Roz v. Nestle Waters North America, Inc.

In addition to retail sales of bottled water, Nestle Waters, dba Arrowhead, also makes recurring monthly deliveries to home and office customers (i.e., water coolers). Plaintiffs brought a class action under a new California statutory scheme that regulates “automatic renewal contracts” – i.e., contracts where a credit card is charged on a repeated basis for continued deliveries of goods or services. Precedent in this area was limited because the statute is relatively new. In September 2017, the court denied class certification; plaintiff sought to try the case in order to preserve the right to appeal, and the case was set for trial in December 2017. After a pretrial ruling interpreted the statute to reject most of plaintiffs’ claims, the plaintiff agreed to dismiss with prejudice for a waiver of costs. 

Firm Highlights

Publication

Reporting Dispute Claims Within Closely Held Wineries

Many wineries operate as closely held companies, meaning they’re owned by an individual or small group of shareholders, who are often members of the same family. Disputes regarding ownership interests can arise, particularly when directors...

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Publication

Disputes Between Shareholders May Not Be Governed by Fiduciary Duties but Could Be Covered by Insurance

(As published in Private Company Director ) Disputes regarding ownership interests often arise in the context of closely held corporations, particularly when directors, officers, or majority shareholders sell or acquire ownership interests in the...

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Publication

Wire Fraud Victims Have New Reporting Factors After Ciminelli

Originally published by  Bloomberg Law . Courts around the country have seen an influx of challenges to indictments and convictions since the US Supreme Court’s unanimous decision in  Ciminelli v. United States  last May...

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News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

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News

The Fight Over Building New Housing in San Mateo Co., Least Compliant in Bay Area To State Mandates

Tom Mayhew spoke to ABC  News  about the lawsuit filed by Housing Action Coalition (HAC) and Farella against the City of San Mateo. The lawsuit challenges the city's recently adopted Housing Element in order to...

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Publication

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd. , Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...

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Publication

Ensuring Your Website Complies With the ADA

In today’s digital age, having an online presence is crucial for businesses, including wineries, breweries, and other beverage companies. Accordingly, it’s essential to ensure that your beverage website meets federal standards for accessibility to avoid...

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