26 results for 'judge:"Davila"'.
J. Davila finds in favor of the U.S. Patent and Trademark Office after Apple and other tech companies sought to challenge a new rule regarding the "NHK-Fintiv standard," which relates to how petitions are considered for inter partes review. After a series of dismissals and appeals, the only claim that remains to be settled is a claim from the tech companies that say the Patent and Trademark Office installed the new standard without going through the proper notice-and-comment rulemaking period. The new standard, however, is not a "substantive" rule, and as a result, the notice-and-comment period was not required.
Court: USDC Northern District of California, Judge: Davila, Filed On: March 31, 2024, Case #: 5:20cv6128, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Trademark
J. Davila dismisses all securities claims against Apple from shareholders who claim the company, starting as far back as 2004, entered into illegal agreements with other companies to not solicit each other's employees. A prior order from an appeals court in 2021 bars all of the current claims under the issue preclusion doctrine, leaving the claims dismissed with prejudice.
Court: USDC Northern District of California, Judge: Davila, Filed On: March 18, 2024, Case #: 5:14cv3634, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Davila finds in favor of a homeowner who claims that State Farm denied her property damage claim when a broken thermostat caused her home to suffer excessive heat damage. State Farm denied the claim after finding there were at least two policy exclusions that prevented the homeowner from recovering damages, but under the clear language of the agreement, the loss is covered by their "Power Interruption" provision.
Court: USDC Northern District of California, Judge: Davila, Filed On: February 5, 2024, Case #: 5:22cv4193, NOS: Insurance - Contract, Categories: Insurance
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J. Davila dismisses all class employment claims against Amazon from employees who say that the company's "productivity policies," which track the productivity of warehouse workers and helps the company assign productivity scores based on their performance, violate California's Fair Employment and Housing Act by unfairly targeting female employees. The claims are "insufficiently general" and don't point to a specific element or rule within the productivity policies that is discriminatory. The employees are given leave to amend to add that missing specificity.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 30, 2024, Case #: 5:22cv6397, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Class Action
J. Davila allows negligence claims to survive against Accellion stemming from two data breach incidents. The company was aware of some security vulnerabilities in its software prior to the breaches, and by not fixing them in time, the company breached its special duty of care to customers. A series of other contract and privacy claims are tossed for not showing that the company was acting in a "highly offensive" manner, though they may be amended.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 29, 2024, Case #: 5:21cv1155, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Privacy
J. Davila grants final approval to a $10 million settlement in a class action brought by Health Net customers who were impacted by a data breach. Each class member may submit a claim to receive credit monitoring services for three years, a cash fund payment, or a documented loss payment of up to $10,000. The settlement also calls for Health Net to implement and maintain data security measures for 5 years.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 16, 2024, Case #: 5:21cv3322, NOS: Other Contract - Contract, Categories: Settlements, Privacy, Class Action
J. Davila allows some false advertising claims to proceed against Nurture, the company behind the Happy Baby line of baby food products, that allege the products are marketed as being good for young children but in fact are harmful for kids under two years old. It's plausible some of the nutrient content claims on the packing run afoul of FDA regulations, so unjust enrichment claims can move forward.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 29, 2023, Case #: 5:21cv8566, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, Consumer Law, False Advertising
J. Davila allows some class antitrust claims to continue against Disney that allege Disney conspired with DirecTV to raise the prices and shun competitors from the "Streaming Live Pay TV" market. The complaint has done enough to show that Disney has used anticompetitive conduct to strengthen the barrier to entry in the streaming market, making it harder for new players in the space to get the infrastructure they need to compete.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 29, 2023, Case #: 5:22cv7533, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Davila allows some civil rights claims to continue against San Jose from a former owner of a hookah lounge who says local officials unfairly targeted his business with citations and occupancy reductions for alleged code violations. The complaint has properly shown that the lounge was hit with violations regarding their parking lot to which other businesses around the lot were not subjected, leaving enough plausibility that the business was being targeted for some of the equal protection claims to survive. Several individual officials and attorneys being sued are dismissed from the action, however, due to prosecutorial immunity.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 20, 2023, Case #: 5:20cv8808, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Equal Protection
J. Davila declines to dismiss an environmental group's lawsuit accusing Sunnyvale and Mountain View of unlawfully discharging pollution into their sewer systems. The cities moved for dismissal on the ground that a 2022 permit issued to them by the regional water quality board changed the landscape enough that the suit is moot. While the permit does change a few things, it does not rescind a prior 2015 permit or change the language of the local discharge rules. The new permit, as a result, does not moot the claims and allows the court to retain jurisdiction.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 14, 2023, Case #: 5:20cv824, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Jurisdiction
J. Davila dismiss all of the consumers' claims alleging that McCormick & Company's spices contained dangerous heavy metals like lead and arsenic. The suit takes aim the company's marketing slogan "The Taste You Trust" and claims that the spices are too dangerous for human consumption, but both of these claims fail. The company's marketing slogan falls under the protections of corporate puffery, and the study that consumers point to in their effort to show the dangers of the products only list McCormick's spices as being of "some concern."
Court: USDC Northern District of California, Judge: Davila, Filed On: September 13, 2023, Case #: 5:22cv349, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action
J. Davila denies summary judgment to telescope retailers and consumers in their antitrust suit alleging that Ningbo Sunny Electronic Co. fixed prices and restricted trade terms in the telescope market. They allege that the company, which has been successfully sued for this before, has tried to defraud the court to evade judgement and refuses to appear in this suit. And while it is true that the company has not appeared in the case after being served, there are still triable issues regarding evidence of their alleged antitrust activity that need to be proven. Summary judgment would be premature and not in the interest of "judicial economy."
Court: USDC Northern District of California, Judge: Davila, Filed On: September 12, 2023, Case #: 5:20cv3642, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Davila grants certification of a handful of classes and denies Google's motions for summary judgment and evidence strikes in Google's long ongoing battle with advertisers who say Google did not properly apply "Smart Pricing" discounts and didn't limit advertisements to the geographic locations that the advertisers were attempting to target. The advertisers have brought forward enough evidence of injury from the alleged conduct to survive a summary judgment motion at this time, and a series of subclasses have met their numerosity and superiority requirements to be certified as the dispute carries on.
Court: USDC Northern District of California, Judge: Davila, Filed On: August 15, 2023, Case #: 5:11cv1263, NOS: Other Statutory Actions - Other Suits, Categories: Class Action, Contract
J. Davila allows some claims to continue in Apple's trade secret and contract complaint against Rivos for allegedly targeting and soliciting Apple employees familiar with Apple's chip design trade secrets. Claims cannot continue against former Apple employees who retained Apple information on their synced drivers, as that conduct does not rise to the level of trade secret theft. However, claims may proceed against employees who transferred confidential information to their personal software repositories before leaving Apple.
Court: USDC Northern District of California, Judge: Davila, Filed On: August 11, 2023, Case #: 5:22cv2637, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Davila allows antitrust claims to continue against the WWE after a minor league wresting company says the company is unfairly restricting their business by blocking them from certain venues and deals, as well as threatening their performers that they will never be hired by the WWE if they ever work for the minor league company. At this early stage, it's plausible the WWE has engaged in unlawful exclusionary conduct that not only has harmed competitors, but consumers as well. All the claims may proceed.
Court: USDC Northern District of California, Judge: Davila, Filed On: June 15, 2023, Case #: 5:22cv179, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Davila grants final approval to a $50 million settlement that will end the consumers' class action against Apple alleging that MacBooks that came with defective "butterfly" keyboards that would fail after a year of use. Class members will receive cash payments ranging from $50 to $395, with those who experienced two or more particular repairs receiving the highest payment. The settlement represents between 9% and 28% of the total estimated damages at trial which "falls squarely within acceptable recovery ranges in this district."
Court: USDC Northern District of California, Judge: Davila, Filed On: May 25, 2023, Case #: 5:18cv2813, NOS: Other Contract - Contract, Categories: Settlements, Warranty, Class Action
J. Davila grants partial summary judgment to Samsung Electronics in its lawsuit against Blaze Media over several mobile device patents. The NFC security patents, which relate to security improvements in NFC enabled mobile devices and NFC point-of-sale terminals, do not recite an inventive concept and are thus patent-ineligible. However, Blaze Media plausibly alleges that the mobile payment patents, which are related to security processing product purchase transactions made by mobile devices, recite an inventive concept.
Court: USDC Northern District of California, Judge: Davila, Filed On: May 16, 2023, Case #: 5:21cv2989, NOS: Patent - Property Rights, Categories: Patent