongly Used Mural In Ads

    LOS ANGELES — Two artists on Sept. 14 filed a complaint in California federal court alleging that an apparel company violated federal trademark law and California’s unfair competition law (UCL) by using images of their graffiti mural in its advertisements.

  • September 16, 2021

    UCL Claim Dismissed In Class Suit Against Apple Over Siri Recordings

    SAN JOSE, Calif. — Consumers accusing Apple Inc. in a putative class complaint of unlawfully obtaining unauthorized recordings of communications via its preinstalled digital assistant, Siri, have failed to allege economic injury, a federal judge in California ruled Sept. 2, partially granting Apple’s motion and dismissing a claim under California’s unfair competition law (UCL).

  • September 16, 2021

    4 Class Cases Alleging Hyundai, Kia Engine Defect Consolidated

    SANTA ANA, Calif. — A federal judge in California on Sept. 8 consolidated four class complaints alleging that certain models of Hyundais and Kias have defective engines that can spontaneously ignite and appointed interim co-lead counsel and settlement counsel.