285 results for 'court:"USDC Northern District of California"'.
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
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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
J. White allows some securities claims to survive against HP from investors who say the company was not fully transparent on the health of its supplies-centric business arm, which largely revolves around the selling of ink and toner. The company told investors that its supplies business was healthy and that any downward trends were for reasons outside the company's control, but investors say these statements undersold how badly its ink and toner market was suffering. While not all of the company statements are actionable or blatantly misleading, there is just enough on the record to show that investors could have been misled, allowing misrepresentation claims to survive to the next stage.
Court: USDC Northern District of California, Judge: White, Filed On: March 27, 2024, Case #: 4:20cv7835, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Seeborg grants summary judgment on the last remaining claims in a contract dispute between guitarist Craig Chaquico and the band Jefferson Starship over Chaquico's royalties. After several proceedings over the years, the only issues remaining are an accounting claim against the band for financial documents and a counterclaim from the band over royalty cost deductions. The band prevails on both, as a 1991 termination agreement allows the band to deduct costs and expenses from Chaquico's royalties and he has already received all the accounting documents to which he is entitled.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: March 25, 2024, Case #: 3:22cv4907, NOS: Other Contract - Contract, Categories: Contract
J. Breyer dismisses claims from X Corp, formerly Twitter, alleging that the nonprofit published data on how much harmful content is on X in order to stop advertisers from working with the platform, which X claims cost it tens of millions in lost ad revenue. X Corp has not shown how the watchdog group is responsible for any alleged lost revenue stemming from the published data and its claims appear to be aimed only at "punishing" the nonprofit for its free speech.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:23cv3836, NOS: Other Contract - Contract, Categories: Anti-slapp, Privacy, Contract
J. Pitts allows several class action claims to proceed against Meta from consumers who say the social media company collected their personal tax data without permission using tracking tools on a handful of popular tax preparation websites. While several theft and theft-related claims are tossed due to the class not meeting the definition of "customers" under the law, many of their negligence claims survive. There are still several factual disputes over whether consumers were properly warned on the tax filing websites that Meta was using their sites to collect financial data.
Court: USDC Northern District of California, Judge: Pitts, Filed On: March 25, 2024, Case #: 5:22cv7557, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Breyer dismisses all claims from a resident who says the housing commission wrongfully denied her call for help in purchasing a home under a federal housing program that lets local housing groups help low-income families with buying a home. The program allows for "vast discretion" on what benefits are offered to whom, and there is no evidence the local housing commission violated that discretion. In fact, the commission has already helped the resident by offering her rental assistance.
Court: USDC Northern District of California, Judge: Breyer, Filed On: March 25, 2024, Case #: 3:22cv6827, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Gilliam allows claims to proceed against LinkedIn from users who say the company uses its control over the professional networking market to force users to spend more on its "LinkedIn Premium Career" services. There is enough on the record at this stage to properly allege that the company has almost “no competitive check" against what kind of prices it can set for its premium services. As a result, the court is also lifting a previously issued stay on discovery so that the case can proceed to the next stage.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv237, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery