LOS ANGELES - Following a bench trial, a California judge on Feb. 4 entered judgment in favor of the defendant in a suit accusing a distributor of polyethylene products of falsely advertising that its products meets the Department of Defense's (DOD) specifications and violating, among other things, the state's unfair competition law (UCL) (Caltex Plastics Inc. v. Elkay Plastics Company Inc., No. 12-10033, C.D. Calif.; 2015 U.S. Dist. LEXIS 13442).
LOS ANGELES - Just two days after Anthem Inc. announced that it "was the target of a very sophisticated external cyber attack" that exposed its customers' personal data to hackers, the health insurance provider on Feb. 5 was hit by putative class actions in California and Alabama federal courts (Samantha Kirby v. Anthem Inc., et al., No. 2:15-cv-00820, C.D. Calif.; Danny Juliano v. Anthem Inc., No. 2:15-cv-00219, N.D. Ala.).
FRESNO, Calif. - A federal judge in California on Jan. 30 for the second time dismissed a case, including a claim for violation of the state's unfair competition law (UCL), alleging that a used car company failed to supply a form showing that all of the components of the vehicle were inspected during the certification process, this time with prejudice (Patricia A. Sigala v. CarMax Auto Superstores, No. 14-1451, E.D. Calif.; 2015 U.S. Dist. LEXIS 11414).
CHICAGO - A defendant's request to add three counterclaims of Sherman Act violations and an affirmative defense of inequitable conduct was granted Jan. 30 by an Illinois federal judge (BSP Software LLC v. Motio Inc., No. 12-2100, N.D. Ill.; 2015 U.S. Dist. LEXIS 10799).
SAN FRANCISCO - A California federal judge on Jan. 29 declined to dismiss a putative class action case accusing a short-term car rental company of violating state law, including the unfair competition law (UCL) by setting late fees in an illegal manner (Gabriela Bayol v. Zipcar Inc., No. 14-2483, N.D. Calif.; 2015 U.S. Dist. LEXIS 10596).
LOS ANGELES - An attorney's suit alleging that that two principles comingled and mismanaged bank account funds, shorting him of compensation seeks in excess of $75,000, Napoli Bern Ripka & Associates argues in removing the action on Jan. 28 (Marc I. Willick v. Napoli Bern Ripka & Associates, et al., No. 5-652, C.D. Calif.).
SACRAMENTO, Calif. - A California federal judge on Jan. 28 granted summary judgment in favor of a retailer of used cars in a suit alleging that the defendant violated several laws, including the state's unfair competition law (UCL), in the selling of a used vehicle without allegedly certifying that the vehicle had been inspected, saying the plaintiff could not support her claims (Jocelyn Overholt v. CarMax Auto Superstores California, No. 13-2009, E.D. Calif.; 2015 U.S. Dist. LEXIS 9923).
SAN DIEGO - A California federal judge on Jan. 28 dismissed with leave to amend claims alleging that a mortgage company violated state law, including the state's unfair completion law (UCL), in its handling of the foreclosure of a couple's home (Judy Lane, et al. v. Suntrust Mortgage Inc., No. 14-1367, S.D. Calif.; 2015 U.S. Dist. LEXIS 10421).
KANSAS CITY, Mo. - A Missouri federal judge on Jan. 27 dismissed a class complaint filed by a Missouri woman accusing the producers and marketers of Kettle Cooked Potato Chips of falsely advertising them as "all natural" (Tonya Kelly, et al. v. Cape Cod Potato Chip Company, Inc., et al., No. 14-119, W.D. Mo.; 2015 U.S. Dist. LEXIS 8988).
PHILADELPHIA - Citing the recently articulated standard in Federal Trade Commission v. Actavis Inc. (133 S. Ct. 2223 ), a Pennsylvania federal judge on Jan. 28 found that myriad plaintiffs challenging a reverse-payment settlement as anti-competitive adequately pleaded their claims to survive a defense motion for summary judgment (King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1797, E.D. Pa.; Vista Healthplan, Inc., et al. v. Cephalon, Inc., et al., No. 2:06-cv-1833, E.D. Pa.; Apotex, Inc. v. Cephalon, Inc., et al., No. 2:06-cv-2768, E.D. Pa.; 2014 U.S. Dist. LEXIS 84818).
SAN JOSE, Calif. - A federal judge in California on Jan. 26 remanded to state court a hospital's lawsuit seeking reimbursement for charges for treatment of a participant in a health plan governed by the Employee Retirement Income Security Act, holding that the hospital's state unfair competition law claims were not completely preempted by ERISA (Community Hospital of the Monterey Peninsula v. Blue Cross of California, et al., No. 14-CV-04552, N.D. Calif.; 2015 U.S. Dist. LEXIS 9248).
PHILADELPHIA - A Pennsylvania federal judge on Jan. 26 found the testimony of an economics expert, proffered by the direct purchaser plaintiffs in a price-fixing class action against egg suppliers, to be reliable and convincing enough to support the plaintiffs' class certification motion, denying the defendants' motion to exclude (In re: Processed Egg Products Antitrust Litigation [All Direct Purchaser Actions], MDL No. 2002, No. 08-md-2002, E.D. Pa.; 2015 U.S. Dist. LEXIS 8329).
WEST DES MOINES, Iowa - The Iowa insurance commissioner will liquidate CoOportunity Health Inc., a consumer-owned health insurance company started with $146 million in Patient Protection and Affordable Care Act (ACA) funds, it announced Jan. 23 (State of Iowa, et al. v. CoOpportunity Health Inc., No. N/A, Iowa Dist., Polk Co.).
LOS ANGELES - In reversing a lower court's decision, a California appeals court on Jan. 21 held that a technician was not a hotel worker who traditionally would have been paid a gratuity for providing services and, therefore, was not among the class of hotel workers entitled to be paid service charges collected by the employer; therefore, the defendant did not violate the state's unfair competition law (UCL) by not paying the service charges to the employee (Audio Visual Services Group Inc. v. The Superior Court of Los Angeles County, et al., No. B256266, Calif. App., 2nd Dist., Div. 3; 2015 Cal. App. LEXIS 50).
BOSTON - The presence of a few uninjured members in a class does not prevent certification, the First Circuit U.S. Court of Appeals ruled Jan. 21, affirming the certification of the class of indirect purchasers of Nexium in a pay-for-delay lawsuit over the heartburn drug (In re Nexium Antitrust Litigation, Astrazeneca AB, et al. v. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al., Nos. 14-1521 & 14-1522, 1st Cir.; 2015 U.S. App. LEXIS 968).
WASHINGTON, D.C. - In its Jan. 20 orders list, the U.S. Supreme Court announced that it will let stand a Ninth Circuit U.S. Court of Appeals April ruling that when antitrust harm is speculative at the time of the initial wrong, the law of limitations in federal antitrust actions allows a claimant to file suit once the harm has crystallized (Panasonic Corp. et al. v. Samsung Electronics Co. Ltd., No. 14-540, U.S. Sup.).
SAN FRANCISCO - The California Supreme Court on Jan. 14 granted a petition seeking review of an appeals court decision finding that a district attorney's unfair competition law (UCL) claims seeking civil penalties for violations of state workplace safety regulations are preempted by the federal Occupational Safety and Health Act of 1970 (federal/OSHA) (Solus Industrial Innovations v. The Superior Court of Orange Co., The People, real party in interest, No. S222314, Calif. Sup.).
SAN FRANCISCO - A claim for violation of the state's unfair competition law (UCL) is among the claims continuing in a breach of contract case involving the sale of computer software equipment that failed to perform as promised following a California federal judge's Jan. 14 order on a motion to dismiss (Ronpak Inc. v. Electronics For Imaging Inc., No. 14-4058, N.D. Calif.; 2015 U.S. Dist. LEXIS 4546).
SAN FRANCISCO - A California state court judge on Jan. 16 issued a tentative ruling finding that the Accrediting Commission for Community and Junior Colleges (ACCJC) engaged in practices that violated the unlawful prong of the state's unfair competition law (UCL) when, in 2013, it terminated City College of San Francisco's accreditation and instructed the city attorney to draft an injunction reflecting the terms of his decision. If finalized, the decision would provide the college a new option to pursue to secure its accreditation (People of the State of California ex rel. Dennis Herrera, San Francisco City Attorney v. Accrediting Commission for Community and Junior Colleges, No. CGC-13-533693, Calif. Super., San Francisco Co.).
FRESNO, Calif. - A California federal magistrate judge on Jan. 14 recommended the approval of a settlement in a class action case to end a wage claims dispute that includes an allegation of a violation of the state's unfair competition law (UCL) filed by distribution center works against CVS Pharmacy Inc. (Leticia Ceja-Corona, et al. v. CVS Pharmacy Inc., No. 12-1868, E.D. Calif.; 2015 U.S. Dist. LEXIS 5118).
LOS ANGELES - A California women on Jan. 9 filed a class action lawsuit in federal court accusing the manufacturer of an infant formula of violating the state's unfair competition law (UCL) by making false representations and undergoing misleading practices in the marketing of its product, causing damage to individuals who purchased the product believing that the formula would reduce the risk of infants developing allergies and infant atopic dermatitis (Oula Zakaria v. Gerber Products Co., et al., No. 15-200, C.D. Calif.).
OAKLAND, Calif. - About three weeks after a jury returned a verdict in favor of Apple Inc. in an antitrust class action over its iTunes and iPod products, a California federal judge on Jan. 5 issued judgment in the technology giant's favor (The Apple iPod iTunes Antitrust Litigation, No. 4:05-cv-00037, N.D. Calif.).
SAN FRANCISCO - A California federal judge on Jan. 6 declined to dismiss two claims, including one brought under the state's unfair competition law (UCL), alleging that an automobile manufacturer failed to disclose a design defect that made electrical components prone to water damage caused by the normal and ordinary use of the vehicle, saying the plaintiffs sufficiently alleged that the defendant was aware of the defect before the plaintiffs purchased their respective vehicles (Monita Sharma, et al. v. BMW of North America, No. 13-2274, N.D. Calif.; 2015 U.S. Dist. LEXIS 1039).
PASADENA, Calif. - A majority of the Ninth Circuit U.S. Court of Appeals on Dec. 31 denied a putative class representative's appeal as moot in a lawsuit challenging an insurer's practices, finding that the plaintiff has no financial interest or other personal interest in class certification (Douglas J. Campion v. Old Republic Protection Company Inc., No. 12-56784, 9th Cir.; 2014 U.S. App. LEXIS 24653).
SAN JOSE, Calif. - Two Florida men filed a class complaint on Dec. 30 in California federal court accusing Apple Inc. of misrepresenting the storage capacity needed for its iOS 8 operating system, as well as the actual available storage on its iPhones, iPads and iPods (Paul Orshan, et al. v. Apple Inc., No. 14-5659, N.D. Calif.).