16 results for 'judge:"Tigar"'.
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. Tigar allows some claims to move forward against Telsa from car owners who say the company released software updates to reduce the battery life of Model S and X Tesla vehicles. The unfair competition claims fail for not showing how Tesla plans to continue these practices in the future or that Tesla broke through security measures to get its updates downloaded. The remaining claims survive because the consumers plausibly allege that Tesla intentionally released a series of software updates that resulted in immediate battery degradation.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 20, 2024, Case #: 4:23cv2321, NOS: Other Statutory Actions - Other Suits, Categories: Vehicle, Unfair Competition, Class Action
J. Tigar grants class certification and puts in place a preliminary injunction in a civil rights dispute with San Francisco over the Sheriff's office's use of electronic monitoring practices for criminal defendants on pretrial release. A four-way search provision that allows an officer to search a pretrial releasee and their property upon encountering them without a warrant, as well as a data sharing rule that lets the Sheriff's office share GPS ankle monitor data with other agencies, could pose unlawful privacy risks that have not been proven to be necessary. The practices are barred from being enforced while the dispute plays out.
Court: USDC Northern District of California, Judge: Tigar, Filed On: February 13, 2024, Case #: 4:22cv5541, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Privacy, Class Action
J. Tigar dismisses most securities claims against Volta, an electric car charging station company, from investors who say that the company covered up flaws in its business model in order to push a merger with Tortoise Acquisition. While investors prevail on the issue of whether some of the company's challenged statements and figures are protected by the safe harbor doctrine, the bulk of the claims are tossed for not proving that the company was intentionally misleading investors by feeding them false data.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 26, 2024, Case #: 4:22cv2055, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
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J. Tigar allows a few damages claims to continue against OpenAI and Microsoft from a class of coders who say the companies use AI tools and software, such as Copilot, that infringe on their coding. The damages claims have the standing needed to proceed in regards to some of the unnamed coders bringing the suit, but all of their state law claims for unjust enrichment and negligence are tossed for being preempted by the Copyright Act.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 22, 2024, Case #: 4:22cv6823, NOS: Other Contract - Contract, Categories: Copyright, Class Action, Contract
J. Tigar finds in favor of Netflix regarding patent claims from a former CEO of a Finnish company that claimed Netflix was infringing on his data communications networks patent. The former CEO's claims that he has ownership of the patent under Finnish common law are irrelevant, because under U.S. patent laws the patent in dispute has been abandoned and he lacks standing to pursue any of his claims.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 8, 2024, Case #: 4:22cv1490, NOS: Patent - Property Rights, Categories: Patent
J. Tigar allows some claims to continue against Gilead in an ongoing dispute over the company's drugs that contain tenofovir disoproxil fumarate, or TDF, that allegedly causes severe kidney and bone damage. Roughly 75 cases and 3,000 plaintiffs from across the country have been consolidated into this case, and while Gilead prevails on some labeling and fraud claims, the drug maker has failed to show that a jury could not potentially find that its TDF drugs were defectively designed.
Court: USDC Northern District of California, Judge: Tigar, Filed On: September 28, 2023, Case #: 4:18cv6972, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, Product Liability, Warranty
J. Tigar dismisses privacy claims against Home Depot from a class of consumers who say the chat feature used on the company's website records conversations without permission. The consumers' claims are based on conclusory allegations that do not prove evidence of injury or actual interception of the conversation. The third parties utilized by Home Depot were merely a tool used to record the conversations and there is no evidence that these third parties can use the information for any other purposes than to relay it to Home Depot.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 30, 2023, Case #: 4:23cv995, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Privacy, Class Action
J. Tigar grants the consumer's motion to voluntarily dismiss her putative class action against the restaurant chain alleging that it serves tuna products that are not actually made with tuna, or not 100% tuna, and denies the chain's motion for sanctions. While the consumer's counsel's failures to meet deadlines and serve expert disclosure and file supplemental materials and submission of an untimely and false declaration regarding a failure to comply with deadlines, among other conduct issues, were "blameworthy," they do not demonstrate recklessness or bad faith.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 4, 2023, Case #: 4:21cv498, NOS: Other Fraud - Torts - Personal Property, Categories: Sanctions, Consumer Law, Class Action
J. Tigar grants summary judgment to the asylum-support organizations in their suit seeking to overturn a rule which applies a presumption of asylum ineligibility to noncitizens who travel through a country other than their home country before entering the United States from Mexico. The rule is contrary to law because its presumption is based on criteria that Congress expressly intended should not affect access to asylum when passing the relevant law. It is also arbitrary and capricious, since it relies on the availability of other pathways for migration to the United States and explains the scope of its exceptions by reference to the availability of other, often unavailable exceptions.
Court: USDC Northern District of California, Judge: Tigar, Filed On: July 25, 2023, Case #: 4:18cv6810, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration