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

Mealey's California Section 17200

August 14, 2023
Justice Kagan Won’t Vacate 9th Circuit’s Mandate Stay In Apple, Epic Antitrust Row

WASHINGTON, D.C. — A mandate that established an injunction permitting Epic Games Inc. to inform consumers of alternate methods of making in-app purchases (IAPs) in its games will remain stayed following Justice Elena Kagan’s denial of the gaming firm’s application to vacate the Ninth Circuit U.S. Court of Appeals’ stay of the mandate pending Apple Inc.’s forthcoming petition for certiorari with the U.S. Supreme Court related to the matter.
August 11, 2023
More StubHub Ticket Purchasers Sent To Arbitration In Pandemic Cancellation Suit

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals found that a trial court erred in a class lawsuit accusing StubHub Inc. of changing its refund policies for events canceled or rescheduled due to the coronavirus pandemic when it denied a motion by the second ticket marketer to compel to arbitration five ticket purchasers who used the company’s mobile application after signing into the website because the “sign-in screen is nearly identical to the website checkout screen that the district court found was sufficient to compel the other forty-eight Plaintiffs to arbitration.”
August 10, 2023
Judge Dismisses Juul Exec’s Wrongful Firing Suit After Arbitrator Rejects Claims

SAN FRANCISCO — A California federal judge on Aug. 9 dismissed with prejudice a lawsuit brought by a former executive who accused e-cigarette maker Juul Labs Inc. (JLI) of wrongful termination and violating California’s unfair competition law (UCL) after he complained that up to 1 million of its mint-flavored nicotine pods may be contaminated, citing the rejection of his claims by an arbitrator.
August 09, 2023
Panel Says Hospital’s Fees Properly Listed, Affirms Dismissal Of UCL Suit

SAN DIEGO — A California appellate panel affirmed a trial court’s ruling striking a lawsuit accusing a group of medical service providers of violating California’s unfair competition law (UCL), finding that the providers complied with California regulations for disclosure of emergency room fees despite the plaintiffs’ allegation that he was unexpectedly billed $10,000 after three emergency room visits.
August 07, 2023
Judge Stays Solar Panel Companies’ UCL, Trade Secret Row Pending Arbitration

SAN FRANCISCO — A California federal judge stayed a lawsuit brought by a Korean solar panel manufacturer accusing two California-based solar panel companies of violating California’s unfair competition law (UCL), misappropriation of trade secrets and defamation pending the outcome of the parties’ arbitration in Singapore, finding that the parties’ agreement delegates questions of arbitrability to the arbitrators.
August 07, 2023
Tesla Owners Allege In Class Complaint That Battery Range Is ‘Grossly Overestimated’

SAN FRANCISCO — The average battery range for Tesla electric vehicles is “well-below the range Tesla had advertised,” three California residents allege in a warranty breach and unfair competition law (UCL) class complaint filed in a federal court in their state.
August 04, 2023
9th Circuit Reverses FCA Dismissal, Says Public Disclosure Bar ‘Not Triggered’

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 3 reversed and remanded an order dismissing a relator’s qui tam suit alleging violations of the federal False Claims Act (FCA) against pharmaceutical companies related to their alleged fraud by artificially inflating drug prices, finding that the suit was not precluded by the public disclosure bar because none of the public disclosures “made a direct claim” that the pharmaceutical companies committed fraud.
August 04, 2023
Magistrate Again Dismisses Suit Against Google For Remote Schooling Hack

OAKLAND, Calif. — A California federal magistrate judge dismissed several claims brought against Google LLC by a minor child who claims that Google invaded his privacy while he was required to use a Google platform for remote schooling during COVID-19 and failed to prevent a hack of his computer device that resulted in a sexually explicit message being sent to his teacher.
August 03, 2023
Judge Stays UCL Class Suit Against Cryptocurrency Exchange Pending Arbitration

SAN FRANCISCO — A California federal judge on Aug. 2 granted cryptocurrency exchange Coinbase Inc.’s motion to stay and compel arbitration of putative class claims accusing it of violating California’s unfair competition law (UCL) and other statutes by misrepresenting its platform’s ability to protect funds stored by users in their accounts, finding that the plaintiffs all agreed to arbitrate disputes when they created Coinbase accounts.
August 03, 2023
9th Circuit Affirms Order Not Striking Testimony In Senior Home Understaffing Row

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 2 affirmed a district court’s order denying assisted living facilities’ motion to strike expert testimony and certifying a class of residents in a suit alleging inadequate staffing at the facilities, finding that the district court did not abuse its discretion when certifying the class and that the evidence sufficed to show inadequate staffing.
August 03, 2023
Judge Finds North Carolina Hot Sauce Maker’s ‘Texas’ Brand Could Mislead Consumers

LOS ANGELES — A California federal judge denied a motion to dismiss a putative class action accusing a North Carolina hot sauce maker of violating California’s unfair competition law (UCL) by misrepresenting its “Texas Pete” brand hot sauce product as made in Texas, finding that the plaintiff plausibly alleged that a reasonable consumer could interpret the product’s label design as implying that the product was made in Texas.
August 03, 2023
Consolidated Class Suit Over U-Haul Data Breach Mostly Dismissed

PHOENIX— Mostly granting a dismissal motion by U-Haul International Inc., an Arizona federal judge disposed of 11 of 12 putative class claims brought against the company related to a 2022 breach of its network, finding most of the federal and state claims over the theft of U-Haul customers’ personally identifiable information (PII) to be insufficiently pleaded.
August 03, 2023
Insurers File Class Complaint Over Policy Payments For Kia, Hyundai Thefts

SANTA ANA, Calif. — Insurance companies across the United States filed a master complaint in a multidistrict litigation in a federal court in California over the thefts of Kia and Hyundai vehicles seeking to recover damages they paid to their insureds due to the purported design flaws in the vehicles that permit thieves to steal them in less than two minutes.
August 02, 2023
Parties Announce Nissan Carbon Monoxide Settlement Reached; Case Stayed

SANTA ANA, Calif. — A federal judge in California stayed a lawsuit accusing Nissan North America Inc. of selling vehicles that permit carbon monoxide to enter the passenger compartments after the parties filed a notice that a settlement in principle has been reached.
August 01, 2023
Calif. Federal Judge Dismisses UCL Claim From Suit Over Jeep Sway Bar Defect

SAN FRANCISCO — A California federal judge denied a putative class plaintiff’s motion to remand his lawsuit accusing a Jeep manufacturer of concealing a defect that could allegedly increase the risk of rollover, dismissed his claim for violation of California’s unfair competition law (UCL) for failure to plead an inadequate remedy at law and dismissed his remaining claim for failure to plead that the manufacturer knew of or concealed the alleged defect.
August 01, 2023
Panel: Anti-SLAPP Defense Doesn’t Apply To UCL Claim For Churchill Plot Theft

LOS ANGELES — A California appellate panel on July 31 affirmed a trial court’s denial of a motion filed by Hollywood studios, actor Gary Oldman, his agent and his manager to strike a screenwriter’s lawsuit accusing them of violating California’s unfair competition law (UCL) by taking his ideas for a Winston Churchill biopic without compensation or credit, finding that none of the screenwriter’s claims falls under the state’s anti-Strategic Lawsuit Against Public Participation (SLAPP) law.
August 01, 2023
Justice Kagan Wants Apple’s Reply To Epic’s Bid To Nix Stay In App Store UCL Row

WASHINGTON, D.C. — Six days after Epic Games Inc. filed an emergency application with the U.S. Supreme Court seeking relief from the Ninth Circuit U.S. Court of Appeals’ stay of a mandate that granted Epic an injunction related to its antitrust claim against Apple Inc. under California’s unfair competition law (UCL), Justice Elena Kagan on July 31 requested a response to the application from Apple in the suit over Apple’s purported anti-competitive behavior related to in-app purchases (IAPs) and its App Store.
July 31, 2023
‘Virtually Certain’ Copyright Violations Keep AI Github Claims Alive, Class Says

OAKLAND, Calif. — Anonymous plaintiffs defended California unfair competition law (UCL) and other claims stemming from the alleged use of licensed software posted to the Github repository to train artificial intelligence from a motion to dismiss, saying their allegations were “plausible, highly likely and indeed, virtually certain.”
July 31, 2023
9th Circuit Vacates Denial Of Class Certification Of UCL Claim Against CVS

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on July 28 vacated a judge’s denial of class certification on claims that CVS Health and affiliates violated California’s unfair competition law (UCL) by selling a hand sanitizer product with a “kills 99% of germs” statement on the label and remanded for reconsideration of an expert witness’s report, while affirming the denial of certification for the plaintiff’s fraud and negligent misrepresentation claims.
July 28, 2023
UCL Suit For ‘Natural’ Fruit Chunks In Synthetic Syrup May Proceed, Judge Says

SAN FRANCISCO — A California federal judge granted in part and denied in part a fruit company’s motion to dismiss a consumer’s putative class complaint accusing it of violating California’s unfair competition law (UCL) and other states’ consumer protection laws by advertising its fruit chunk products as “natural” while they in fact contain synthetic ingredients, dismissing the plaintiff’s multistate consumer protection claims but allowing her UCL and Oregon state law claims to proceed.
July 28, 2023
California Appeals Court: Interactions Didn’t Create Provider-Insurer Contract

SAN DIEGO — There is no evidence that an insurer’s past payments or benefit discussions with a provider created a contract or promise to pay a specific level of reimbursement, a California appeals court said in affirming summary judgment on July 27.
July 28, 2023
‘Natural’ Skin Care Maker Accused Of Violating UCL With Greenwashed Labels

SAN FRANCISCO — Two consumers filed a putative class action in California federal court accusing a skin care manufacturer of using “greenwash” techniques that violate California’s unfair competition law (UCL) and other statutes by representing its skin care products as “natural” when they in fact contain synthetic ingredients.
July 27, 2023
Court To Hear Arguments On Medical Reimbursement Claim Splitting Ruling

LOS ANGELES — A California appeals court set oral arguments for September in a case challenging rulings granting a demurrer, staying a case and imposing sanctions for improper claim splitting in a medical reimbursement action involving claims under the California unfair competition law (UCL).
July 26, 2023
After Remand, 9th Circuit Affirms Arbitration Denial In Truck Driver’s Class Case

SEATTLE — The Ninth Circuit U.S. Court of Appeals in a case remanded by the U.S. Supreme Court found that Southwest Airlines Co. v. Saxon is not “clearly irreconcilable” with Rittman v. Amazon.com, Inc. and for the second time affirmed a trial court’s denial of arbitration in a class case by Domino’s Pizza LLC truck drivers (D&S drivers) alleging unreimbursed business expenses and violation of California’s unfair competition law.
July 26, 2023
Beverage Maker Accused In Class Suit Of Selling PFAS-Containing Smoothies

SAN DIEGO — Two consumers filed a putative class complaint in California federal court 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.