276 results for 'court:"USDC Northern District of California"'.
J. Chesney dismisses trademark claims against Reddit brought by a user who started the “WallStreetBets” subreddit and subsequently tried to trademark “WallStreetBets.” The user claims Reddit suspended his account for attempting to monetize the community and then filed its own paperwork to register the “WallStreetBets” mark. His claims fail because Reddit is the one providing the online forum where that phrase is being used in the first place, and the mark is also simply not famous enough to warrant any special protections.
Court: USDC Northern District of California, Judge: Chesney, Filed On: July 11, 2023, Case #: 3:23cv686, NOS: Trademark - Property Rights, Categories: Trademark
J. Corley rejects the Federal Trade Commission’s request for a preliminary injunction to block Microsoft’s $69 billion plan to purchase Activision Blizzard. The FTC fails to prove that it is likely it will prevail on its claim that the vertical merger may substantially lessen competition in the console, library subscription services or cloud gaming markets. While the merger “deserves scrutiny,” the evidence presented shows no incentive for Microsoft to foreclose Call of Duty from Sony PlayStation.
Court: USDC Northern District of California, Judge: Corley , Filed On: July 10, 2023, Case #: 3:23cv2880, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Van Keulen finds in favor of San Jose officers and officials in a civil rights case brought by an individual who says police, while investigating a domestic dispute, hauled him out from a shed while a police dog was biting down on his ankle, leaving him with injuries that required surgery. The actions of the officers fall in the "hazy border" between acceptable and unacceptable force, but ultimately the individual has not carried his burden to show that a reasonable officer would know that the duration of the dog bite was unconstitutional.
Court: USDC Northern District of California, Judge: Van Keulen , Filed On: July 7, 2023, Case #: 5:21cv7838, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Freeman dismisses securities claims against AcelRx Pharmaceuticals that alleged the company made misleading claims about the risks and benefits of its opioid drug, Dsuvia. While the company was slapped with a warning by the FDA regarding some of its advertising, there is no proof the company tried to falsify any data or studies to the FDA. The company ultimately complied with FDA regulations and provided its advertising materials for review.
Court: USDC Northern District of California, Judge: Freeman , Filed On: July 7, 2023, Case #: 5:21cv4353, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Alsup allows patent claims to continue in a dispute between the makers of Invisalign and a remote dentistry company. The remote company says the Invisalign Virtual Care platform infringes on its remote orthodontics patents, and there are just enough similarities in the testing and platform procedures for the claims to survive a dismissal motion.
Court: USDC Northern District of California, Judge: Alsup, Filed On: June 30, 2023, Case #: 3:22cv7335, NOS: Patent - Property Rights, Categories: Patent
J. Westmore grants a motion from Alameda officials and the University of California to dismiss most civil rights claims brought by an individual who was subjected to a search warrant while he was attending the university. The individual claims a rifle was pointed in his face despite complying with commands during the home search and that his mother had cuffs put on so tight they injured her wrists. While false arrest claims against a single official in the dispute pass muster, the remainder of them are poorly pled and are too conclusionary to survive.
Court: USDC Northern District of California, Judge: Westmore, Filed On: June 29, 2023, Case #: 4:22cv4298, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Orrick grants in large part a motion from the United States and several postal service workers to dismiss civil rights claims brought by a company that says four of its packages containing masks with political messages were seized and searched without good cause. It has not been plausibly shown that the post office workers knew about the business or were trying to purposefully interfere with the mask products. But the packages were searched without a warrant, so a trespass claim may continue.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 29, 2023, Case #: 3:22cv3195, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Orrick allows some claims to continue in a patent dispute where a solar company alleges a competitor has infringed on its solar panel products. It is plausible at this stage that the company being sued has been aware of its potential infringement since October 2017, but continued to direct its laboratories to test the products using specifications that infringe on patents owned by Tigo Energy.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 28, 2023, Case #: 3:23cv762, NOS: Patent - Property Rights, Categories: Patent
J. Hixson allows some discrimination claims to continue from a former teacher of Hebrew at the Deference Language Institute who says he was denied positions due to his race and religion. While several of his claims relating to conduct taking place before summer of 2021 are dismissed for being too vague, claims based on instances later in the year where two white, secular employees were given positions over him despite being less qualified can proceed.
Court: USDC Northern District of California, Judge: Hixson, Filed On: June 26, 2023, Case #: 3:22cv4365, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination
J. District allows a single civil rights claim for ratification to continue against the City of San Jose from a man who says a police dog clamped down on his neck during an arrest without good cause. The city’s acting chief of police at the time deemed the officers’ actions “objectively reasonable” and “within policy.” Because the individual has plausibly alleged that the acting police chief had been delegated the relevant final policymaking authority, he has sufficiently alleged ratification by a final policymaker.
Court: USDC Northern District of California, Judge: Freeman , Filed On: June 26, 2023, Case #: 5:22cv758, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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. Chen grants summary judgment in favor of San Francisco after a former assistant DA for the city says he was fired because of his age and that the city filed a complaint against him with the state bar without good cause. The city has shown he was fired due to poor performance and complaints the former employee received, and the city had every right to bring evidence of his poor conduct to the state bar.
Court: USDC Northern District of California, Judge: Chen, Filed On: June 15, 2023, Case #: 3:21cv8955, NOS: Employment - Civil Rights, Categories: Employment
J. Labson Freeman grants a motion to dismiss most claims against Google from consumers who say they were promised they could use the Google App productivity tools for free, only for Google to suddenly start charging them. The bulk of the claims are dismissed with leave to amend because the consumers continued to make voluntary payments to Google for the services, as well as the fact that they have not pointed an available remedy for their claims.
Court: USDC Northern District of California, Judge: Labson Freeman , Filed On: June 15, 2023, Case #: 5:22cv4547, NOS: Other Contract - Contract, Categories: Consumer Law, Class Action
J. Breyer grants Dish Network's request for summary judgment in its dispute with a set-top box company over copyright claims that the company was providing channels that are exclusive to Dish. The company knew about its infringement but continued to make money off it anyway, so Dish prevails on all of its claims. Additional briefing is needed to determine whether Dish is entitled to statutory damages and, if so, how these calculations should be made.
Court: USDC Northern District of California, Judge: Breyer, Filed On: June 13, 2023, Case #: 3:20cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Gilliam Jr. grants final approval to a $155,000 settlement with SoFi Lending over claims that it engaged in lending discrimination against non-U.S. citizens. The terms appear fair and reasonable and include $300,000 in attorney fees. Although the fees are almost double the settlement amount, they are fair given the lending practice changes that the legal team helped broker.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: June 8, 2023, Case #: 4:20cv3386, NOS: Other Civil Rights - Civil Rights, Categories: Settlements, Banking / Lending, Attorney Fees
J. Orrick declines to dismiss class claims against Saraya USA from consumers who say the company misrepresents their granola products as being mostly sweetened by monk fruit. Consumers say the products are instead mostly sweetened by erythritol, a sugar alcohol. Given that the packaging for the products also contains phrases like "sugar free" or "no sugar added," it's reasonable at this stage to infer that buyers are being misled.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 5, 2023, Case #: 3:22cv5232, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
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. Freeman grants summary judgment to the employers in their employee's suit alleging that they failed to compensate him and other insurance adjusters for the full hours worked because they compensated adjusters for hours billed to clients, rather than actual hours worked, improperly classified adjusters as exempt and failed to provide proper breaks and reimburse adjusters for mileage. The employee was properly classified as an exempt administrative employee, no dispute of material fact remains as to whether he was properly reimbursed for mileage in a lump-sum payment, and the employee has not shown that his wage statements were in any way inaccurate nor that he is owed wages following his resignation. A state-law claim alleging unfair and unlawful business practices is derivative of those other claims, and the court declines to exercise supplemental jurisdiction under the California Private Attorneys General Act.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv819, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction, Labor