21 results for 'judge:"Bashant"'.
J. Bashant rules that a medical product solutions company may pursue fraudulent inducement claims against a diagnostic testing service. The medical product solutions company sufficiently alleges that the diagnostic testing service entered into a separate agreement with a third party to sell its products without remitting a portion of the revenues.
Court: USDC Southern District of California, Judge: Bashant, Filed On: May 1, 2024, Case #: 3:22cv785, NOS: Other Contract - Contract, Categories: Contract
J. Bashant finds in favor of BMW on the driver's warranty claims related to the used BMW she purchased from a used car dealership not affiliated with BMW. A used vehicle sold with a remaining balance on the original manufacturer's warranty is not a new vehicle under the Song-Beverly Consumer Warranty Act. Because all of the driver's claims rely on her vehicle being a new vehicle, they are legally foreclosed.
Court: USDC Southern District of California, Judge: Bashant, Filed On: April 30, 2024, Case #: 3:22cv1749, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Bashant grants a joint motion to seal filed by the online pharmacy and its competitor in a trademark case. The parties may redact portions of an expert report that contain patient information or sensitive business information. Also, the parties can redact the contact information of their customers in their exhibits, as providing such information could give competitors an advantage by being able to market to the customers.
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 25, 2024, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Bashant grants final approval to a $7.5 million settlement in a securities class action against GW Pharmaceuticals. Although the settlement amount represents approximately 1% of the maximum potential damages estimated by the shareholder's expert, GW Pharmaceuticals persuasively argues "that the hypothetical $600 million recovery was a 'pie in the sky value'." Furthermore, the settlement amount is "very much in line" with settlements in other similar litigation.
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 25, 2024, Case #: 3:21cv1019, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
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J. Bashant declines to dismiss claims brought by the Federal Trade Commission accusing the lead generation company of using a ringless voicemail service to pitch debt relief services to consumers in violation of the Telemarketing Sales Rule (TSR) and the Telemarketing and Consumer Fraud and Abuse Prevention Act. The TSR and Telemarketing Act "contemplated ringless voicemail in their definition of a 'telephone call'" and "the regulatory history of the TSR shows ringless voicemail was included in its scope," so the FTC "is not finding 'new-found powers in old statutes.'"
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 6, 2024, Case #: 3:23cv313, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Fraud
J. Bashant rules an opthalmic pharmacy may present "belatedly identified witnesses" testimony in court concerning false advertising against a competitor. The pharmacy was unaware of these 12 witnesses or the content of their testimony before receiving a voicemail from the competitor's former employee stating that she had information that would be pertinent to the litigation. However, the competitor will be prejudiced if it is unable to depose the newly identified witnesses so discovery is reopened for the sole purpose of allowing the competitor to conduct these depositions.
Court: USDC Southern District of California, Judge: Bashant , Filed On: December 12, 2023, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, False Advertising
J. Bashant grants counter-claimant Viking Air's motion for a preliminary injunction enjoining Ikhana Group and Aevex Aerospace from marketing or selling any modification that increases the maximum take-off weight of Viking's 400 Series Twin Otter Aircraft in commuter operations. Viking has met its burden of demonstrating a likelihood of irreparable harm by alleging that Ikhana is using its trade secrets for commercial advantage and intends to continue using them. Meanwhile, the narrow injunction "will not pulverize Ikhana's existing business."
Court: USDC Southern District of California, Judge: Bashant, Filed On: November 7, 2023, Case #: 3:23cv1306, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Bashant denies an oncology practice's motion for a restraining order commanding the pharmaceutical maker to produce an experimental cancer drug for a 17-year-old patient who is dying. Although the patient could suffer without emergency relief, the patient is neither the plaintiff seeking preliminary relief nor a party to the contract between the oncology practice and the pharmaceutical maker. The oncology practice has failed to show that it will suffer irreparable harm without emergency relief. The parties' contract does not require the drug maker to immediately manufacture a drug batch for human injection and the required ingredient is not commercially available.
Court: USDC Southern District of California, Judge: Bashant, Filed On: September 14, 2023, Case #: 3:23cv1458, NOS: Other Contract - Contract, Categories: Health Care, Restraining Order, Contract
J. Bashant grants the company's motion to compel arbitration of the software developer's claim for correction of patent inventorship related to patents he says he helped create while employed by the company. While the company and its owners knew of their existing right to arbitrate under the parties' agreement and did not immediately act on those rights, they did not act inconsistently with their known right to arbitrate. The developer fails to meet his burden to show that defendants waived their right to arbitration.
Court: USDC Southern District of California, Judge: Bashant, Filed On: July 18, 2023, Case #: 3:21cv1450, NOS: Patent - Property Rights, Categories: Arbitration, Patent, Contract
J. Bashant grants a luxury fashion company's motion to dismiss the consumer's complaint alleging that it collects data through an "elaborate system of cookies" to tailor advertising campaigns to potential customers. The consumer fails to reach the high bar needed to support his allegations under the Video Privacy Protection Act. Although the consumer plausibly suggests that the company is passively engaged in the delivery of video content, he fails to plausibly allege that the company significantly tailors its business to serve that purpose.
Court: USDC Southern District of California, Judge: Bashant, Filed On: July 10, 2023, Case #: 3:22cv1974, NOS: Other Statutory Actions - Other Suits, Categories: Privacy
J. Bashant grants a former employee's motion for temporary restraining order concerning a former employer's refusal to release her from employment restrictions. It is likely that California law applies to the restrictive covenant agreements, and "the non-compete, non-solicitation, non-recruitment, non-hire, and confidentiality restrictions are likely void under California law."
Court: USDC Southern District of California, Judge: Bashant, Filed On: June 5, 2023, Case #: 3:23cv943, NOS: Other Contract - Contract, Categories: Employment, Choice Of Law, Contract