289 results for 'court:"USDC Northern District of California"'.
J. Orrick dismisses the bulk of class copyright claims against the makers of the AI software Stable Diffusion from a class of artists who say the company trained the AI on their works without permission. The artists' claims are "defective in numerous respects" and too conclusionary to survive, offering up no concrete facts on how their works were used to create AI-generated fakes. A single direct infringement claim by one of the artists is allowed to proceed, while the rest are dismissed with leave to amend.
Court: USDC Northern District of California, Judge: Orrick, Filed On: October 30, 2023, Case #: 3:23cv201, NOS: Other Contract - Contract, Categories: Copyright, Class Action
J. Corley allows the bulk of claims to continue against the maker and some distributors of EzriCare eyedrops that left a man blinded in one eye. The claims properly allege that the maker had a duty to test the drops to make sure they were safe, but failed to do so. Claims against Amazon also proceed on the idea that, as a seller, it "cosigned" on the eyedrop products.
Court: USDC Northern District of California, Judge: Corley, Filed On: October 30, 2023, Case #: 3:23cv1632, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Pitts declines to dismiss claims in a trademark dispute between two real estate companies that use similar marks and branding. One of the companies, Realmark Holdings, moved to toss the suit on a number of grounds, ranging from improper venue to failure to state a claim, but the court has jurisdiction to hear the case and there are enough factual disputes that merit the case moving forward.
Court: USDC Northern District of California, Judge: Pitts, Filed On: October 26, 2023, Case #: 5:23cv3275, NOS: Trademark - Property Rights, Categories: Trademark
J. Corley denies a request for a preliminary injunction against the federal government regarding claims from a biologist that flood releases from the Coyote Valley Dam into the Russian River are harming local populations of salmon. The biologist has not only shown failed to show how serious harm will befall the local salmon if the flood releases continue, but has also put forward an injunction request that is unreasonable for the government to work around and is unlikely to fix any of the alleged issues stemming from the dam's operations.
Court: USDC Northern District of California, Judge: Corley, Filed On: October 23, 2023, Case #: 3:22cv6143, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency, Injunction
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J. Chen finds that the San Francisco Bay Area city of San Rafael can enforce restrictions on the size and locations of homeless encampments in the city, but can only do so if it modifies its original anti-camping ordinance to be less restrictive. "While the city is permitted to break up the encampment at issue, the city must allow 400-square-foot encampments, housing up to four people, and may impose a 100-foot buffer between campsites instead of 200-foot butter. The city must also ensure there is a process clearly identifying permissible sites and an orderly process by which such sites may be allocated or claimed."
Court: USDC Northern District of California, Judge: Chen, Filed On: October 19, 2023, Case #: 3:23cv4085, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Kim finds partially in favor of pretrial detainees at a San Bruno jail over claims that they were deprived of access to direct sunlight. While the detainees cannot prevail on their claims that they were subjected to unfair cell schedules as a result of Covid-19, their Fourteenth Amendment rights were violated by not being provided sunlight opportunities. The jail is ordered to begin providing sunlight options to the detainees every day for at least 15 minutes.
Court: USDC Northern District of California, Judge: Kim, Filed On: October 17, 2023, Case #: 3:19cv2724, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. White finds that a misleading marketing class action against Arizona Beverages must remain in California, even as the popular drink company seeks judgment on similar claims in a Missouri court. While both cases’ allegations and legal theories are essentially the same, there are no pending claims for relief on behalf of California consumers in the Missouri litigation. Because Arizona has already filed a motion for judgment in the Missouri case, it is unlikely that an additional amendment to expand claims on behalf of the putative “Nationwide Class” is forthcoming.
Court: USDC Northern District of California, Judge: White, Filed On: October 13, 2023, Case #: 4:22cv9108, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Jurisdiction
J. Freeman allows class fraud and consumer law claims to proceed against Bayer Healthcare Pharmaceuticals over their IUD device, Mirena, due to the product allegedly causing an increase in the risk of breast cancer for its users. There is evidence the company was aware of study data going back to 2015 that the devices posed significant breast cancer risks, but kept the knowledge of those dangers from the public.
Court: USDC Northern District of California, Judge: Freeman , Filed On: October 5, 2023, Case #: 5:22cv1603, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, 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. Martinez-Olguin allows some claims to continue against the West Contra Costa School District from a former student who says she was sexually abused by her teacher. The complaint alleges that the principal of the school at the time saw inappropriate touching from the teacher in the classroom, but didn't take any action. The student also alleges that, while talking to the principal, she referred to the teacher as her "girlfriend" and the principal's response was to "pretend she didn't hear that." This is sufficient to allege deliberate indifference by the school district.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: September 28, 2023, Case #: 3:22cv3233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education
J. Tigar allows some claims to continue against Gilead in an ongoing dispute over the company's drugs that contain tenofovir disoproxil fumarate, or TDF, that allegedly causes severe kidney and bone damage. Roughly 75 cases and 3,000 plaintiffs from across the country have been consolidated into this case, and while Gilead prevails on some labeling and fraud claims, the drug maker has failed to show that a jury could not potentially find that its TDF drugs were defectively designed.
Court: USDC Northern District of California, Judge: Tigar, Filed On: September 28, 2023, Case #: 4:18cv6972, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Product Liability, Warranty
J. Gilliam Jr. allows some civil rights claims to continue against Arcata officials stemming from an incident where police fatally shot a man in the back of the head while responding to reports of decedent acting strangely while walking around with a holstered gun and a briefcase. Decedent's estate sufficiently alleges that two of the officers' conduct was "outrageous," with one of the officers reportedly saying they were "just going to unload on him." Fellow officers allegedly had the chance to intervene in the shooting but did not do so, so the bulk of the claims proceed.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: September 26, 2023, Case #: 4:22cv4804, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Corley finds in favor of Qualcomm, a computer chip maker, in a multi-district dispute where consumers allege the company used its position in the market to hinder competition and raise prices for handheld devices. After a series of appeals and similar claims from the FTC that were ultimately rejected, only unfair competition claims remain. The company prevails on these claims due to consumers being unable to show that any exclusive dealings with big tech companies like Apple and Samsung resulted in actual damages to buyers.
Court: USDC Northern District of California, Judge: Corley , Filed On: September 26, 2023, Case #: 3:17md2773, NOS: Antitrust - Other Suits, Categories: Antitrust, Unfair Competition
[Consolidated.] J. Ryu allows some civil rights and wrongful death claims to continue against Alameda officials stemming from the death of a man that asphyxiated after officers handcuffed him and placed their weight on him for several minutes. The city provides no argument for why decedent was detained for possible theft after investigation of that offense had ceased. Also, a reasonable jury could find that keeping decedent pinned down while handcuffed for nearly four minutes until he became unresponsive constituted lethal force.
Court: USDC Northern District of California, Judge: Ryu, Filed On: September 25, 2023, Case #: 4:22cv718, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Beeler dismisses class claims against Evolve, an online vacation-rental company, that allege the company discriminates against non-U.S. citizens by only working with U.S. and Canadian customers. The company has its headquarters in Colorado and has done nothing to specifically target California, so the claims are tossed for lack of personal jurisdiction.
Court: USDC Northern District of California, Judge: Beeler, Filed On: September 21, 2023, Case #: 3:22cv6103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction, 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. Seeborg dismisses contract claims brought by a pair of commercial real estate companies alleging that the bank backtracked on a promise to give them a $6.6 million loan. The claims have already been dismissed once before for failure to state a claim, and the same is true for the amended complaint. The bank may have offered reassurances and encouragement about their loan, but stopped short of outright promising that a loan was incoming. Contract claims cannot survive on reassurances alone.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: September 19, 2023, Case #: 3:22cv5033, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract