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Mealey's California Section 17200

  • December 05, 2025

    9th Circuit Affirms TRO Enjoining OpenAI From Use Of ‘IO’ Mark

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel affirmed a California federal judge’s decision to grant a temporary restraining order (TRO) that bars a company recently purchased by ChatGPT-maker OpenAI LLC from using marks that could potentially cause confusion with another technology company with a similarly pronounced name.

  • December 04, 2025

    California High Court Declines Review Of Ruling That Upheld Rehabilitation Plan

    SAN FRANCISCO — The California Supreme Court denied a petition for review filed by an insurer after a lower appellate court upheld a nonconsensual rehabilitation plan for a workers’ compensation insurance carrier approved as part of conservation proceedings brought by California’s insurance regulator  to resolve dozens of reinsurance participation agreement (RPA) lawsuits.

  • December 03, 2025

    U.K. Plaintiffs’ Restitution Claim For ‘Honey’ Discount Losses Dismissed

    SAN FRANCISCO — A California federal judge dismissed with leave to amend a putative class action filed by citizens of the United Kingdom against two companies that own and operate the “Honey” discount-finding browser extension, finding that the plaintiffs’ claim for monetary restitution under California’s unfair competition law (UCL) is actually a claim for damages and, therefore, not recoverable.

  • December 03, 2025

    Preliminary Injunction Left Intact In IP Row Over Game Emulation Software

    SAN DIEGO — A California federal judge denied video game emulation software developers’ motion to reconsider a decision to grant a video game publisher’s request for a preliminary injunction in a dispute over trademarks and copyrights related to the video game EverQuest, finding that the defendants “essentially argue the Court was wrong in its decision” without further evidence.

  • December 03, 2025

    Judge ‘Inclined To Dismiss’ Burger King Class Claims After Denying Certification

    MIAMI — A Florida federal judge in a docket entry said he is “inclined to dismiss the Plaintiffs’ state-law claims and close the case” after denying a motion to certify a nationwide class or multi-state subclass in a suit against Burger King Corp. (BKC) for allegedly deceptively advertising burgers including the “Whopper” to appear 35% larger than they actually are and ordered the plaintiffs to explain how they will proceed.

  • December 03, 2025

    Class Suit Seeks To Recover Wagers Placed With Allegedly Illegal Gambling App

    NEW YORK — Seven users of the Kalshi App filed a putative class complaint in a federal court in New York seeking to recover wagers they placed regarding various aspects of professional sports games, arguing that the app-based platform marketed as a “prediction market” is actually an unlicensed sports gambling platform.

  • December 03, 2025

    Class Suit Alleges Certain Faulty Frigidaire Gas Ranges Leave Food Undercooked

    WILMINGTON, Del. — Three models of Frigidaire gas ranges contain a defect that results in the ovens failing to achieve the set temperature, resulting in undercooked food, a California man alleges in a putative class complaint filed against Electrolux Home Products Inc. and Electrolux Consumer Products Inc. in a federal court in Delaware.

  • December 02, 2025

    Judge Won’t Decertify ‘Orthodontic’ Pacifier Multistate Class Action

    CHICAGO — An Illinois federal judge on Dec. 1 denied motions for class decertification and for summary judgment filed by two companies that are accused of deceptively marketing pacifiers as “orthodontic” in violation of Illinois law, California’s unfair competition law (UCL) and the consumer protection laws of several other states, and denied Daubert motions to exclude experts filed by both the plaintiffs and the defendants.

  • November 24, 2025

    Inflated Online Pricing Class Suit Against Costco Remanded To State Court

    LOS ANGELES — A California federal judge granted a putative class plaintiff’s motion to remand his suit accusing Costco Wholesale Corp. of deceptively inflating prices for items on its online store after finding that Costco failed to show that the suit was properly removed based on the amount in controversy, opining that Costco’s arguments regarding that amount were “speculative” and not based on the plaintiff’s pleadings.

  • November 24, 2025

    Judge Dismisses Stolen Profits Suit Against PayPal Over ‘Honey’ Discount Finder

    SAN JOSE, Calif. — A California federal judge on Nov. 21 granted PayPal Inc.’s motion to dismiss a putative class action brought against it by influencers and content creators active on platforms such as YouTube and Instagram who accused it of violating California’s unfair competition law (UCL) by using a discount-finding browser extension, “Honey,” to redirect profits from their market affiliate links to itself, finding that they lack standing for failure to allege an injury traceable to PayPal.

  • November 20, 2025

    $3.25 Million Settlement, Injunctive Relief Approved In Student Data Breach Case

    LOS ANGELES — A California judge granted the state’s unopposed ex parte application for final judgment and a permanent injunction against a data storage provider, requiring the company to implement enhanced data security measures, undergo third-party audits for five years and pay $3.25 million in penalties after the state alleged that the provider failed to maintain data privacy safeguards that led to a 2022 breach exposing sensitive student information in at least 49 school districts.

  • November 18, 2025

    Costco, Consumer Jointly Dismiss Class Claims Over PFAS In Baby Wipes

    SAN FRANCISCO — A consumer, Costco Wholesale Corp. and a baby wipe manufacturer on Nov. 17 filed a joint stipulation of dismissal of the consumer’s putative class action alleging that Costco’s Kirkland Signature Baby Wipes contain unsafe levels of per- and polyfluoroalkyl substances (PFAS); the court in July denied Costco’s motion to reconsider a prior order refusing to dismiss the suit.

  • November 18, 2025

    Walmart Seeks $745K In Attorney Fees From Plaintiff’s Counsel In Avocado Oil Case

    LOS ANGELES — Walmart Inc. on Nov. 17 filed a brief in California federal court asserting that it is entitled to $745,422.75 in attorney fees from two attorneys who represented a plaintiff in a putative class action against Walmart for violating California’s unfair competition law (UCL) and other laws by deceptively marketing avocado oil, and against whom the court ordered sanctions after finding that they acted “recklessly” and in “subjective bad faith” by bringing a frivolous lawsuit.

  • November 18, 2025

    High Court Won’t Review Ruling Upholding Dismissal Of UCL Suit Against Amazon

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 17 denied certiorari to a remanufacturer of ink cartridges seeking review of a Ninth Circuit U.S. Court of Appeals ruling affirming a lower court’s dismissal of a suit accusing Amazon.com Inc. and its subsidiaries of violating California’s unfair competition law (UCL), the Lanham Act and other laws by allowing third-party sellers to post allegedly deceptive listings for recycled printer ink cartridges, thereby diverting business from authentic ink cartridge recyclers.

  • November 17, 2025

    Insured Seeks Rehearing In Unjust Enrichment, UCL Suit Against Travel Insurers

    PASEDENA, Calif. — An insured on Nov. 14 filed a petition for rehearing en banc asking the Ninth Circuit U.S. Court of Appeals to reconsider a panel majority ruling that affirmed a lower federal court’s grant of summary judgment in favor of travel insurers in his unjust enrichment and unfair competition lawsuit, challenging the majority’s finding that he is not entitled to recover any portion of the premium for a travel insurance policy he purchased for a cruise that was later canceled due to the coronavirus pandemic because there was no unearned premium.

  • November 17, 2025

    Advocacy Group Says Car Makers Conceal Use Of Prison, Child Labor

    LOS ANGELES — A labor advocacy group filed a lawsuit in California state court accusing the makers of Hyundai- and Kia-brand automobiles of violating California’s unfair competition law (UCL) under the unlawful, unfair and fraudulent prongs by misleadingly marketing their electric vehicles (EV) to state agencies while allegedly seeking to conceal their alleged use of “child, forced, and prison labor” to manufacture EVs.

  • November 17, 2025

    Judge Allows Claims Against Steel Cookware Seller For False Discount Pricing

    LOS ANGELES — A California federal judge denied a cookware company’s motion to dismiss a putative class action accusing it of violating California’s unfair competition law (UCL) by falsely listing “discount” prices on its website when in fact the products were never sold at listed higher reference prices, thereby allegedly deceiving consumers into believing that they were obtaining the benefit of a bargain, finding that the claims are proper under binding precedent, which the defendant allegedly did not acknowledge.

  • November 13, 2025

    Judge Allows Class Claims Against Robinhood Over Interest Retention Practices

    SAN FRANCISCO — A California federal judge denied a motion filed by the operators of the “Robinhood” stock trading mobile app and website to dismiss putative class claims alleging that they violated California’s unfair competition law (UCL) and are liable for breach of the implied covenant of good faith and fair dealing, finding the plaintiffs adequately alleged that Robinhood unfairly retained the interest accrued on customers’ accounts that they placed into interest-bearing accounts through Robinhood.

  • November 12, 2025

    Damages Expert Excluded In Dispute Over In-Game Purchases In Mobile Application

    SEATTLE — An expert retained by a pair of consumers who seek to represent a class of others who were allegedly deceived into making in-game purchases while playing online gambling games cannot opine on models used to calculate damages, a Washington federal judge ruled, finding that the expert has not demonstrated how he is qualified under Federal Rule of Evidence 702.

  • November 12, 2025

    Reconsideration Of Judge’s Refusal To Dismiss False Pricing Suit Denied

    LOS ANGELES — A California federal judge denied a motion by a children’s clothing company for reconsideration of a prior order refusing to dismiss a putative class action against it for violating California’s unfair competition law (UCL) by advertising false “discount” prices, rebuffing the company’s arguments that the court improperly allowed a claim for equitable restitution.

  • November 11, 2025

    Judge Defers Ruling On Motion To Compel Class Members Who Sued Lender To Arbitrate

    SAN FRANCISCO — A California federal judge on Nov. 10 ordered a motion to compel arbitration held in abeyance, finding that genuine disputes remain as to the argument by consumer loan app operators that binding arbitration agreements exist as to more than 235,000 of 250,000 certified class members who sued the app operators for concealing fees while operating as an unlicensed lender in violation of California’s unfair competition law (UCL) and California finance laws.

  • November 10, 2025

    PayPal Denied Arbitration Of Content Creators’ Claims Over ‘Honey’ Browser Extension

    SAN JOSE, Calif. — A California federal judge on Nov. 7 deferred ruling on an administrative motion to relate four putative class actions brought by influencers and content creators active on YouTube and Instagram who accuse PayPal Inc. of interfering with prospective economic relations and violating California’s unfair competition law (UCL) by using a popular browser extension to redirect their profits from market affiliate links to itself.

  • November 10, 2025

    Sutter Health Settles Anticompetitive Tying Class Suit For $228.5 Million

    SAN FRANCISCO — A more than decade-long class suit accusing Sutter Health of monopolizing northern California hospital markets to raise prices and decrease competition will be settled for $228.5 million, according to a federal magistrate judge in California’s orders granting final approval of the settlement, attorney fees, costs and service awards.

  • November 06, 2025

    Ransomware Data Breach Class Suit Resolved With $1.9M Settlement

    MINNEAPOLIS — A Minnesota federal judge entered judgment after granting final approval to a $1.9 million settlement resolving class claims including for violation of California’s unfair competition law (UCL) against a data hosting vendor on behalf of individuals whose personal data was hacked during a ransomware attack on the vendor’s accounting and health care customers, with the plaintiffs’ counsel awarded more than $633,000 in attorney fees.

  • November 05, 2025

    Trade Association Urges High Court Review Of Google, Epic Games Antitrust Dispute

    WASHINGTON, D.C. — A trade association and a tech-industry coalition, as well as former national security officials and scholars, on Nov. 4 filed amicus curiae briefs in the U.S. Supreme Court in support of Google LLC and related entities’ petition seeking review of a Ninth Circuit U.S. Court of Appeals’ ruling affirming a lower court’s jury verdict and injunction that Google says targets its “lawfully obtained competitive advantage” 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.