289 results for 'court:"USDC Northern District of California"'.
J. Corley grants final approval to a $51,000 class settlement with Atlantic Recovery Solutions over alleged unfair debt collection practices. The terms appear fair and include $123,000 in attorney fees.
Court: USDC Northern District of California, Judge: Corley, Filed On: May 9, 2024, Case #: 3:22cv4108, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Settlements, Class Action
J. Alsup dismisses all contract claims from X Corp. accusing Bright Data of breaking X's Terms of Service by scrapping and selling its data. X has not brought forward any evidence that supports a damage claim or how exactly Bright Data is using any X accounts that are bound to the Terms of Service. Attempts from X to circumvent those shortcomings by relying on arguments under the Copyright Act only "undermine the purpose and intended effects" of the Act, leaving all of their claims to fail.
Court: USDC Northern District of California, Judge: Alsup, Filed On: May 9, 2024, Case #: 3:23cv3698, NOS: Other Contract - Contract, Categories: Copyright, Contract
J. Orrick dismisses all civil rights claims from U.S. News against the San Francisco Attorney's Office over subpoenas that the office issued to the news agency looking for information related to what methodologies it used to rank the hospitals in the United States. U.S. News says the subpoenas infringe on its First Amendment rights. The attorney's office, having voiced concerns that the news agency might be in violation of California code regarding its ranking activities, has a legal interest in the information and any claims from the agency that the subpoenas will quell its free speech are speculative and without merit.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 7, 2024, Case #: 3:24cv395, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Freeman dismisses securities claims for the third and final time from investors against AcelRx Pharmaceuticals who say the company tried to hide details over misleading marketing statements made about their painkiller drug, DSUVIA, that led to a warning letter from the FDA. Even after a few attempts to amend their claims, investors are unable to give any proof that the company was intentionally trying to mislead them. There is no evidence the company had a "mental state embracing intent to deceive," and in fact it appears they were working with the FDA to comply with their marketing concerns.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 7, 2024, Case #: 5:21cv4353, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
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J. Lin denies in part summary judgment to an officer seeking qualified immunity regarding excessive force claims from a woman who was bitten by a police dog while hiding, unarmed, in some bushes after stealing from an Ulta Beauty store. The women has abandoned her claim that the initial bite from the dog was excessive, but her claims that the officer allowed the bite to go on for too long will proceed. The woman alleges that the officer allowed the dog to continue biting the top of her scalp after she stated that she would surrender and pleaded for the officer to get the dog off of her.
Court: USDC Northern District of California, Judge: Lin, Filed On: April 29, 2024, Case #: 3:22cv1097, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Tigar allows negligence and race discrimination claims to proceed from a single plaintiff against the California Department of Corrections stemming from an incident at CTF Soledad in July 2020 where more than 50 Black inmates were awakened in the middle of the night to be interrogated in the dining hall, leading to an outbreak of Covid-19 at the facility. Of the initial class of over 50 people who were allegedly targeted by the event or got Covid from it, years of proceedings narrowed the class down to six. Today it is trimmed down further to just one. The rest lack standing for not exhausting all of their administrative options.
Court: USDC Northern District of California, Judge: Tigar, Filed On: April 23, 2024, Case #: 4:23cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. DeMarchi finds in partial favor of environmentalists after they sued the federal government for not properly putting into place a plan that can rebuild the Pacific sardine population, which was declared overfished in 2019. The government prevails on a few minor claims regarding what environmental impact statements are needed to resolve the matter, but environmentalists have shown the feds did not put in place a plan that will prevent overfishing or rebuild the sardine population by the deadline set under the Fishery Conservation and Management Act.
Court: USDC Northern District of California, Judge: DeMarchi, Filed On: April 22, 2024, Case #: 5:21cv5407, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Corley dismisses employment discrimination claims from a former employee of UPS who says she was repeatedly mocked for her age and weight while on duty. One co-worker allegedly taunted her by asking, "Mirror mirror on the wall, whos’ the fattest of them all?” during work. Several procedural problems plague her claims. She did not file her first suit within the limitations period, she did not give UPS proper notice of the suit, and she did not exhaust all of her options outlined in her collective bargaining agreement.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 19, 2024, Case #: 3:23cv5785, NOS: Other Labor Litigation - Labor, Categories: Employment Discrimination
J. Chesney dismisses wrongful death claims against Contra Costa County officials stemming from the death of a foster child who had been placed in the care of a foster parent chosen by the county. The complaint has already been tossed twice before, and the same issues persist on its third version. The county was not presented with a claim by the proper date, shielding officials from the claims.
Court: USDC Northern District of California, Judge: Chesney, Filed On: April 18, 2024, Case #: 3:19cv7152, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death
J. Chen allows some disability discrimination claims to proceed against CVS from around a half-dozen CVS health plan participants who say the plans are designed to discriminate against people living with HIV/AIDS. The participants say the company makes it needlessly inconvenient and complicated for them to get their medications and that CVS ignores requests from participants looking to opt-out. At least one of the half-dozen participants has proven that they reached out to CVS to opt-out several times, but were ignored or denied each time. This is enough to show that they were denied benefits under their plan, allowing some of the claims to continue to the next stage.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 18, 2024, Case #: 3:18cv1031, NOS: Other Labor Litigation - Labor, Categories: Health Care, Insurance
J. Gilliam allows some class false advertising claims to proceed against Bob’s Red Mill Natural Food over the presence of cadmium in its flaxseed products, despite claims on the packaging that the products are healthy. Several of the claims are tossed for not being able to show that the trace amounts found in the products pose any kind of health risk, but some proceed on the grounds that the alleged misrepresentations still resulted in consumers overpaying for them.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 16, 2024, Case #: 4:23cv3862, NOS: Other Contract - Contract, Categories: Class Action, False Advertising
J. Orrick allows some negligence claims to survive against San Francisco from an engineer with the city's utilities commission who was attacked by a trio of knife-wielding men when he was within minutes of his job site. He returned to work after the incident, but while working on the job site, was still being subjected to racial slurs and threats from at least one of his attackers. The engineer says he filed complaints with the city and his bosses in an effort to increase security and make accommodations for him, but the city would go on to "medically separate" him. There is conflicting evidence on the record as to whether this was a factor for the engineer later not returning to work or if it was purely out of safety concerns, and the record needs to be expanded further to help resolve some of those questions.
Court: USDC Northern District of California, Judge: Orrick, Filed On: April 11, 2024, Case #: 3:22cv3174, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Chen allows several class negligence and privacy-related claims to proceed against Kaiser from users of their medical apps who say Kaiser has allowed third parties to collect and store private health information from the apps without permission. Kaiser moved to toss most of the claims on procedural and preemption grounds, and while that is true for some, to toss all claims on that basis would be putting "form over substance." Many of the claims survive as a result.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 11, 2024, Case #: 3:23cv2865, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. White allows a single claim to proceed against Proctor & Gamble from a consumer who say he was tricked into buying a NyQuil product that claimed to have a significant amount of real honey in it, when it had only a small amount of honey. The consumer did not bring forward any evidence that supports his contract and warranty claims, leaving all of them to fail, but there is a potential that some consumers could be misled in regards to what percentage of honey makes up the NyQuil.
Court: USDC Northern District of California, Judge: White, Filed On: April 9, 2024, Case #: 4:23cv5061, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. Gilliam dismisses false advertising claims against Dole from consumers who say the company misrepresents their line of fruit and drink products as being healthy and nutritious, when in fact many of the products derive most of their calories from sugar. The consumers challenge phrases on the packaging such as, "We promise to provide everyone, everywhere with good nutrition," but these phrases are surrounded by analogies and playful drawings. They are "vague and aspirational" statements that are common in exaggerated advertising, leaving no room for claims based on them to survive.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 8, 2024, Case #: 4:23cv3320, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Corley dismisses false advertising claims against Christian Dior from consumers who say the company has misrepresented the sun protection properties of their "24 hour" cosmetic products. There is nothing on the record to show that the labels on Christian Dior products have been confusing consumers. The class even conducted a survey where only one-third of survey takers agreed with the consumers' interpretation of the labels, leading the consumers to say this meant the other two-thirds were duped by the front labels. This "makes no sense" and all of their claims fail.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 1, 2024, Case #: 3:23cv409, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
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. Westmore allows a single negligence claim to proceed against X Corp. in a class privacy dispute stemming from a 2022 data breach. X is shielded from the bulk of the contract and unjust enrichment claims by the Terms of Service agreement between it and its users, thought those claims are tossed with leave to amend in the event that users can prove the Terms of Service are "unconscionable." A negligence claim is allowed to survive at this stage, but its future survival is also predicated on the ability to prove that the Terms of Service are void.
Court: USDC Northern District of California, Judge: Westmore, Filed On: March 29, 2024, Case #: 4:23cv186, NOS: Other Contract - Contract, Categories: Negligence, Privacy, Class Action
J. Corley denies a motion from Tesla to dismiss or stay a complaint in which the Equal Employment Opportunities Commission claims Tesla has subjected Black employees working in its manufacturing facilities to a hostile, race-fueled work environment. Tesla says the claims should be tossed due to "virtually identical" proceedings in state court. On top of the commission bringing forward enough evidence to show the merits of the claims, there is nothing happening in state court that would bar a resolution to this case.
Court: USDC Northern District of California, Judge: Corley, Filed On: March 29, 2024, Case #: 3:23cv4984, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Corley allows some claims to proceed against X Corp. from a class of former then-Twitter employees who say that after Elon Musk took over the company, a series of mass layoffs unfairly targeted older and female employees. There is not enough on the record to show any intention to discriminate against the older employees at this stage, but there is enough to show that the mass layoffs were disproportionately against women.
Court: USDC Northern District of California, Judge: Corley, Filed On: March 29, 2024, Case #: 3:24cv125, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising