News & Analysis as of

Class Action Leave to Amend

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Lathrop GPM

California Federal Court Grants Franchisor’s Motion to Dismiss Non-Dairy Alternative Surcharge Class Action Suit

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A federal court in California recently granted a franchisor’s motion to dismiss a class action suit alleging discrimination in violation of the Americans with Disabilities Act (ADA). Garland v. Dunkin’ Donuts, LLC, 2024 WL...more

Goodwin

Delaware Court Of Chancery Dismisses Remainder 0f Claims Alleging that California Biotech Firm Profited From Nonpublic Information...

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On June 3, 2022, the Delaware Court of Chancery dismissed the final two counts in an action against California biotech firm Vaxart, Inc., finding that plaintiffs failed to adequately allege that certain non-public information...more

ArentFox Schiff

To Bean or Not to Bean: How Developments in Vanilla Flavoring Disputes Reveal Larger Trends in Mislabeling Cases

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A number of recent cases seek to combat what plaintiffs claim is a surge of deceptive marketing by companies in the food space. In particular, there have been a number of claims concerning the use and labeling of vanilla...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Prevails in Yearbook Database Class Action

This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more

Morrison & Foerster LLP - Social Media

Northern District Of California Holds That Section 230 Applies To App Store

While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to...more

Goodwin

Northern District Of Illinois Holds COVID-19, Not TD Ameritrade, Responsible For Trading Losses

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IN THIS ISSUE - Illinois Federal Judge Finds COVID-19, Not TD Ameritrade, Responsible for Losses; Supreme Court to Address Scope and Application of Basic Presumption of Classwide Reliance in Securities Class Actions;...more

Proskauer - Advertising Law

No “White” Lie: Plaintiffs Fail to Show Reasonable Consumer Would Expect “White Morsels” to Contain White Chocolate

After the recent dismissal of nearly identical claims, the same consumer plaintiffs have once again been thwarted in their attempt to challenge labeling and advertising that supposedly misleads consumers into believing the...more

King & Spalding

Northern District of California Dismisses “Varsity Blues” Class Action Due to Lack of Standing.

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On May 29, Judge Davila of the Northern District of California granted the defendants’ motion to dismiss two putative class actions filed against James Singer—the alleged perpetrator of the highly publicized “Varsity Blues”...more

Proskauer - Advertising Law

Ninth Circuit Confirms Dr Pepper Can Stick to its “Diet”

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more

A&O Shearman

Northern District Of Illinois Dismisses Putative Class Action Against In-Flight Internet Provider For Failure To Adequately Allege...

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On October 16, 2019, Judge Jorge L. Alonso of the United States District Court for the Northern District of Illinois Eastern Division dismissed a putative securities class action against an in-flight internet connectivity...more

A&O Shearman

Southern District Of New York Dismisses Putative Securities Class Action Against Pharmaceutical Company For Failure To Adequately...

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On September 30, 2019, Judge J. Paul Oetken of the United States District Court for the Southern District of New York dismissed a putative securities class action brought against a pharmaceutical company and certain of its...more

A&O Shearman

District Of Massachusetts Holds That Plaintiff Who Purchased Stock After Corrective Disclosure Lacks Standing To Pursue Putative...

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On September 23, 2019, Judge Denise J. Casper of the United States District Court for the District of Massachusetts denied class certification in a securities fraud action brought against a biopharmaceutical company (the...more

Bilzin Sumberg

Pork Price-Fixing Complaint Dismissed: Class Plaintiffs Will Amend

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Chief Judge Tunheim recently dismissed, with leave to amend, the class complaints in In Re Pork Antitrust Litigation.  The Pork case— filed in the District of Minnesota against Tyson, Hormel, JBS and other major pork...more

A&O Shearman

Northern District Of California Dismisses Putative Securities Class Action For The Second Time Against Generic Drug Maker For...

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On August 12, 2019, Judge Haywood S. Gilliam, Jr. of the United States District Court for the Northern District of California dismissed without leave to amend a putative securities class action against a pharmaceutical...more

Jackson Lewis P.C.

New CA Case Confirms: No Absolute Rule To Permit Leave To Amend To Substitute Class Representative If Named Plaintiff Is Found...

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In Jones v. Farmers Ins. Exchange (2013) 221 Cal.App.4th 986 (“Jones”), the California Court of Appeal held that “[t]he lack of an adequate class representative … does not justify the denial of the certification motion. ...more

Robinson+Cole Data Privacy + Security Insider

Plaintiffs Seek Class Certification in Yahoo Data Breach Class Actions

We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

BCLP

The New Jersey Supreme Court Will Consider Related Questions on Appeal in Two TCCWNA Class Actions

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By now, many retailers have heard of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), which is the basis for several class action lawsuits filed in New Jersey state and federal...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending June 24 & July 1, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Seyfarth Shaw LLP

Court Denies Class Certification On Religious Discrimination Claims

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In an order recently issued in James Robinson III, et al. v. General Motors Company, et al., Case No. 15-CV-158-Y (N.D. Tex. Oct. 21, 2015), Judge Terry R. Means of the U.S. District Court for the Northern District of Texas...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Cozen O'Connor

Defeating the “Fail Safe” Class Definition

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Some class action plaintiff lawyers facing individualized liability issues will try to obtain class certification by defining the proposed class in a way that assumes liability. It’s somewhat akin to the baseball player who...more

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