24 results for 'judge:"Gilliam"'.
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. 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. 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
J. Gilliam dismisses privacy claims against Western Union Financial Services and a handful of other financial service companies over allegations that the companies have turned over private financial records to the Department of Homeland Security without permission. Those bringing the suit have not shown they are "customers" of any of the companies, and as a result, largely lack standing to continue their claims or request relief. Only a single unfair competition claim is allowed to continue.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv7996, NOS: Other Statutory Actions - Other Suits, Categories: Unfair Competition, Privacy, Class Action
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J. Gilliam dismisses securities claims against Ardelyx from investors who say the company didn't disclose that its proposed new treatments for hyperphosphatemia were unlikely to get approval from the FDA. A review of all the documents and press statements put out by the company shows it was very open with investors about the uphill battle with its new treatments, even going so far as to tell investors that its clinical data could be too lackluster for the FDA to issue approval. As a result, there are no false statements or misrepresentations strong enough to support securities claims.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 18, 2024, Case #: 4:21cv5868, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Gilliam allows a single securities claim to survive against Tricida, a pharmaceutical company, over its proposed kidney disease drug Veverimer. Investors claim that the company misrepresented how well the drug was doing during clinical trials and didn't tell them soon enough that it was unlikely to get FDA approval, but the investors have not shown how the company's press statements and earnings calls were deliberately misleading. The only claim that survives is one based on the company's decision to cancel an advisory meeting under the guise of Covid-19 issues, when it appears to have been canceled because of word from the FDA that the drug's clinical trials were having major issues.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 11, 2024, Case #: 4:21cv76, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Gilliam allows some claims to proceed against Humboldt County and California's Social Services Department in a dispute over tribal foster care benefits. A former tribal youth and her tribe, the Bear River Band of Rohnerville Rancheria Tribe, claim that they have been denied certain extended foster care benefits that are intended to help youth transition out of foster care. The former youth and her tribe have a potentially tricky legal road ahead, as they have no standing to seek injunctive relief and their complaint leans too strongly on conclusory claims, but some damage and due process claims may proceed to the summary judgment stage to determine if extended foster care benefits have been improperly allocated.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 11, 2024, Case #: 4:23cv1809, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Native Americans
J. Gilliam Jr. allows a few narrow securities claims to proceed against C3, an AI software company, and Baker Hughes, an oil company, from investors who say the two companies entered into a software services agreement with each other without telling investors about certain sales issues or that it would result in a restructuring of C3's own salesforce. The bulk of the claims fail for not showing any proof of what exactly investors lost or what securities laws were violated during the software agreement. The only claims that proceed are those premised on the claim that investors were not fully informed on how much of Baker Hughes' salesforce was going to be involved in selling C3's software.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: February 22, 2024, Case #: 4:22cv1413, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
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. Gilliam Jr. allows claims to continue against Gravity Defyer Medical Technology from a class of consumers who say the company misrepresents the pain relief benefits of its shoes. The company has already been sued by the FTC for misrepresenting clinical study results regarding the pain relief benefits of its shoes, and at this stage it's reasonable that consumers would be duped by the company website that promises relief. Consumers have also properly shown that they would not have bought the shoes had they known the promises were false.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: September 8, 2023, Case #: 4:22cv5288, NOS: Other Fraud - Torts - Personal Property, Categories: Class Action, False Advertising
J. Gilliam Jr. denies in part a summary judgment motion from Microchip Technology and Atmel regarding class ERISA claims from former employees who say they were let go without good cause after a merger and offered reduced severance benefits. Two of the named plaintiffs in the suit signed waivers that preclude their ability to bring ERISA claims, but for the remainder of the class, it is not clear what waivers were signed or if they are enforceable. Summary judgment against the rest of the former employees is denied while both parties bring forward more evidence on the validity of the waivers.
Court: USDC Northern District of California, Judge: Gilliam Jr., Filed On: August 23, 2023, Case #: 4:16cv5544, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Class Action
J. Gilliam Jr. allows some false advertising claims to continue against L'Oreal over allegations that the company sells cosmetics products that appear to provide sunscreen protection for 24 hours, when they only last for two. There is a label on the products that tells consumers to reapply the product every two hours, but it's printed under a peel-back sticker that may not be immediately visible to a purchasing consumer. It's plausible that this could dupe a typical buyer.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: July 17, 2023, Case #: 4:22cv7609, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
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. Gilliam grants lead-plaintiff status to the union fringe benefit funds in a securities-fraud class action alleging that the online clothing company deceived investors in claiming that its new supplementary business model would not "cannibalize" its previous model. The retirement funds have a larger financial interest in the litigation than their competitor for the lead plaintiff spot, the New Mexico State Investment Council, and its claims are typical and adequate to represent the class.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: May 22, 2023, Case #: 4:22cv4893, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action