Newsletter RSS

Mealey's California Section 17200

  • August 14, 2025

    Musk Must Mount Fight Against UCL Counterclaims In OpenAI Suit, Judge Says

    SAN FRANCISCO — Elon Musk must face California unfair competition law (UCL) counterclaims stemming from his media interactions touting his attempts to buy OpenAI Inc. assets because the conduct is sufficiently divorced from courthouse advocacy to fall outside litigation privilege protections, a federal judge in California said, while also dismissing his breach of implied covenant and Racketeer Influenced and Corrupt Organizations Act claims.

  • August 12, 2025

    App Developers Accuse Apple Of Monopolizing App Sales Market

    OAKLAND, Calif. — Seven plaintiffs filed an amended class action against Apple Inc. in California federal court accusing the company of monopolizing the market for apps and harming their companies by forcing them to pay “supra-competitive commissions” to keep their products available on the Apple App Store, allegedly in violation of California’s unfair competition law (UCL), antitrust law and Korean and Japanese anti-monopoly laws.

  • August 11, 2025

    $3.5M Class Settlement OK’d In Assisted Living Facilities Misrepresentation Suit

    LOS ANGELES — A federal judge in California approved a $3.5 million class action settlement and injunction between the operator of assisted living communities and a resident resolving claims that the operator misrepresented to residents its capability of adequately providing care services.

  • August 11, 2025

    Judge Partly Grants Motion To Certify Class In Misleading Crypto Promotions Suit

    LOS ANGELES — A California federal judge granted in part and denied in part a motion by cryptocurrency investors to certify a class against a cryptocurrency developer, the developers’ executives and celebrities such as Kim Kardashian and Floyd Mayweather Jr. who promoted the crypto coin as a reliable investment, allegedly in violation of California’s unfair competition law (UCL) and other state laws.

  • August 07, 2025

    Rehearing Sought After 9th Circuit Says UCL Claim Against Credit Union Preempted

    PASADENA, Calif. — A checking-account holder filed a motion asking the Ninth Circuit U.S. Court of Appeals for an extension of time to file his petition for rehearing en banc after a panel affirmed the dismissal of his claims that a federal credit union violated California’s unfair competition law (UCL) by fining him for its failure to properly deposit his check because such claims are expressly preempted.

  • August 07, 2025

    False Advertising Suit Against IVF Embryo-Testing Company Dismissed

    OAKLAND, Calif. — A California federal judge dismissed a putative class action filed by two women against a company that advertises itself as testing embryos obtained through in vitro fertilization (IVF) for abnormalities before implantation, finding that the plaintiffs’ claims that the company misrepresented the accuracy of its tests in violation of California’s unfair competition law (UCL) and other laws were not pleaded with sufficient specificity.

  • August 05, 2025

    9th Circuit Stays Injunction In Epic Games Antitrust Suit Over Google Play Store

    SAN FRANCISCO — Without providing explanation, the Ninth Circuit U.S. Court of Appeals granted Google LLC’s emergency motion for a stay of a district court’s permanent injunction against Google in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store.

  • August 04, 2025

    9th Circuit Reverses Dismissal Of Negligence Claim In Child Porn Row With Twitter

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 1 affirmed in part and reversed and remanded in part a lower court’s dismissal of a suit by two John Does’ asserting claims against Twitter Inc. (now known as X Corp.) for violations of Section 230 of the Communications Decency Act (CDA), negligence per se and product liability for allowing purported child pornography to stay on the social media platform, finding that while Twitter is immune pursuant to Section 230 to the federal law claims and some product liability claims, negligence and defective reporting-infrastructure design claims are not barred by Section 230.

  • August 04, 2025

    Judge Gives Preliminary OK To $4.7M Settlement Of Deceptive Discount Claims

    LOS ANGELES — A California federal judge granted preliminary approval of a $4.7 million settlement of class action claims accusing an underwear and apparel company of deceiving online customers with “fake timers that countdown fake limited time sales” in violation of California’s unfair competition law (UCL) and other laws, with the amount of attorney fees sought by plaintiffs’ counsel not yet specified.

  • August 01, 2025

    9th Circuit Affirms Verdict, Injunction In Antitrust Row Between Epic and Google

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 31 affirmed a jury verdict and the trial court’s entry of a permanent injunction against Google LLC in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store, finding that the verdict and injunction were “supported by the record.”

  • August 01, 2025

    OnlyFans Operators Ask Court To Reconsider Dismissal Of Subscribers’ Class Suit

    SANTA ANA, Calif. — The entities that operate the adult website OnlyFans on July 31 filed a motion asking a California federal judge to reconsider a ruling refusing to dismiss on forum non conveniens a suit brought by California subscribers who claim that they were deceived into paying to communicate with “professional chatters” instead of adult content creators, writing that the court’s “public policy rationales” were recently overturned.

  • July 30, 2025

    Privacy Claims Against Meta, Google Over Prescription Website May Proceed

    SAN FRANCISCO — Consolidated claims that Google LLC and Meta Platforms Inc. intercepted and used the protected health information (PHI) of users of a health services website mostly survived a dismissal motion, with a California federal judge finding that the plaintiffs sufficiently alleged claims for invasion of privacy, unfair competition and unjust enrichment, among other things.

  • July 31, 2025

    Women’s Dating Advice App ‘Ignored’ Data Security Before Hack, Plaintiffs Say

    SAN FRANCISCO — Two women filed separate putative class action lawsuits in California federal court against the developer of the Tea app, where women post anonymously about dating men, accusing it of negligence and violation of California’s unfair competition law (UCL) after its database of users’ identity-verification photos and drivers’ license pictures was hacked and posted online.

  • July 30, 2025

    Reconsideration Denied In Putative Class Suit Over PFAS In Costco Baby Wipes

    SAN FRANCISCO — A California federal judge on July 29 denied Costco Wholesale Corp.’s motion for reconsideration of a ruling denying its motion to dismiss a putative class action alleging that Costco’s Kirkland Signature Baby Wipes contain unsafe levels of per- and polyfluoroalkyl substances (PFAS), writing that Costco failed to show a “change of law” that would merit reconsideration.

  • July 30, 2025

    Putative Class Suit Alleging ‘Huggies’ Baby Wipes Contain PFAS Dismissed By Judge

    SAN FRANCISCO — A California federal judge dismissed a putative class action against the maker of “Huggies” baby wipes for failing to disclose that the product contains per- and polyfluoroalkyl substances (PFAS), writing that the plaintiffs did not allege that the amount of PFAS found in the product by independent testing renders the wipes defective, dangerous or toxic.

  • July 29, 2025

    Epic Says Opinion ‘Provides No Basis’ To End Injunction In Apple Antitrust Row

    SAN FRANCISCO — In an antitrust suit dispute between Apple Inc. and Epic Games Inc., Epic filed a response in the Ninth Circuit U.S. Court of Appeals to Apple’s argument that pursuant to the U.S. Supreme Court’s recent decision in Trump v. CASA, Inc., a district court did not have the authority to make applicable to all developers the injunctive order requiring Apple to permit app developers to inform users of methods for making in-app purchases (IAPs) outside of the company’s App Store.

  • July 28, 2025

    ‘Sensitive Skin’ Mislabeling Class Action Was Properly Certified, 9th Circuit Says

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 25 affirmed a court’s certification of a class action against Johnson & Johnson Consumer Inc. (J&J) for allegedly misrepresenting the benefits of a sensitive skin care product in violation of California’s unfair competition law (UCL) and other laws, finding that the lower court properly certified the class based on the plaintiff’s damages expert and the likelihood of making classwide liability findings.

  • July 28, 2025

    Judge Gives Final Approval To $3.57M Similasan Eye Product Class Settlement

    DENVER — A federal judge in Colorado has granted final approval to a $3.57 million settlement between the maker of nonprescription health care products and plaintiffs who claim that it sold products without approval from U.S. Food and Drug Administration, noting that nearly 100,000 claim forms have been filed.

  • July 25, 2025

    9th Circuit: Bored Ape NFTs Trademarkable, But Confusion Not Shown

    SAN FRANCISCO — While a panel in the Ninth Circuit U.S. Court of Appeals agreed with the makers of Bored Ape Yacht Club nonfungible tokens (NFTs) that NFTs are trademarkable “goods” as defined in the Lanham Act, the panel reversed summary judgment in the company’s favor on trademark infringement and cybersquatting claims because it failed to show convincingly that consumers would confuse its NFTs with other ape-themed products from two defendants lampooning the original NFTs.

  • July 24, 2025

    9th Circuit Affirms Dismissal Of Breach Of Contract Suit Against Apple Over Cloud

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 23 affirmed a lower court’s order dismissing a woman’s putative class action suit against Apple Inc., alleging breach of contract and violations of California consumer protection laws for Apple’s purported deceptive representations regarding its iCloud data storage, finding that the woman failed to show that Apple’s statements would deceive a reasonable consumer and that she failed to allege breach of contract.

  • July 24, 2025

    California Court OKs Publishing Ruling Re Rehab Plan For Workers’ Comp Insurer

    SAN FRANCISCO — The First District California Court of Appeal on July 23 granted a request for publication of an initially unpublished opinion upholding a nonconsensual rehabilitation plan for a workers’ compensation insurance carrier; the plan was approved as part of conservation proceedings brought by California’s insurance regulator and includes options to resolve dozens of reinsurance participation agreement (RPA) lawsuits.

  • July 22, 2025

    Judge Denies Preliminary Approval Of $7.8M Settlement In Video Games Antitrust Case

    SAN FRANCISCO — A California federal judge denied a plaintiff’s motion for preliminary approval of a $7.8 million settlement to resolve claims against Sony Interactive Entertainment LLC for violating antitrust laws and California’s unfair competition law (UCL) by monopolizing sales of PlayStation 5 (PS5) video games through its online store, citing “glaring shortcomings” in the motion.

  • July 21, 2025

    Fact Discovery Closed After Judge Refuses To Certify IPhone Data Class Action

    SAN JOSE, Calif. — A California federal judge on July 18 entered a stipulated order closing fact discovery in a class action against Apple Inc. after denying in an earlier order the plaintiff’s motion for class certification on claims that Apple wastes iPhone users’ cellular data even when their phones were set to reduce the consumption of data, in violation of California’s unfair competition law (UCL), and denying as moot opposing motions to exclude expert witnesses.

  • July 21, 2025

    9th Circuit Revives UCL Suit Over Carbs, Calories In Supplements

    PASADENA, Calif. — No petition for rehearing having been filed, a Ninth Circuit U.S. Court of Appeals panel issued its mandate after reversing a judge’s order dismissing a consumer’s putative class claims against a supplement maker for falsely labeling its products as containing zero calories or carbohydrates in violation of California’s unfair competition law (UCL) and other laws, opining that the consumer’s claims are not preempted.

  • July 18, 2025

    Federal Magistrate Dismisses Cheese Labeling Suit Without Leave To Amend

    SACRAMENTO, Calif. — A California federal magistrate judge on July 17 dismissed without leave to amend a consumer’s putative class action lawsuit against the maker of “Hamburger Helper” products for allegedly misrepresenting the cheese content of its products with a picture of a bowl of cheesy pasta and the statement “Made With Real Cheese,” finding cheese was not advertised as a primary ingredient and that the labels would not deceive reasonable consumers.