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California › Dismissals

Harris Beach PLLC

California Microplastics Mislabeling Case Dismissed on Preemption Grounds

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A nationwide class action lawsuit accusing a bottled water company of misleading customers by selling water allegedly containing microplastics has been dismissed on preemption grounds. The court’s decision looms large in...more

Farella Braun + Martel LLP

Trial Courts’ Tool Box Doesn’t Include PAGA Manageability Authority

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In Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court jump-started 2024 with a boon to employees, ending trial courts’ inherent authority to dismiss unmanageable claims under the Private Attorneys’ General...more

Goldberg Segalla

CA Federal District Court Grants Dismissal In Favor of Personal Care Manufacturer in PFAS Misrepresentation Action

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On January 12, 2024, a northern California federal district court dismissed the PFAS-related class-action case of Lowe v. Edgewell Personal Care Company on the grounds that its plaintiffs had not plausibly alleged injury from...more

Proskauer on Privacy

Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches

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Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Grants Motion To Dismiss in Kadrey AI Training Data Case

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Court Grants Motion To Dismiss in Kadrey AI Training Data Case - In a short but sharply worded decision, a California district court on November 20, 2023, granted the defendants’ motion to dismiss in Kadrey v. Meta...more

King & Spalding

Ninth Circuit Addresses Issue of First Impression Concerning the Usury Defense Under California Law

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On May 25, 2023, the U.S. Court of Appeals for the Ninth Circuit, in a two-to-one split decision, held that an exemption to California’s usury laws for certain “aggregate” loan amounts applies only to indebtedness of a single...more

King & Spalding

California Appeals Court Refuses to Enforce Forum Selection Clause that Would Avoid Application of California Usury Statute

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On February 15, 2023, the California Court of Appeals reversed the dismissal of a case against a lender, in which the trial court held that a forum selection clause required the claim to be brought in Arizona. The appeals...more

Proskauer - Blockchain and the Law

Consumer Law Claims against French Crypto Asset Wallet Provider May Proceed in California Court

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Customer lists held by providers and the personal information users enter to obtain digital wallets or set up crypto exchange accounts are enviable targets for hackers. Such data can be used to launch targeted phishing...more

Buchalter

NLRB Dismisses Charges Against Starbucks in La Quinta, California Alleging Interference with Employee Collective Bargaining Rights

Buchalter on

A Starbucks store in La Quinta, California was recently successful in defending itself against allegations that the store engaged in unlawful union-busting tactics. In a decision issued December 6, 2022, the National Labor...more

Harris Beach PLLC

California Appellate Court Provides Relief to Defendants by Reining in Misapplication of Punitive Damages

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Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

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The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Sheppard Mullin Richter & Hampton LLP

Split of Authority Emerges Regarding Whether Employers Can Dismiss PAGA Lawsuits on Manageability Grounds

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On March 23, 2022, the California Court of Appeal for the Fourth District in Estrada v. Royalty Carpet Mills, Inc., ruled that courts do not have authority to strike a claim under the Private Attorneys General Act (“PAGA”)...more

King & Spalding

Healthcare Management Services Organizations Get The Green Light In California

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Healthcare management services organizations (MSO), also known as a medical management company, have become critical to managing healthcare operations. The structure of the MSO and the MSO ownership, however, carry risk and...more

King & Spalding

California District Court Dismisses Putative Class Action Against Apple on Article III Standing Grounds Where Privacy Claims...

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Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), courts have grappled with what constitutes a sufficient injury in fact to satisfy Article III standing requirements. Predominant Issues...more

King & Spalding

Northern District of California Holds Plaintiffs Lack Article III Standing to Sue Ancestry.com for Profiting Off Their Personal...

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On March 1, 2021, Magistrate Judge Laurel Beeler of the Northern District of California dismissed a variety of claims brought against the genealogy website Ancestry.com based on the website’s use of individuals’ personal...more

King & Spalding

Ninth Circuit Affirms Dismissal of Putative Class Action for Lack of Article III Standing

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On December 4, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order dismissing, for lack of Article III standing, a putative class action involving allegations that the plaintiff was harmed by...more

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