Summary
The United States District Court for the Central District of California remanded this putative class action to the Los Angeles Superior Court for lack of subject-matter jurisdiction. The court held that the plaintiffs failed to establish Article III standing because they did not allege a credible threat that Paramount Global would enforce the challenged Terms of Use against them. The court deemed all other pending federal motions moot.
Holdings
- Plaintiffs lacked Article III standing because they failed to allege or demonstrate a credible threat that Paramount Global would enforce the challenged Terms of Use against them and failed to show with concrete detail that they intended to violate those terms.
- Remand, rather than dismissal, was mandatory because the federal court lacked Article III subject-matter jurisdiction.
Questions Presented
- Whether Plaintiffs established Article III standing to pursue their pre-enforcement challenge to Paramount Global's Terms of Use.
- Whether the action had to be remanded to state court because the federal court lacked subject-matter jurisdiction.
- Whether the remaining motions should be resolved after the court determined that Article III standing was absent.
Disposition
remanded
Cases Cited (16)
- Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992)(followed)
- ARCO Env't Remediation, L.L.C. v. Dep't of Health & Env't Quality, 213 F.3d 1108, 1113 (9th Cir. 2000)(followed)
- Am. C.L.U. of Nev. v. Lomax, 471 F.3d 1010, 1015 (9th Cir. 2006)(followed)
- Van Patten v. Vertical Fitness Grp., LLC, 847 F.3d 1037, 1042 (9th Cir. 2017)(followed)
- Spokeo, Inc. v. Robins, 578 U.S. 330, 338-39 (2016)(followed)
- Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992)(followed)
- Robins v. Spokeo, Inc., 867 F.3d 1108, 1112 (9th Cir. 2017)(followed)
- Polo v. Innoventions Int'l, LLC, 833 F.3d 1193, 1196, 1198 (9th Cir. 2016)(followed)
- Kelton Arms Condo. Owners Ass'n v. Homestead Ins. Co., 346 F.3d 1190, 1192 (9th Cir. 2003)(followed)
- ASARCO Inc. v. Kadish, 490 U.S. 605, 617 (1989)(followed)
Showing top 10 of 16.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…