NEW YORK - An economist expert's damages "benchmark" model is adequate in a class action antitrust lawsuit against News Corp., News America Inc., News America Marketing FSI L.L.C. and News America Marketing In-Store Services L.L.C. (collectively, News Corp.), a New York federal judge ruled Jan. 15 (Dial Corp., et al. v. News Corp., et al., No. 13-6802, S.D. N.Y.; 2016 U.S. Dist. LEXIS 5668).
OAKLAND, Calif. - A California federal judge on Jan. 15 dismissed a class suit for lacking of standing that accuses Costco Wholesale Corp. and its suppliers of selling prawns that come from a supply chain that includes slavery and human trafficking (Monica Sud v. Costco Wholesale Corporation, et al., No. 15-3783, N.D. Calif.; 2016 U.S. Dist. LEXIS 5524).
SAN FRANCISCO - A California federal judge on Jan. 11 granted a motion to amend filed by employees of a care business for mentally challenged adults as plaintiffs to a class action lawsuit that asserts violations of the California Labor Code and unfair competition law (UCL) but found that the employers in the case would be prejudiced by the addition of new defendants (Horacio Veyra Palana, et al. v. Mission Bay Inc., et al., No. 13-cv-05235, N.D. Calif.; 2016 U.S. Dist. LEXIS 3740).
FRESNO, Calif. - After the owners of a restaurant failed to respond to allegations that they unlawfully broadcast a television program in their establishment in violation of California's unfair competition law (UCL), a California federal magistrate judge on Jan. 8 recommended that a default ruling be entered in favor of the owner of the rights to the program (J&J Sports Productions Inc. v. Raquel Ortiz Reyes, individually and d/b/a Los Reyes Mexican Food; RAUL REYES, individually and d/b/a Los Reyes Mexican Food, No. 1:15-cv-01036, E.D. Calif.; 2016 Dist. LEXIS 3205).
WASHINGTON, D.C. - A group of states that teamed up with the U.S. Department of Justice to sue Apple Inc. for an e-book price-fixing conspiracy told the U.S. Supreme Court in a Jan. 4 opposition brief that no review is merited of a Second Circuit U.S. Court of Appeals ruling that found Apple guilty of Sherman Act violations (Apple Inc. v. United States of America, et al., No. 15-565, U.S. Sup.).
LOS ANGELES - A California federal judge on Dec. 29 dismissed a class complaint against General Mills Inc. and General Mills Sales Inc. over the companies' use of partially hydrogenated oils (PHOs) with leave to amend but stayed the action pending the Food and Drug Administration's determination of the food additive status of PHOs (Jennifer Red, et al. v. General Mills, Inc., et al., No. 15-2232, C.D. Calif.; 2015 U.S. Dist. LEXIS 172671).
FRESNO, Calif. - After agreeing with a magistrate judge's recommendation that a proposed class settlement of numerous labor claims and causes of action for violation of California's unfair competition law (UCL) was unfair, a California federal judge on Dec. 29 denied a motion to approve the settlement (Arturo Salgado, individually and on behalf of all others similarly situated, v. Land O'Lakes Inc., et al., No. 1:13-CV-798, E.D. Calif.; 2015 U.S. Dist. LEXIS 173276).
SAN DIEGO - A California federal judge on Dec. 15 granted a motion filed by the owner of a dating social media network application to dismiss claims asserted by a user for violation of California's unfair competition law (UCL) and Dating Service Contracts Act (DSCA) but permitted him leave to amend the complaint (Mark Howell, individually and on behalf of all others similarly situated, v. Grindr LLC, No. 15cv1337, S.D. Calif.; 2015 U.S. Dist. LEXIS 167669).
PHILADELPHIA - Patent holders were ordered Dec. 14 by a Pennsylvania federal judge to produce several unredacted or previously withheld documents in a dispute over alleged "sham litigation" (Federal Trade Commission v. AbbVie Inc., et al., No. 14-5151, E.D. Pa.; 2015 U.S. Dist. LEXIS 166723).
LOS ANGELES - After a property owner failed to respond to a lender's motion to dismiss claims for violation of California's unfair competition law, negligence and other claims, a California federal judge on Dec. 8 dismissed the claims without leave to amend (Raquel E. Velasquez v. Caliber Home Loans Inc., et al., No. 2:15-cv-05078, C.D. Calif.; 2015 U.S. Dist. LEXIS 165782).
SAN DIEGO - A California federal judge on Dec. 10 refused an employer's request to transfer a case filed against it by a former employee who asserts causes of action for violation of California's unfair competition law (UCL) and California's Private Attorneys' General Act of 2004 (PAGA) but found that the PAGA claim must be arbitrated (Anh BUI, individually and on behalf of all others similarly situated, v. Northrop Grumman Systems Corp., No. 15-cv-1397, S.D. Calif.; 2015 U.S. Dist. LEXIS 165878).
RIVERSIDE, Calif. - A California federal judge on Dec. 9 dismissed certain claims against a bank and loan servicer in relation to loan modification applications, but allowed a property owner's claim for violation of California's unfair competition law (UCL) to proceed (Triphina Lesley v. Bank of America, N.A., et al., No. 15-01696, C.D. Calif.; 2015 U.S. Dist. LEXIS 165241).
PHILADELPHIA - Efforts by a putative end-payer antitrust and consumer protection class to revive their claims against two drug manufacturers were rejected Dec. 8 by a Pennsylvania federal judge (In re: Niaspan Antitrust Litigation [All Actions], MDL No. 2460, No. 13-md-2460; E.D. Pa.; 2015 U.S. Dist. LEXIS 164021).
SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).
FRESNO, Calif. - A California court on Dec. 7 affirmed a trial court's decision to deny a motion for class certification filed by a former employee, finding that a care facility did not violate California's unfair competition law (UCL) or the California Labor Code when it required new employees to sign an agreement that they would eat their meals with clients (Yvonne Palacio v. Jan & Gail's Care Homes, Inc., No. F070861, Calif. App., 5th Cir.; 2015 Cal. App. LEXIS 1093).
SAN JOSE, Calif. - The plaintiffs in a lawsuit alleging that Apple Inc. unlawfully intercepted messages sent from Apple phones to non-Apple phone users failed to establish that any interception actually occurred, a California federal judge ruled Nov. 30, disposing of their claims under the Wiretap Act and California's unfair competition law (UCL) (Adam Backhaut, et al. v. Apple Inc., No. 5:14-cv-02285, N.D. Calif.; 2015 U.S. Dist. LEXIS 161147).
SAN DIEGO - A California federal judge on Dec. 4 granted a nutrition corporation's motion to dismiss claims for violation of California's unfair competition law (UCL) and California law in relation the labeling and marketing of a supplement for men but granted the plaintiff leave to amend the complaint (Ryan Vigil v. General Nutrition Corporation, No. 15cv0079, S.D. Calif.; 2015 U.S. Dist. LEXIS 163115).
SAN JOSE, Calif. - A California federal judge on Nov. 20 granted summary judgment for an employer on claims of breach of contract and violation of California's unfair competition law (UCL), finding that a one-year expiration date provision in a former's employee's contract applied to her stock options (Soonhee Jang v. Dupont E.I. De Nemours & Co., No. 15-cv-03719, N.D. Calif.; 2015 U.S. Dist. LEXIS 158180).
SAN DIEGO - A California federal judge on Nov. 20 denied a motion filed by a maker of vodka for summary judgment on claims for violation of California's unfair competition law (UCL) and negligent misrepresentation in relation to terms used on its labels, finding that the safe harbor doctrine was not triggered in the case (Gary Hofmann v. Fifth Generation Inc., et al., No. 14cv2569, S.D. Calif.; 2015 U.S. Dist. LEXIS 157378).
SAN FRANCISCO - A California federal judge on Nov. 18 dismissed a consumer's claims for violation of California's unfair competition law (UCL) and other California laws, finding that he failed to show that he relied on a representation that tortilla chips contained no trans-fat when he purchased the product (Victor Guttmann v. La Tapatia Tortilleria Inc., No. 15-cv-02042, N.D. Calif.; 2015 U.S. Dist. LEXIS 156800).
SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 16 recommended that a default ruling be entered against the owner of a commercial establishment after it failed to respond to claims for violation for California's unfair competition law (UCL), conversion and other causes of action for showing an unauthorized broadcast, awarding the owner of the broadcast $10,000 in damages (J&J Sports Productions Inc. v. Philip Isidro, No. 2:14-cv-2720, E.D. Calif.; 2015 U.S. Dist. LEXIS 154773).
SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).
OAKLAND, Calif. - A California federal judge on Nov. 13 granted preliminary approval of a tortilla trans-fat labeling settlement that provides only injunctive relief to the settlement class (Victor Guttmann v. Ole Mexican Foods, Inc., No. 14-4845, N.D. Calif.; 2015 U.S. Dist. LEXIS 154046).
SAN JOSE, Calif. - After previously dismissing claims asserted by former owners of a Russian gaming studio for violation of California's unfair competition law (UCL) and finding that the former owners had no ownership over a mobile game application, a California federal judge on Nov. 10 dismissed all of their claims for copyright infringement asserted against the distributor of the game and others (Evengy Epikhin, et al. v. Game Insight North America, et al., No. 14-CV-04383, N.D. Calif.; 2015 U.S. Dist. LEXIS 152837).
LOS ANGELES - A California federal judge on Nov. 10 ordered plaintiffs who seek to file a class action against FanDuel Inc. and others in relation to claims that they violated California's unfair competition law (UCL) and other California law claims to show cause why the case should not be dismissed for lack of jurisdiction (Cody Spiegel, et al. v. FanDuel, Inc., et al., No. 15-08142, C.D. Calif.; 2015 U.S. Dist. LEXIS 152679).