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Consumer Fraud Class Action Class Certification

Foley & Lardner LLP

Motion to Strike Damages Expert Leads to Denial of Class Certification

Foley & Lardner LLP on

A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more

Carlton Fields

[Webinar] 2023 Class Action Survey Results - April 11th, 12:00 pm - 1:00 pm ET

Carlton Fields on

The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published January 2023

Highlights from this issue include: Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Virginia Denies Motion to Certify Class, Sheds Light on Rule 23(b)(3) Predominance and Superiority...

The U.S. District Court for the Eastern District of Virginia analyzed Federal Rule of Civil Procedure 23(b)(3)’s predominance and superiority requirements for class actions in a recent decision denying a motion to certify a...more

Proskauer - Advertising Law

Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless...

Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more

Holland & Knight LLP

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or affect....more

Blank Rome LLP

Class Gets the Squeeze: Class Certification Denied in In Re: Tropicana Orange Juice Marketing and Sales Practices Litigation,...

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Consumer class action litigation—often accusing the defendant company of deceiving its customers—strikes at the heart of a company’s reputation, goodwill, and brand—all of which are often built over the course of many years...more

Blank Rome LLP

EZ-Pass Paid and Certified: Nationwide Class Certification Granted under New Jersey’s Consumer Fraud Act

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A nationwide class of 17.9 million members was certified by a judge in the District of New Jersey last week in Mendez v. Avis Budget Group, Inc. and Highway Toll Administration LLC. The Court also granted Florida and New...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Fraud Class Action

House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201....more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Fall 2016"

This is the 13th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Carlton Fields

Third Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify Law School Tuition Class

Carlton Fields on

The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates, thereby inducing students to pay inflated...more

Blank Rome LLP

New Jersey Appellate Division Reverses Class Certification in TGI Friday’s Consumer Fraud Class Action

Blank Rome LLP on

Action Item: The Superior Court of New Jersey - Appellate Division reversed a trial court’s class certification decision in a consumer class action arising from whether TGI Friday’s decision to not post drink prices on its...more

Alston & Bird

Class Action Round-Up: Fall 2015

Alston & Bird on

Where the (Class) Action Is - Moving into the second half of 2015, there is no shortage of interesting cases across the spectrum of class action issues and claims. In this edition of the Round-Up, courts continue to...more

Ballard Spahr LLP

7th Circuit Rejects “Heightened” Ascertainability Requirement for Class Actions

Ballard Spahr LLP on

Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable...more

Blank Rome LLP

Standing after Neale: Third Circuit Clarifies Jurisdictional Standing and Predominance Analysis in Consumer Class Actions

Blank Rome LLP on

On July 22, 2015, in Joanne Neale, et al. v. Volvo Cars of North America, LLC, et al., the Court of Appeals for the Third Circuit vacated and remanded the United States District Court for the District of New Jersey’s decision...more

Locke Lord LLP

Consumer Class Actions Against Liquor Producers Follow Familiar Path

Locke Lord LLP on

Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more

Carlton Fields

Second Circuit Affirms Certification of Consumer Debt Collection Class, Distinguishing Comcast v. Behrend

Carlton Fields on

These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by...more

Ballard Spahr LLP

Third Circuit Rejects Class Certification in Yet Another Consumer Case

Ballard Spahr LLP on

Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged...more

BakerHostetler

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

BakerHostetler on

Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v....more

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