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

Mealey's California Section 17200

October 03, 2024
Discovery Ruling Issued In Insurance Fraud Suit Seeking Relief Under ERISA, UCL

LOS ANGELES — A California federal magistrate judge substantially granted a motion to compel discovery filed by a cheese manufacturing company in its suit against surgery centers for alleged fraudulent billing for health care plan benefits related to unnecessary or unperformed medical services, restitution under the Employee Retirement Income Security Act (ERISA) and violations of California’s unfair competition law (UCL), finding in part that the defendants’ privacy concerns are outweighed by the need for the discovery information that will be reviewed under a stipulated protection order that will address those concerns.
October 03, 2024
Judge Orders Further Briefing In OnlyFans Unfair Renewals Suit

SAN FRANCISCO — A California federal judge on Oct. 2 directed putative class plaintiffs accusing an adult entertainment website of violating California’s unfair competition law (UCL) by improperly charging them automatic renewal fees to file an amended complaint modifying their allegations regarding the defendants’ purposeful targeting of California, which the judge will consider before ruling on a motion to dismiss.
October 03, 2024
Alter Ego Liability Theory Rejected In Ruling On Summary Judgment Motions

SACRAMENTO, Calif. — Ruling on two motions for summary judgment on cross-claims in a suit involving reinsurance and related agreements, a California federal judge rejected an alter ego argument, granting one motion fully and the other partially.
October 02, 2024
Judge Won’t Certify Class Allegedly Deceived By ‘Veterinary’ Pet Food

SAN FRANCISCO — A California federal judge denied motions by self-described “pet parents” for certification of classes accusing three veterinary pet food-makers of violating California’s unfair competition law (UCL) and other laws by deceptively enforcing a prescription requirement for their products, which the consumers say deceived them into believing that the products are subject to federal regulation and safety inspections.
October 02, 2024
LensCrafters’ $39M Settlement Of Consumers’ Overpayment Claims Granted Final OK

NEW YORK — A $39 million settlement between Luxottica Retail North America, doing business as LensCrafters, and consumers who allege that they were given false information about the company’s AccuFit system that caused them to overpay for prescription eyeglasses in violation of California, Florida and New York laws was granted final approval by a federal judge in New York.
October 02, 2024
Epic Games Files Antitrust Suit Against Samsung, Google Over App Blocking Feature

SAN FRANCISCO — Epic Games Inc., the developer of the popular video game Fortnite, on Sept. 30 sued Samsung Electronics Co. Ltd. and Google LLC, alleging antitrust law and California unfair competition law (UCL) violations related to Google’s and Samsung’s alleged cooperation to reduce competition in the app distribution market by agreeing to Samsung’s use of the “auto blocker” default settings on its new phones that would block all user attempts to download and install Android apps from any source competing with the Google Play Store and the Samsung Galaxy Store.
October 01, 2024
Consumer Accusing V8 Splash Of Misleading Labels Defends Against Dismissal

CAMDEN, N.J. — A consumer filed a brief in New Jersey federal court opposing Campbell Soup Co.’s motion to dismiss her putative class action accusing it of violating California’s unfair competition law (UCL) and other laws by deceptively marketing its V8 Splash product as healthy, arguing that the product’s deceptive front label renders disclosures on its back label irrelevant.
September 30, 2024
Consumer Agrees To Dismiss ‘Inhumane’ Practices Suit Against Organic Milk Producer

SAN FRANCISCO — A consumer and an organic milk producer on Sept. 27 filed a joint stipulation in California federal court asking the court to dismiss the consumer’s putative class claims that the producer violated California’s unfair competition law (UCL) and other statutes by selling its milk with “idyllic imagery” of cow mothers with calves when its milk is produced by cows “inhumanely” separated from calves at birth.
September 27, 2024
Home Depot Agrees To Pay $2M To California For Overcharging Claims

SAN DIEGO — A California judge entered final judgment and a permanent injunction against Home Depot U.S.A. Inc., which agreed to pay nearly $2 million to settle claims brought against it by the state for violating California’s unfair competition law (UCL) and false advertising law (FAL) for allegedly charging customers prices higher than the lowest advertised or posted price.
September 27, 2024
Plaintiff Consents To Hacked Facebook Accounts Suit Being Heard By Magistrate

SAN FRANCISCO — A plaintiff bringing a putative class action against Meta Platforms Inc. in California federal court for breach of contract and violation of California’s unfair competition law (UCL) due to it allegedly allowing “hackers to abscond with hundreds of thousands of Facebook accounts” while barring hacked users from regaining access to their accounts consented to magistrate jurisdiction over the suit on Sept. 26.
September 27, 2024
Settlement In Principle Reached In Walgreens Lidocaine Labeling Class Suit

CHICAGO — A status hearing in a putative class complaint by consumers who accuse Walgreen Co., doing business as Walgreens, of misleading labeling on certain lidocaine products was delayed via a docket entry by a clerk in a federal court in Illinois on Sept. 26 after the parties stated that they reached a settlement in principle.
September 26, 2024
Judge Dismisses $20M Suit Against Printer Manufacturer Over Ink Cartridge Yields

LOS ANGELES — A California federal judge dismissed a Texas company’s lawsuit against a printer manufacturer for fraud and violation of California’s unfair competition law (UCL) based on claims that the manufacturer misrepresented the yields of its ink cartridges, leading the plaintiff to allegedly incur $20 million in damages.
September 25, 2024
Most Claims Survive Dismissal In Forta Data Breach MDL Case

MIAMI — Ruling that the plaintiffs in a consolidated putative class action arising from a 2023 data security breach adequately allege standing, a Florida federal judge granted dismissal for failure to state a claim only as to all or part of 11 of the 27 claims; he said he would allow repleading on four of the claims, but the plaintiffs opted to forgo repleading.
September 24, 2024
Cigna, Insureds Debate ERISA, UCL Impact On AI Claims Denial Case

SACRAMENTO, Calif. — Individuals allegedly denied coverage by an artificial intelligence algorithm employed by Employee Retirement Income Security Act insurer Cigna Corp. debated whether the program’s use violated plan terms on how the company would review claims, preemption and whether California unfair competition law claims were properly pleaded in briefing over a motion to dismiss a third amended complaint.
September 24, 2024
Google Partially Granted Summary Judgment In Ovulation Tracking App Suit

SAN FRANCISCO — Female consumers who used the Flo Period & Ovulation Tracker app and are now suing the app creator and third parties for privacy and contract violations as well as unfair competition law (UCL) claims under California law abandoned their defense of their UCL claims against Google LLC and failed to show that Google has actual knowledge of the alleged practices, a federal judge in California ruled Sept. 23, partially granting Google’s motion for summary judgment.
September 24, 2024
California, Environmental Groups Sue Exxon For Single-Use Plastics Pollution

SAN FRANCISCO — The California Attorney General’s Office and environmental groups on Sept. 23 separately filed complaints against Exxon Mobil Corp., accusing it of creating a public nuisance and violating California’s unfair competition law (UCL) and other laws by manufacturing single-use plastics that it misrepresented as recyclable while earning billions dollars from sales of plastic products per year.
September 24, 2024
Data Breach Class Suit Against Casino Operator May Proceed, Judge Rules

LAS VEGAS — A Nevada federal judge granted in part and denied in part a casino operator’s motion to dismiss putative class action claims against it for negligence, violation of California’s unfair competition law (UCL) and other statutes on behalf of a nationwide class and a California subclass in relation to a 2022 breach of its servers that led to the leak of more than 200,000 people’s personal identifying information (PII).
September 19, 2024
Judge Grants Summary Judgment To Mortgage Servicer On Misleading Notices Claims

LOS ANGELES — A California federal judge granted a mortgage loan servicer’s motion for summary judgment on a borrower’s claims accusing it of unfairly misrepresenting the interest rate and principal due on her loan, finding that despite receiving misleading notices, the plaintiff did not allege damages as she has remained in her home without making a mortgage payment for 16 years.
September 19, 2024
Preliminary Approval Of Settlement Granted In Payroll Processor Data Breach Suit

LOS ANGELES — A California state court judge granted preliminary approval of a settlement in a putative class action suit against an entertainment industry payroll processor whose alleged failure to implement cybersecurity measures to protect the plaintiffs’ personally identifiable information (PII) resulted in a data breach impacting more than 450,000 individuals, staying litigation in the case pending final approval of the settlement.
September 19, 2024
MrBeast Game Show Contestants File Wage, Harassment Class Complaint

LOS ANGELES — Five unnamed contestants of Beast Games, a game show produced in part by MrBeast and Amazon Alternative LLC, filed a class complaint in a California court accusing Amazon and others of wage-and-hour violations, harassment and unfair business practices after they say they were told they would be competing with 1,000 people for a $5 million prize but the odds of winning were actually far less when they began competing.
September 19, 2024
Planned Parenthood’s $6M Data Breach Class Settlement Given Final OK

LOS ANGELES — A $6 million settlement by Planned Parenthood Los Angeles (PPLA) to end a consolidated class complaint accusing the reproductive health care provider of failing to protect patients’ personally identifiable information and protected health information from being accessed and stolen was granted final approval by a California judge, following the submission of additional documentation.
September 17, 2024
Judge Dismisses ‘Worldwide Conspiracy’ Claims Against Foreign Honey Companies

SACRAMENTO, Calif. — A California federal judge dismissed with prejudice a complaint brought by three U.S. honey producers against importers, certifiers and packers of foreign honey for participating in an alleged “worldwide conspiracy” to sell inauthentic, adulterated honey products at low prices in the United States, finding that the plaintiffs failed to plead their fraud-based claims with sufficient particularity.
September 17, 2024
Yelp Agrees To Magistrate Oversight In Stolen Info Antitrust Suit Against Google

SAN FRANCISCO — Internet search platform Yelp Inc. consented to jurisdiction by a federal magistrate judge over further proceedings in its California federal court suit against multinational search engine tech company Google LLC asserting antitrust violations pursuant to the Sherman Act regarding Google’s alleged “numerous anti-competitive practices, including stealing information from Yelp’s website and passing it off as Google’s own.”
September 16, 2024
Panel Says Suit Against Crypto Exchange For False Security Claims Not Arbitrable

SAN FRANCISCO — A California appellate panel affirmed a trial court’s denial of a cryptocurrency exchange’s petition to compel arbitration of claims that it misrepresented the security of its platform in violation of California’s unfair competition law (UCL) and other laws, finding that the plaintiffs’ claims are inarbitrable because they seek public injunctive relief, thereby affirming the opposite conclusion of that reached by a federal judge hearing similar claims brought by some of the same plaintiffs.
September 16, 2024
9th Circuit Won’t Rehear Baby Food Labeling Suit

PHOENIX — The Ninth Circuit U.S. Court of Appeals denied a baby food company’s petition for panel or en banc rehearing, with only a dissenting judge from the original panel voting in favor of rehearing the case in which the court reversed the dismissal of putative class claims and said that certain state law labeling claims were not preempted by federal law.