LOS ANGELES (Legal Newsline) – The maker of pain-relief products that contain curcumin is asking a federal judge to throw out the class action lawsuit that claims the substance does not reduce muscle soreness.
Terry Naturally filed its motion March 12 in Los Angeles federal court through lawyers at Blank Rome who argue a money-back guarantee moots the plaintiff’s claim for damages and/or restitution.
“The unconditional moneyback guarantee presented on Defendant’s website is aimed at consumers who do not receive the benefits they expect, which is precisely what Plaintiff alleges based on his idiosyncratic expectations,” the motion says.
“This guarantee is not only provided conspicuously on the side of the product label as purchased by Plaintiff, which Plaintiff fails to include in his (complaint), but is also visible on the webpage that he visited during his purchase.
LOS ANGELES (Legal Newsline) - Unhappy users are suing ABCmouse because their memberships were automatically renewed.
That is against the law in California, the Feb. 26 class action lawsuit filed in Los Angeles federal court says. The Law Offices of Ronald Marron in San Diego filed the case against the company, which offers a subscription service to educate young children.
“Defendant did not disclose the auto-renewal on the sign-up page. Defendant also failed to disclose how to cancel the auto-renewal that consumers were not even aware Defendant had deceivingly enrolled them in,” the lawsuit says.
“Similarly, when consumers enrolled in a 30-day free trial of an ABCmouse monthly membership, Defendant often enrolled the customers into an annual auto-renewal membership without the consumers’ knowledge or consent.”
LOS ANGELES (Legal Newsline) – A food workers union is defending Long Beach’s right to mandate a $4 per hour raise for grocery workers during the COVID-19 pandemic.
In response to a lawsuit filed by the California Grocers Association, the United Food & Commercial Workers Local 324 argued in a Feb. 17 motion to dismiss that Long Beach’s new ordinance is not preempted by the National Labor Relations Act.
Local 324 had previously been granted permission to intervene in the case in Los Angeles federal court.
“The California Grocers Association asks the Court to strike down the Ordinance for reasons that the Supreme Court and Ninth Circuit have rejected for decades,” Paul More of McCracken Stemerman wrote for the union.
Handy
LOS ANGELES (Legal Newsline) - A serial plaintiff and his lawyers lost a pair of cases that could indicate more defeats to come, as a federal judge in California dismissed claims hotels violated the Americans with Disabilities Act by failing to include detailed descriptions of their ADA-compliant features on internet reservations systems.
Attorney Russell Handy with the Center for Disability Access has filed hundreds of similar lawsuits including more than 100 this month alone, according to federal court records. Arroyo, who describes himself as a paraplegic and frequent traveler, is one of seven plaintiffs Handy uses for many of the complaints, according to a defense lawyer.