Judge Gilliam dismisses Divyang Ved’s derivative suit on behalf of Spain Fitness Ventures, LP for lack of subject matter jurisdiction, holding that the limited partnership is the real party in interest under Ross v. Bernhard and that its New Jersey citizenship — through Ved as a New Jersey limited p
Judge Gilliam compels arbitration of Trimble’s breach-of-contract suit against Unity Software over a disputed distribution fee, holding that the AAA delegation clause in Unity’s Terms of Service sends arbitrability questions — including the scope of the agreement — to the arbitrator.
Magistrate Judge Hixson grants in part Mixedbread AI’s motion for judgment on the pleadings, dismissing AI startup co-founder Julius Lipp’s conversion and California Penal Code § 496 claims under the economic loss rule, while leaving the breach-of-contract counts intact.
Judge Gilliam declines interlocutory review of a Bankruptcy Court ruling that the PSLRA’s automatic discovery stay does not shield non-party Directors and Underwriters from third-party subpoenas served by claimants in the PG&E bankruptcy, even though the Directors and Underwriters are also defe