287 results for 'court:"USDC Northern District of California"'.
J. Chesney dismisses several employment claims against Skywest Airlines from a pilot who says the airline does not pay their California-based pilots proper overtime wages or provide proper meal breaks. The meal and rest break claims are preempted by the Federal Aviation Act. The pilot's expenditure reimbursement claim fails because he was not required to use his personal cell phone to clock in or to communicate with traffic controllers and dispatchers.
Court: USDC Northern District of California, Judge: Chesney, Filed On: May 22, 2023, Case #: 3:21cv4674, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Preemption
J. Chen declines to dismiss false advertising claims against distiller Sazerac alleging that it misleads consumers into falsely believing that its Fireball drink contains whisky. There are striking similarities between the labels for the distiller's Fireball Whisky -- a cinnamon-flavored, 66-proof whisky -- and Fireball, a whisky-flavored malt beverage that contains no whisky and about half the alcohol. Sazerac's argument that it believes consumers are not confused by the two bottles is "something that cannot be assumed as a matter of law."
Court: USDC Northern District of California, Judge: Chen, Filed On: May 17, 2023, Case #: 3:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
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
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J. Chesney grants partial summary judgment to a group of manufactures that are accused of conspiring to fix the prices of assemblies for hard disk drives. The claims cannot continue in regard to products that never made it to the United States, but claims relating to products that made it into the United States can move forward.
Court: USDC Northern District of California, Judge: Chesney, Filed On: May 15, 2023, Case #: 3:20cv1217, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Chhabria allows negligence claims to continue against the parent company of TikTok from two content moderators who say ByteDance did not adopt reasonable measures to mitigate their harm from having to watch disturbing content. The moderators adequately allege that ByteDance controlled their work "to such a degree that it can be held liable for its alleged negligence," even though the moderators were directly employed by other companies. The moderators plausibly claim that ByteDance required all moderators to use its proprietary software, which was defective and prevented them from escaping harmful content.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: May 15, 2023, Case #: 3:22cv1883, NOS: Other Labor Litigation - Labor, Categories: Negligence
J. Freeman allows a class action to continue against Bath & Body Works over marketing claims about the unique moisturizing properties of hyaluronic acid. The consumer has standing to pursue injunctive relief. She is not alleging that the hyaluronic products are completely useless, but rather is objecting to Bath & Body Works' claim that hyaluronic acid can retain 1,000 times its weight in water. Therefore, it is plausible that she could still want to purchase the product.
Court: USDC Northern District of California, Judge: Freeman , Filed On: May 15, 2023, Case #: 5:21cv5606, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising
J. Corley allows false advertising claims to proceed against Christian Dior that allege the company sells cosmetics products that are misleadingly represented as having sun protection benefits. A big part of the suit is over the products' "24-hour promise," which the company says only applies to the products' cosmetic benefits, not their sun protection benefits. But a reasonable consumer could be duped by that kind of vague language, so the bulk of the claims may continue.
Court: USDC Northern District of California, Judge: Corley, Filed On: May 12, 2023, Case #: 3:23cv409, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. grants preliminary approval to a $3.4 million settlement with pharmaceutical manufactures Amneal and Lupin in a class action accusing them and other manufacturers of delaying the generic version of Xyrem, a narcolepsy drug.
The settlement, which only applies to one of the classes, will not be distributed to the settlement class members, but rather will be used to support continued litigation against the remaining defendants.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: May 12, 2023, Case #: 3:20md2966, NOS: Antitrust - Other Suits, Categories: Antitrust, Settlements, Class Action
J. Seeborg allows the consumer to proceed with only his misleading-by-omission claim in his class action accusing KIND of misrepresenting the amount of digestible protein in its products. It is “at least plausible” that KIND’s failure to comply with the Food, Drug, and Cosmetics Act (FDCA) requirement that it must list the percent daily value of actual digestible protein on its nutrition facts panel renders its protein content claim misleading. However, his remaining claims are either expressly or impliedly preempted by the FDCA.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: May 11, 2023, Case #: 3:22cv6654, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action, False Advertising
J. Orrick grants the employer's motion to compel arbitration of all but one claim brought by its former employee related to allegations that it failed to pay non-exempt workers for time spent on Covid-19 screening before shifts. A claim brought under California's Private Attorneys General Act is not subject to arbitration, and so is stayed pending guidance from the state Supreme Court. The employee's other claims are subject to an arbitration agreement, since she has not shown that it was unenforceable.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 11, 2023, Case #: 3:23cv342, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Covid-19
J. Ryu partially grants the employees' motion for terminating or issue sanctions against their employers due to discovery violations. Sanctions are appropriate in light of the employers' deficient responses to interrogatories, but the employees have not offered evidence to support their contention that these deficiencies were intentional, rather than careless. The employers are also ordered to pay attorneys' fees. m
Court: USDC Northern District of California, Judge: Ryu, Filed On: May 11, 2023, Case #: 3:21cv6067, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Sanctions, Discovery