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California › Unfair Competition Law (UCL) › Appeals

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit sides with credit union after finding NCUA regulations preempted California state law

Orrick, Herrington & Sutcliffe LLP on

On August 1, the U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of claims under California’s Unfair Competition Law (UCL) against a federal credit union, holding that federal law preempts state regulation of...more

Sheppard Mullin Richter & Hampton LLP

Navigating Ambiguity in Consumer Protection Law: Insights from Bodenburg v. Apple

Sheppard Mullin Richter & Hampton LLP on

Plaintiff Lisa Bodenburg brought a putative class action against Defendant Apple Inc. after purchasing a 200 GB iCloud+ storage plan. She believed that by upgrading to the paid 200 GB plan, the 200 GB would add to the free 5...more

Troutman Pepper Locke

Preemption Win for Federal Credit Union in the Ninth Circuit on Bounced Check Fee Claims

Troutman Pepper Locke on

In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action...more

Jenner & Block

California Supreme Court Opens Door for Nonprofits to Sue for Anticompetitive Practices

Jenner & Block on

On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred...more

Proskauer - California Employment Law

Court of Appeal Rules Plaintiff May Recover PAGA Penalties For Violating Sick Pay Statute

Proskauer - California Employment Law on

In the first ruling of its kind, the California Court of Appeal (4th Dist.) recently ruled that a plaintiff may pursue penalties under the Private Attorneys General Act (PAGA) for alleged violations of California’s sick pay...more

King & Spalding

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

King & Spalding on

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

Foley & Lardner LLP

Even When Civil Penalties Are Sought, Unfair Competition and False Advertising Claims Remain Equitable and Will Not Be Tried by a...

Foley & Lardner LLP on

The California Supreme Court recently held that claims brought by the government for civil penalties under California’s unfair competition law (B&PC § 17200, et seq.) and false advertising law (B&PC § 17500, et seq.) are to...more

Pillsbury Winthrop Shaw Pittman LLP

California: No Jury Trials in Unfair Competition Law and False Advertising Law Cases (and Proposition 65 Cases?)

Pillsbury Winthrop Shaw Pittman LLP on

The California Supreme Court held there is no statutory or constitutional right to a jury trial in actions brought under the Unfair Competition Law (UCL) and False Advertising Law (FAL). Its reasoning and basis likely...more

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