19 results for 'judge:"Orrick"'.
J. Orrick dismisses all civil rights claims from U.S. News against the San Francisco Attorney's Office over subpoenas that the office issued to the news agency looking for information related to what methodologies it used to rank the hospitals in the United States. U.S. News says the subpoenas infringe on its First Amendment rights. The attorney's office, having voiced concerns that the news agency might be in violation of California code regarding its ranking activities, has a legal interest in the information and any claims from the agency that the subpoenas will quell its free speech are speculative and without merit.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 7, 2024, Case #: 3:24cv395, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
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. grants final approval to a $45 million settlement between consumers and Altria Group in a class action over the marketing and sales of JUUL products, which consist of electronic cigarettes and nicotine packs, to minors. This settlement follows a settlement with JUUL Labs for $255 million. Although attorney fees have not yet been decided, “the amounts requested do not undermine the court’s conclusions that the Altria class settlement is as a whole fair and reasonable.”
Court: USDC Northern District of California, Judge: Orrick, Filed On: March 14, 2024, Case #: 3:19md2913, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Settlements, Product Liability, Class Action
J. Orrick denies Meta's request to dismiss class privacy claims over pixel tracking technology that web users say Meta has been installing in various websites in order to collect private medical data from users. The case is one of many similar ones around the country over the same issue, and Meta's defense that it was just a "passive" recipient of the private information is not enough to shield the company. The class has properly alleged that Meta aggressively targeted different websites to be potential clients for the pixel tracking tool.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 12, 2024, Case #: 3:23cv4784, NOS: Other Fraud - Torts - Personal Property, Categories: Unfair Competition, Privacy, Class Action
J. Orrick dismisses civil rights claims from Barry Gilton, who claims that San Francisco officials made up evidence to convict him of being involved in the murder of Calvin Sneed, of which he was eventually acquitted. His complaint is supported by largely circumstantial evidence and does not show that he was prosecuted without probable cause. Gilton's prior experiences with Sneed regarding troubles with his daughter, as well as Gilton's known connections to the gang involved in the killing, all gave prosecutors enough probable cause to indict Gilton.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 8, 2024, Case #: 3:22cv7697, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
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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. Orrick allows class claims to continue against Meta from consumers who say the Meta Pixel tech allows the social media company to intercept and monetize confidential medical information. Several of the claims, such as contract and unjust enrichment claims, may proceed on grounds that Meta appears to have known about the transfer of sensitive information but did little to improve its tech's filters or show why the transfer was necessary for its advertising goals. A series of other trespass and privacy claims are tossed with a leave to amend.
Court: USDC Northern District of California, Judge: Orrick, Filed On: September 7, 2023, Case #: 3:22cv3580, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Privacy, Class Action, Contract
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. 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. Orrick partially grants the pet-food maker's motion to dismiss a class action complaint alleging that it did not properly disclose potentially detrimental ingredients in its dog and cat food. The pet owner has adequately pleaded standing to bring her claims, and the food maker has not adequately shown that the alleged misrepresentations were not actionable as either fraud or negligent misrepresentation. She lacks standing, however, to represent consumers who might bring state-law claims in states other than California.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 22, 2023, Case #: 3:22cv6913, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action
J. Orrick grants the employer's motion to compel arbitration of all but one claim brought by its former employee related to allegations that it failed to pay non-exempt workers for time spent on Covid-19 screening before shifts. A claim brought under California's Private Attorneys General Act is not subject to arbitration, and so is stayed pending guidance from the state Supreme Court. The employee's other claims are subject to an arbitration agreement, since she has not shown that it was unenforceable.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 11, 2023, Case #: 3:23cv342, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Covid-19