Brann & Isaacson Secures Dismissal of California Case Against NaviStone

Within hours of hearing oral argument from Eamonn Hart, U.S. District Judge Vince Chhabria of the Northern District of California entered an order dismissing a complaint against Brann & Isaacson client NaviStone, Inc., which alleged that NaviStone engaged in unlawful wiretapping under California law. Originally filed as a class action seeking millions of dollars in damages, Plaintiff Jeremiah Revitch withdrew his class claims, leaving only his individual claim for resolution. The court’s ruling on that claim was clear: “[A]ny reasonable factfinder would be compelled to conclude that NaviStone’s [software] code never ran on Revitch’s browser.” Finding that the plaintiff could not therefore have suffered injury, the court dismissed the case for lack of standing and entered a judgment in NaviStone’s favor, noting that it would also have ruled for NaviStone on the underlying merits for the same reason.

While many putative class actions settle, NaviStone has consistently refused to be cowed into a settlement of meritless claims. This is the fifth such class action NaviStone, represented by Brann & Isaacson, has defeated. In addition to Hart, NaviStone is represented in these matters by David W. Bertoni and David Swetnam-Burland.

The case is Revitch v. New Moosejaw, LLC, Case No. 18–cv–06827–VC (N.D. Cal.).