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

Mealey's California Section 17200

June 13, 2023
Split 10th Circuit: Ski Resort Passholders May Refile Claims For COVID-19 Closure

DENVER — A split 10th Circuit U.S. Court of Appeals panel affirmed in part and vacated in part a federal court’s dismissal of season passholders’ lawsuit against ski resort owners for refusing to refund their purchases after abruptly ending the season due to COVID-19, finding that while the resort-owners’ contracts prohibit refunds, the passholders may refile several claims, including for violation of California’s unfair competition law (UCL), to seek “relief not expressly barred by the contracts.”
June 12, 2023
National RICO TPP Class For Actos Bladder Cancer Risk Certified; State Class Nixed

LOS ANGELES — A California federal judge has certified a national third-party payer (TPP) class of entities that paid for the diabetes drug Actos but denied a motion to certify a class of California consumers, according to a recently unsealed opinion and order.
June 12, 2023
Copyright Owners Amend Complaint Against OpenAI Over GitHub AI Tool

OAKLAND, Calif. — Copyright owners filed an amended class action complaint alleging, among other things, violation of the California unfair competition law (UCL), saying OpenAI Inc. and others employed an artificial intelligence program for use on software hub GitHub that reproduces licensed code.
June 12, 2023
Off-Road Vehicle Seller’s CAFA, Merits Of Claim Question Refused By High Court

WASHINGTON, D.C. — The U.S. Supreme Court on June 12 denied a petition for a writ of certiorari filed by an off-road vehicle company that challenged a decision by the Ninth Circuit U.S. Court of Appeals clearing the way for a California unfair competition law (UCL) claim in a putative class complaint over safety labeling to be refiled in state court and arguing that the merits of the claim should have been reached as the court had jurisdiction pursuant to the Class Action Fairness Act (CAFA).
June 09, 2023
9th Circuit Partly Reverses Dismissal Of Disability Claims Against Insurers

SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel reversed in part and affirmed in part a California federal judge’s grant of summary judgment against an insured who accused two insurers of breach of contract and violation of California’s unfair competition law (UCL) for refusing to find her totally disabled since 1989 when she developed carpal tunnel syndrome and left her primary career, based on a claim she filed in 2020 after leaving a secondary job due to COVID-19-related health concerns.
June 09, 2023
Judge Awards Juul $2M Against Counterfeiters After Bench Trial

LOS ANGELES — A California federal judge on June 8 filed findings of fact and conclusions of law after a bench trial, finding in favor of Juul Labs Inc. (JLI) on its claims for violation of federal trademark statutes and California’s unfair competition law (UCL) against a Chinese national and his companies in relation to the sales of counterfeit Juul products and awarding JLI $2 million in damages plus attorney fees.
June 09, 2023
Google, Lyrics Website Spar Over ‘Atypical’ Contract Claim In High Court Briefs

WASHINGTON, D.C. — In a supplemental brief further supporting its opposition to a petition for certiorari by a song lyrics website operator, Google LLC tells the U.S. Supreme Court that questions about the enforceability of the website’s terms of service (TOS) bolster the U.S. government’s position that the case presents a poor a vehicle for the court to decide whether the petitioner’s “atypical” contractual claims are preempted by federal copyright law.
June 09, 2023
Execs Can’t Arbitrate Elderly Cannabis Investor’s Son’s UCL Suit, Panel Says

SAN FRANCISCO — A California appellate panel affirmed the denial of two cannabis company executives’ petition to compel arbitration of claims brought against them by the son of a deceased elderly cannabis investor accusing them of violating California’s unfair competition law (UCL) and financial elder abuse by diverting the dead investor’s profits and assets to their other companies.
June 09, 2023
$2.35M Dickey’s Barbecue Data Breach Class Settlement Granted Final Approval

DALLAS — A federal judge in Texas granted final approval of a $2.35 million nonreversionary settlement to be paid by Dickey’s Barbecue Restaurants Inc. to end several consolidated data breach class complaints.
June 08, 2023
Magistrate Compels Arbitration In Japan Of Microchip Manufacturers’ Dispute

SAN JOSE, Calif. — A California federal magistrate judge granted a motion to compel arbitration of a dispute among chip-makers before the Japan Commercial Arbitration Association (JCAA), finding that the U.S. company’s claims for tortious interference and violation of California’s unfair competition law (UCL) against a Japanese chip-maker falls under the arbitration clause of a 2013 agreement between the parties.
June 07, 2023
Delta Accused Of Duping Flyers With ‘Greenwashing’ Campaign In Class Complaint

LOS ANGELES — A consumer sued an airline in California federal court accusing it of violating California’s unfair competition law (UCL) and other laws by falsely advertising itself, based on investments it made in the carbon-offset market as part of its environmental, social and governance (ESG) strategy, as “the world’s first carbon-neutral airline,” which the consumer says is “provably false.”
June 07, 2023
Federal Judge Dismisses Most Claims Against Mortgage Servicer, Beneficiary

SAN FRANCISCO — A mortgage loan servicer and beneficiary sued by borrowers facing foreclosure due to a severely delinquent loan won their bid to dismiss certain federal and California claims on statute of limitations grounds and for failure to state a claim, but a California federal judge found that a borrower’s unfair competition law (UCL) claims survive.
June 07, 2023
Walmart Must Provide Attorney Emails In Trade Dress Dispute With Vans Inc.

SANTA ANA, Calif. — Protections under the attorney-client privilege and the work product doctrine in an email chain between Walmart Inc. and its counsel were waived by disclosure of those emails to a third party and the assertion of an advice of counsel defense, a California federal magistrate judge ruled, granting a motion to compel by Vans Inc., which alleges trade dress infringement of multiple shoe designs by the retailer and its suppliers.
June 06, 2023
California Judge Enters Judgment On Special Jury Verdict In Insurer’s Favor

LOS ANGELES — A Los Angeles County Superior Court judge entered judgment on a jury’s special verdict in favor of a commercial property insurer in the insureds’ breach of contract coverage lawsuit arising from the coronavirus pandemic after the jury found last month that SARS-CoV-2 did not cause any direct physical loss or damage to the insureds’ hotel on or before June 1, 2020.
June 06, 2023
Dismissal Granted In Row Over Medicare Payments Suspended Due To Alleged Fraud

SAN DIEGO — A California federal judge dismissed without prejudice a suit filed against employees of a Medicare contractor accused of violations of the California Insurance Frauds Prevention Act and California unfair competition law after the employees suspended Medicare payments to a pain management clinic for allegations of fraud, finding that dismissal is proper because the clinic failed to exhaust its administrative remedies pursuant to the Medicare Act.
June 05, 2023
Forestry Companies Appeal Dismissal Of Greenpeace Defamation Suit To 9th Circuit

SAN FRANCISCO — Several corporate entities in the forest products industry have appealed to the Ninth Circuit U.S. Court of Appeals after a federal judge granted summary judgment in favor of Greenpeace International and its affiliates on the entities’ claims that Greenpeace violated California’s unfair competition law (UCL) by making defamatory statements about their logging practices, which allegedly caused them to lose 100 million Canadian dollars in business.
June 01, 2023
DOJ: Lyrics Website’s Copyright Claims Preempted; Certiorari Should Be Denied

WASHINGTON, D.C. — State law contractual claims brought by a song lyrics website operator against Google LLC are indistinguishable from federal copyright infringement claims and are, therefore, precluded by Section 301(a) of the Copyright Act, the U.S. Department of Justice (DOJ) argues in an amicus curiae brief in which it recommends that the U.S. Supreme Court deny the company’s petition for certiorari in which it seeks clarification on application of the statute.
June 01, 2023
Consumer Sues Snack-Maker For False ‘No Preservatives’ Claim In UCL Class Suit

SAN DIEGO — A California consumer in a putative class complaint accuses a snack-maker of violating California’s unfair competition law (UCL) and other laws by allegedly falsely labeling its fruit snacks as containing “No Preservatives” when they in fact contain the preservative citric acid.
May 31, 2023
Fastenal’s $2.4 Million Class Settlement In Wage, UCL Suit Approved

FRESNO, Calif. — A federal magistrate judge in California issued the final order and judgment approving a $2.4 million settlement to be paid by Fastenal Co. to end a class complaint by an employee alleging failure to pay workers for all overtime hours worked in violation of California’s wage and hour laws, unfair competition law (UCL) and Private Attorneys General Act (PAGA).
May 31, 2023
RESPA Claims Survive Wells Fargo’s Motion To Dismiss In California Federal Court

LOS ANGELES — A California federal judge partially denied Wells Fargo’s motion to dismiss and found that a couple has alleged damages in their third amended complaint sufficient for their Real Estate Settlement Procedures Act (RESPA) violation claim to move forward.
May 30, 2023
Court Grants Final Approval To $50M Settlement In MacBook Keyboards Class Action

SAN JOSE, Calif. — A California federal judge granted final approval to a $50 million settlement to resolve claims that Apple Inc. violated California’s unfair competition law (UCL) and consumer protection laws in several other states by selling MacBooks with allegedly defective keyboards, without Apple being required to admit liability.
May 30, 2023
Baby Food Maker Tells 9th Circuit ‘Truthful’ Labels Aren’t Fraudulent Or Illegal

SAN FRANCISCO — A baby and toddler food maker tells the Ninth Circuit U.S. Court of Appeals in an appellee brief that the “truthful, quantitative statements” on the front label of baby food pouches do not violate California’s unfair competition law (UCL) and the court should affirm a judge’s finding that federal regulations preempt a couple’s suit challenging the statements as unlawful and fraudulent.
May 26, 2023
Judge: Doctor Didn’t Prove Harm From Rite Aid’s Refusal To Fill Opioid Prescriptions

SACRAMENTO, Calif. — A California federal judge granted summary judgment for pharmacy chain Rite Aid Corp. in a doctor’s lawsuit alleging that the chain engaged unfair competition and defamed him when it told some of its pharmacies not to fill his prescriptions for controlled substances.
May 26, 2023
Panel Affirms Denial Of Ring’s Bid To Arbitrate Customers’ UCL Claims

SAN FRANCISCO — A California appellate court panel on May 25 affirmed a ruling denying Ring LLC’s motion to compel arbitration of a putative class complaint against it for alleged failure to make certain disclosures about the cost of its security camera products, writing that California precedent bars arbitration of the putative class claims seeking public injunctive relief due to violation of California’s unfair competition law (UCL) and other statutes.
May 25, 2023
Parties In Meta Pixel Privacy Suit Told To Confer, Agree On ESI Preservation

SAN FRANCISCO — In a March 10 motion, Meta Platforms Inc. asks a California federal court to relate an 11th case with 10 already related cases in which patients of various hospitals and medical facilities have brought suit against the Facebook operator for purportedly installing its Pixel tool on the health care facilities’ respective online patient portals, thereby allowing it to surreptitiously collect patients’ protected health information (PHI).