Class action lawsuit against LinkedIn advertising practices is dismissed

Class action against LinkedIn advertising practices is dismissed

For a second time, a U.S. magistrate judge dismissed a class action that alleged LinkedIn inflated its traffic metrics to overcharge for advertising placed on the social media platform.

"Plaintiffs have not been able to plead viable theories, even with the benefit of the guidance provided by LinkedIn's motion to dismiss and the Court's August 3 Order, and even after dropping certain legal theories and adding new ones," U.S. Magistrate Judge Susan van Keulen of the Northern District of California wrote. "In addition, in opposition to the current motion to dismiss, Plaintiffs rehash certain arguments already rejected by the Court. Plaintiffs have not articulated how the defects in the [Second Amended Complaint] can be cured by amendment."

TopDevz LLC in Sacramento sued in 2020, after LinkedIn announced it discovered two software bugs that miscalculated advertising metrics on its platform. The company issued makegood advertising to the impacted advertisers.

Van Keulen dismissed the case in February but gave the plaintiff a chance to amend the complaint. On Monday, she dismissed the second complaint with prejudice. TopDevz LLC, et al., v. LinkedIn Corp., 20-08324, N.D., Cal., (filed Nov. 25, 2020)

Keker, Van Nest & Peters LLP represented the social media platform. "We are pleased that the Court saw through Plaintiffs' defective legal theories and put an end to this meritless case," said Michelle Ybarra, partner at the firm.

Warren D. Postman of Keller, Lenkner LLC represented TopDevz. He could not be reached for comment.

-- Douglas A Saunders