9th Circuit Affirms Dismissal Of Antitrust Class Action Over ITunes, IPods

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Sept. 3 affirmed a lower court's dismissal of a California woman's antitrust claims against Apple Inc. based on purported monopolization and supracompetitive prices in the digital music market (Stacie Somers v. Apple Inc., No. 11...

9th Circuit: Google's Data Captures Were Not Exempt Under Wiretap Act

SAN FRANCISCO - A California federal court did not err when it denied a motion to dismiss a class complaint against Google Inc. alleging violations of the Wiretap Act when, while capturing Street View photos, it collected data from unencrypted Wi-Fi networks, the Ninth Circuit U.S. Court of Appeals ruled...

Text Messengers Must Arbitrate Antitrust Claims, Federal Judge Rules

NEW YORK - Text message service companies alleging that wireless communication companies, a trade organization and aggregators conspired to restrain trade and monopolize the market for application-to-person (A2P) text messages must arbitrate their federal antitrust claims, a federal judge in New York...

Unfair Competition Class Action Against Skype Reinstated By Appeals Court

LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's...

Delaware Federal Judge Dismisses Privacy MDL Over Google's Cookie Placement

WILMINGTON, Del. - A Delaware federal judge on Oct. 9 granted three dismissal motions by defendants in a multidistrict consolidated privacy litigation accusing Google and other companies of "tricking" users' Internet browsers into accepting "cookies," which allowed the defendants...

Judge: Presidential Directive Not An Agency Record, Not Subject To FOIA Request

WASHINGTON, D.C. - A privacy public interest organization saw its claims related to certain government documents requested under the Freedom of Information Act (FOIA) mostly dismissed Oct. 21 by a District of Columbia federal judge who determined that a National Security Presidential Directive (NSPD...

Credit Card Suit Against Nordstrom Can Continue, Federal Judge Rules

SACRAMENTO, Calif. - A federal judge in California on Oct. 22 refused to dismiss a putative class action alleging that Nordstrom Inc. violated the Song-Beverly Credit Card Act of 1974 by requesting customers' email addresses to send unsolicited marketing materials, predicting that the California...

Settlement In Suit Over Ownership Of Virtual Land Granted Preliminary Approval

OAKLAND, Calif. - A California federal magistrate judge on Oct. 25 granted preliminary approval of a class action settlement in a dispute filed by Internet virtual world participants over "ownership" of virtual land and items (Evans, et al. v. Linden Research, Inc., et al., No. 11-1078, N.D...

High Court Declines To Hear Appeal Over Facebook Beacon Privacy Settlement

WASHINGTON, D.C. - In its Nov. 4 order list, the U.S. Supreme Court denied certiorari in a petition regarding the settlement of a privacy class action over Facebook Inc.'s short-lived "Beacon" program, with Chief Justice John Roberts noting that although there are "fundamental concerns"...

3rd Circuit Partly Vacates Dismissal Of Consumer Action Against Restaurant.com

PHILADELPHIA - In light of a ruling by the New Jersey Supreme Court that found certificates bought at www.restaurant.com to be "consumer contracts" and subject to the regulations of New Jersey's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA), a Third Circuit U.S. Court of Appeals...

Putative Class Action Filed Over Adobe Systems Security Breach

SAN JOSE, Calif. - A graphic designer filed a putative class action against Adobe Systems Inc. in California federal court on Nov. 11, leveling claims of unfair business practices and breach of contract related to a massive security breach that the software giant recently experienced (Christina Halpain...

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Apple Seeks Dismissal Of States' Damages Action In E-Books Conspiracy Litigation

NEW YORK - Apple Inc. on Nov. 15 moved to dismiss an action by the attorneys general of several states which alleges that Apple conspired with publishers to fix prices of electronic books, arguing that the district court lacks subject-matter jurisdiction over the states' damages action against Apple...

Judge Dismisses Privacy, Unfair Competition Class Action Over IPhone Apps

SAN JOSE, Calif. - The named plaintiffs in a putative class action against Apple Inc. failed to establish their standing under Article III of the U.S. Constitution or two California statutes, a California federal judge found Nov. 25, disposing of their claims related to Apple's purported collection...

Judge Again Finds IPhone Owners Lack Standing To Bring Antitrust Claims

OAKLAND, Calif. - For the second time, a California federal judge on Dec. 2 dismissed a putative antitrust class action against Apple Inc., finding that the plaintiff consumers failed to establish standing as direct purchasers to assert antitrust violations related to Apple's sale of iPhone applications...

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...

11th Circuit Upholds Rejection Of Suit Over Travel Companies' Tax Collection

ATLANTA - More than 250 Georgia cities and counties failed to prove that online travel companies (OTCs) collected excess taxes and now owe the localities back taxes, the 11th Circuit U.S. Court of Appeals ruled Dec. 13, also upholding a district court's sanctions ruling against the class of localities...

Federal Circuit Partly Reverses Calculation Of Costs In Patent Case

WASHINGTON, D.C. - A Georgia federal judge erred in an interpretation of 28 U.S. Code Section 1920(4), the statutory provision governing the taxation of costs, when he ordered a plaintiff to pay $49,824.60 to one defendant and $268,311.12 to another, the Federal Circuit U.S. Court of Appeals ruled Dec...

DOJ Opposes Apple's Motion To Stay Injunction In E-Books Conspiracy Litigation

NEW YORK - The U.S. Department of Justice and several states on Dec. 30 opposed Apple Inc.'s motion requesting a stay of the appointment of an external compliance monitor pending Apple's appeal to the Second Circuit U.S. Court of Appeals of a ruling that Apple conspired with publishers to fix...

9th Circuit Denies Rehearing In Google Data Capture Suit

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 27 granted in part a petition for rehearing filed by Google Inc. in a class suit over its data collection from unencrypted Wi-Fi networks while capturing Street View photos; however, the panel's amended opinion still affirmed that the...

Facebook Sued Over Scanning Of Users' Private Messages

OAKLAND, Calif. - Two Facebook Inc. users filed a putative class action against the social networking giant on Dec. 30, alleging federal and state law violations springing from Facebook's purported reading and analyzing of users' private messages for the purpose of providing targeted advertising...

Yelp Ordered To Comply With Subpoena To Identify Negative Online Reviewers

ALEXANDRIA, Va. - A trial court acted in accordance with Virginia law governing the "unmasking" of anonymous Internet speakers, the majority of a Virginia Court of Appeals panel held Jan. 7, affirming the lower court's order compelling Yelp Inc. to comply with a subpoena duces tecum by...

Judge Refuses To Disqualify Monitor Or Grant Stay In E-Books Case; Apple Appeals

NEW YORK - A federal judge in New York on Jan. 16 rejected Apple Inc.'s argument that the external compliance monitor the judge appointed after ruling that Apple conspired with publishers to fix prices of electronic books should be disqualified and denied Apple's motion requesting a stay of the...

Discovery Of Doe Website Operators Permitted In Rapper's Virtual Currency Case

NEW YORK - Musician Kanye West can serve immediate discovery requests to learn the identities of the operators of websites offering virtual currency that he says infringe federal trademarks in his name, a New York federal judge ruled Jan. 17, granting the rapper's ex parte application to take immediate...