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Motion to Dismiss California

Nossaman LLP

When Restorative Waters Meet Flying Projectiles: Inverse Condemnation Claims in Ukiah

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The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more

Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

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A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

A&O Shearman

Northern District Of California Declines To Dismiss Putative Class Action Against Clothing Company

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On July 9, 2025, Judge P. Casey Pitts of the United States District Court for the Northern District of California largely declined to dismiss a putative securities class action asserting claims under the Securities Exchange...more

Shook, Hardy & Bacon L.L.P.

California Microplastics Case Dismissed for Lack of Actual Reliance and Threshold Dose

A Northern District of California judge issued a sweeping dismissal of a microplastics class action that would have lowered the bar on the sufficiency of allegations of potential hazards from microplastics....more

Robinson+Cole Data Privacy + Security Insider

Federal Court Sinks CIPA Wiretap Lawsuit Against Royal Caribbean Over TikTok Tracking Tool

In a significant win for Royal Caribbean Cruises, a federal judge dismissed a lawsuit that alleged the cruise line’s website violated a California privacy law by using a TikTok tracking tool. The case, Kishnani v. Royal...more

Snell & Wilmer

Nevada Rejects Calder’s Jurisdictional Effects Test in Negligence Cases

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On June 18, 2025, the Nevada Supreme Court held in Whitley v. Greyhound Lines, Inc., 141 Nev. Adv. Op. 33 (2025), that Calder v. Jones’ “effects test” applies only in intentional tort cases. The opinion provides an analysis...more

A&O Shearman

Northern District Of California Grants Motion To Dismiss In Securities Class Action Against Footwear Company

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On June 23, 2025, Judge Araceli Martínez-Olguín of the Northern District of California granted a motion to dismiss a consolidated securities class action brought against a footwear and apparel company (the “Company”) and...more

Stradling Yocca Carlson & Rauth

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent

The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more

Hogan Lovells

Chen v. Lyft: California federal court dismisses securities suit where misstatement was corrected within an hour

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In Chen v. Lyft, the U.S. District Court for the District of Northern California dismissed a federal securities class action lawsuit alleging that a typo in a press release from Lyft constituted securities fraud. The press...more

A&O Shearman

Northern District Of California Dismisses Class Action Against Power Solutions And Modules Company

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On June 6, 2025, Judge Richard Seeborg of the United States District Court for the Northern District of California granted without prejudice a motion to dismiss a putative securities fraud class action against a developer of...more

Loeb & Loeb LLP

Lively v. Wayfarer Studios LLC

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In case arising from ongoing dispute between movie stars Justin Baldoni and Blake Lively, district court dismisses all of Baldoni’s claims for failure to state claim, but grants Baldoni leave to amend as to his implied...more

A&O Shearman

Northern District Of California Narrows Claims In Securities Class Action Against Medical Devices Company

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On June 3, 2025, Judge Jacqueline S. Corley of the Northern District of California granted in part a motion to dismiss a putative securities class action brought against a medical devices company (the “Company”), its CEO, and...more

Buckingham, Doolittle & Burroughs, LLC

Understanding Anti-SLAPP Statutes: Do They Apply in Federal Court?

“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more

Miller Starr Regalia

First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer...

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In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot...more

Foley & Lardner LLP

Franchise Agreement Requiring Out of State Mediation Is Unenforceable in California Background

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Dispute resolution provisions in franchise agreements often address how, when, and where parties will mediate. However, the enforceability of these provisions can change depending on the law of the state governing the...more

Perkins Coie

Notable Ruling Roundup - May 2025

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Chelsea Garland, et al. v. The Kroger Co., No. 3:24-cv-00240-LL-JLB (S.D. Cal. – February 12,...more

A&O Shearman

Northern District Of California Dismisses Putative Securities Class Action Against Grocery Delivery Company For Failure To...

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On May 9, 2025, Judge Edward J. Davila of the Northern District of California granted a motion to dismiss a purported securities class action against a grocery delivery company (the “Company”), certain of its officers and...more

A&O Shearman

Northern District Of California Dismisses Putative Class Action Against Solar Panel Manufacturer For Failure To Allege Falsity

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On April 28, 2025, Judge Edward M. Chen of the United States District Court for the Northern District of California dismissed a putative securities fraud class action asserting claims against a solar panel manufacturer (the...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

A&O Shearman

California Appellate Court Affirms Dismissal Of Putative Class Action Against Electric Vehicle Company Based On Federal Forum...

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On April 23, 2025, the Fourth Appellate District Court of Appeal of the State of California affirmed the dismissal of a putative class action asserting claims under the Securities Act of 1933 against an electric vehicle...more

Allen Matkins

Is Bullock v. Rivian the Nail in the Coffin for California State 1933 Act Claims?

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Last month in Bullock v. Rivian Automotive, California’s Fourth District Court of Appeal became the latest to enforce a federal forum provision (FFP) embedded in a Delaware corporation’s charter and affirmed dismissal of a...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2025

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Keypoint: In this post: (1) The Ninth Circuit holds essentially any website can be sued in California; (2) two courts limit pen registry claims; (3) courts split on whether privacy policies establish consent for wiretapping...more

Foley & Lardner LLP

Actions Speak Louder Than Words: A Franchise Relationship Can Exist in Spite of a Contract’s Express Terms to the Contrary

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In OTG New York, Inc. v. Ottogi America, Inc., OTG was the exclusive regional distributor for food company Ottogi from 2008–23, during which Ottogi shipped inventory to OTG’s New Jersey warehouse. In 2024, Ottogi terminated...more

A&O Shearman

Central District Of California Dismisses Putative Securities Class Action Against Healthcare Technology Company For Failure To...

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On April 18, 2025, Judge André Birotte Jr. of the Central District of California granted a motion to dismiss a putative class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the...more

Wiley Rein LLP

Ninth Circuit Privacy Ruling Could Be Used to Expand Potential Forums for E-Commerce Lawsuits

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On Monday, April 21, 2025, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued an opinion in Briskin v. Shopify, Inc., __ F.4th __ (9th Cir. Apr. 21, 2025), that plaintiffs will cite to attempt to expand...more

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