29 results for 'judge:"Freeman"'.
J. Freeman dismisses securities claims for the third and final time from investors against AcelRx Pharmaceuticals who say the company tried to hide details over misleading marketing statements made about their painkiller drug, DSUVIA, that led to a warning letter from the FDA. Even after a few attempts to amend their claims, investors are unable to give any proof that the company was intentionally trying to mislead them. There is no evidence the company had a "mental state embracing intent to deceive," and in fact it appears they were working with the FDA to comply with their marketing concerns.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 7, 2024, Case #: 5:21cv4353, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Freeman denies a motion from Vidul Prakash, former CFO of a "Smart Window" company called View, to toss a complaint filed against him by the SEC. The SEC claims that the former CFO hid $28 million of warranty liabilities from investors and tried to downplay how much money the company owed to replace defective windows. The SEC has shown he had a responsibility to investors as CFO to ensure company liabilities were being reported correctly, a responsibility he did not honor.
Court: USDC Northern District of California, Judge: Freeman, Filed On: February 26, 2024, Case #: 5:23cv3300, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
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J. Freeman denies in large part a summary judgment motion against Zazzle, an online marketplace, regarding copyright claims from a creator of fonts of who says the website has been using her fonts without permission. While the creator prevails on a minor claim as to whether the marketplace consented to a series of website service terms for the fonts, the bulk of her summary judgment is denied due to lingering questions and conflicting expert testimony over whether her fonts are valid copyrights.
Court: USDC Northern District of California, Judge: Freeman, Filed On: January 9, 2024, Case #: 5:22cv4844, NOS: Other Fraud - Torts - Personal Property, Categories: Copyright
J. Freeman grants in part class certification in a privacy dispute with Google in which consumers say they were recorded without permission by Google Assistant devices. While certification on some of the privacy claims is denied due to a lack of "defined harms" on the record, certification is approved on the contract claims for consumers who purchased certain Google-made devices, such as the Google Home and Google Nest Hub.
Court: USDC Northern District of California, Judge: Freeman, Filed On: December 11, 2023, Case #: 5:19cv4286, NOS: Other Fraud - Torts - Personal Property, Categories: Privacy, Class Action, Contract
J. Freeman denies in part a motion to dismiss wrongful death claims against Santa Clara officials stemming from the suicide of an inmate at the Santa Clara County Jail. While some failure to train and other civil rights claims are tossed, it's plausible that jail policies, such as one that allowed decedent to be kept in a cell with "obvious hanging points," contributed to the death.
Court: USDC Northern District of California, Judge: Freeman, Filed On: October 31, 2023, Case #: 5:22cv4321, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
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. Freeman allows class claims to continue against HP from consumers who are suing over HP's all-in-one printers that will not scan or fax items when the device is low on ink, despite neither of those tasks requiring ink. The record suggests the problem is more than just a defect, and was in fact an intentional design choice from the company to push consumers to buy more ink. All of the fraud and contract-related claims may proceed as a result.
Court: USDC Northern District of California, Judge: Freeman , Filed On: August 10, 2023, Case #: 5:22cv3794, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action, Contract
J. Freeman denies the prisoners' motion to consider whether to seal neutral monitor reports in their suit alleging failures to provide adequate health care, accommodations for disabilities and protection from violence at the Monterey County Jail. The monitor reports and documents referring to them will be filed publicly with only limited redactions. Joint motions to file portions of the prisoners' enforcement motion and supporting evidence under seal are granted.
Court: USDC Northern District of California, Judge: Freeman, Filed On: July 21, 2023, Case #: 5:13cv2354, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
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
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. 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. 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
J. Freeman grants the smart-building company and its officers' motions to dismiss the investor's putative class action for securities fraud against them. The investor has not sufficiently alleged the statutory standing or loss causation required to bring a claim under Section 11 of the Securities Act, and the officers have sufficiently argued that a due-diligence affirmative defense applies. The investor also has not sufficiently shown that the company's statements of opinion were false under Section 11. He also as not shown that he has statutory standing for a claim under Section 12, standing, loss causation or solicitation under Section 14, or scienter or loss causation under Section 10, among other issues.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv6374, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
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