290 results for 'court:"USDC Southern District of California"'.
J. Curiel rules that a former employee may pursue invasion of privacy claims against his former employer for requiring his medical and religious information so that he could obtain an exemption for the employer's mandatory Covid-19 vaccine policy. "While reporting whether one has received the Covid vaccines" to Human Resources has a fairly minimal impact on an individual's privacy interests, "disclosing medical or religious information to obtain an exemption" may have a larger implication on privacy interests.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 5, 2024, Case #: 3:23cv580, NOS: Employment - Civil Rights, Categories: Employment, Privacy, Covid-19
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J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Major partly grants a civilian's motion to compel production of a police officer's personnel files after he performed a leg sweep on him, which resulted in a shattered eye socket. Although the files may contain some irrelevant information, the production of 300 pages is not disproportionate to the needs of the case. Furthermore, the officer's privacy concerns do not outweigh the civilian's need for the requested information, especially given that certain identifying information can be redacted.
Court: USDC Southern District of California, Judge: Major, Filed On: March 29, 2024, Case #: 3:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Sabraw rules an employee may pursue failure to accommodate claims against Amazon related to his "bow-legged gait." The employee has sufficiently alleged that his manager insisted that there was no way to accommodate what the manager referred to as the employee's "obvious disability" and "limp," leading Amazon to determine that it could no longer provide him a temporary accommodation due to the "peak season" and subsequently placed the employee on a leave of absence.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: March 29, 2024, Case #: 3:22cv1275, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Simmons grants a digital bank's motion to compel arbitration against a borrower who claims the bank failed to protect her and other borrowers from cybercriminals. Although the borrower submitted her loan application through a portal hosted by Wisetack and agreed to Wisetack's terms of service, which included an arbitration clause, the borrower's claims against the online bank are "intimately founded in and intertwined with" the underlying contract. Therefore, the doctrine of equitable estoppel applies and the bank may enforce Wisetack's arbitration agreement as a non-signatory party.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:23cv813, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Privacy, Contract
J. Simmons partly grants the consumers' motion for class certification concerning consumer protection and warranty claims against a supplement company and its "natural remedies" Sambucol product, which allegedly includes "unreported dietary" ingredients that may be illegal. While California and Missouri subclasses are certified, certification for the proposed nationwide classes is denied.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:21cv137, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty, Class Action
J. Montenegro grants Trader Joe's motion to dismiss some claims in a class action alleging that Trader Joe's dark chocolate products contain lead, cadmium and arsenic, which are not printed on the label. Although the consumers "may not be able to pinpoint a specific level at which these products would become an unreasonable safety hazard or unfit for human consumption, they have to at least provide some connection between the general harms possible from these heavy metals and the levels of heavy metals in these products."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: March 27, 2024, Case #: 3:23cv61, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Schopler partly grants the homeowners' motion for summary judgment on their claims of failure to defend and indemnification against the insurer for a renovation company that damaged the homeowners' duplex during a remodel. The homeowners sufficiently show that their duplex is in fact a two-unit apartment and damage caused to apartments is covered under the insurance company's policy with the renovation company.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 25, 2024, Case #: 3:22cv1221, NOS: Insurance - Contract, Categories: Insurance, Indemnification
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. Huff dismisses the four mothers' claims that their religious beliefs prohibit them from vaccinating their children, so California's compulsory vaccination law requiring all students to receive vaccinations to attend school violates their rights under the Free Exercise Clause of the First Amendment. The law is neutral and its passage was not motivated by religious animosity. The state has an interest in protecting the health and safety of students and the public at large.
Court: USDC Southern District of California, Judge: Huff, Filed On: March 25, 2024, Case #: 3:23cv2012, NOS: Other Civil Rights - Civil Rights, Categories: Education, First Amendment
J. Goddard denies a monetization technology company's motion for summary judgment concerning a digital media's contract claims. The digital media company is a citizen of the foreign state of Canada and there is no citizen of any state on the technology company's side. "With aliens on both sides of the case, and no party with U.S. citizenship on Zeetogroup's side, the law is well-established that diversity jurisdiction cannot lie."
Court: USDC Southern District of California, Judge: Goddard, Filed On: March 25, 2024, Case #: 3:22cv1396, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
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
J. Anello finds that the healthcare system improperly removed a privacy class action under the federal officer removal statute. The private healthcare system's "mere compliance with federal law, rules and regulations is insufficient to invoke federal officer removal." Its participation in a federal program that incentivizes and directs healthcare providers to promote access to medical records online is voluntary and the healthcare system does not argue that it acted as the government's agent when it embedded a tracking tool on its website.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 19, 2024, Case #: 3:22cv2040, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Jurisdiction