News & Analysis as of

Fraud Putative Class Actions

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Proskauer - Advertising Law

Game Over: Court Dismisses Class Action Lawsuit Over Gaming Computer Performance

The gaming industry is increasingly becoming a target for consumer class actions, as plaintiffs’ attorneys are scrutinizing the marketing and performance claims of gaming PCs and accessories.  However, gaming companies are...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

Jones Day on

On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Foley & Lardner LLP

Sufficiently Conspicuous: Arbitration Agreements and Class Action Waivers for Subscription-Based Businesses

Foley & Lardner LLP on

Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more

Holland & Knight LLP

New York Court Gives Juice Labeling Claims the Cold Treatment

Holland & Knight LLP on

A New York federal district court dismissed a putative class action asserting violations of state and federal consumer protection laws, fraud and unjust enrichment arising from claims that it was misleading to label juice...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Eases the Ability for Employers to Appeal Denials of Motions to Compel Arbitration in Federal Court

In Coinbase, Inc. v. Bielski, the Supreme Court of the United States resolved a circuit split over whether district courts must stay proceedings while an interlocutory appeal of a denial of a motion to compel arbitration is...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more

Goodwin

Court Dismisses Post-SPAC Class Action for Lack of Standing

Goodwin on

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York dismissed a putative securities class action against CarLotz, Inc. (CarLotz), and certain of its officers and directors on the grounds...more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023 #2

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Cade Seljak, et al. v. Pervine Foods LLC, No 21-cv-09561-NRB (S.D.N.Y. – March 3, 2023): The...more

Kilpatrick

Fifth Circuit affirms district court’s striking of class allegations and dismissal of inadequately alleged fraud-based claims

Kilpatrick on

Takeaway:  We have written several articles about motions to strike class action allegations. See, e.g., Motions to strike: Eighth Circuit reverses district court refusal to strike class allegations (July 29, 2021).  In a...more

Proskauer on Privacy

Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?

Proskauer on Privacy on

Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud...more

Dechert LLP

Dechert Cyber Bits - Issue 21

Dechert LLP on

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Ervin Cohen & Jessup LLP

Judge Permits Revised 100% Tuna Claim Against Subway To Proceed On Select Misrepresentation Theories

After succeeding in having “100% tuna” claims dismissed, Subway experienced a setback when a judge in the Northern District of California permitted certain revised claims about Subway Restaurants, Inc.’s tuna products to...more

Alston & Bird

Payments Docket - June 2022

Alston & Bird on

Welcome to the first edition of the Payments Docket, our roundup of key litigation involving the payment industry. This edition features a stolen cell phone number used to buy cryptocurrency, a pair of class actions accusing...more

Eversheds Sutherland (US) LLP

Online marketplace challenged for alleged misstatements about NFTs

On May 13, 2022, a putative class action was filed in federal court against an online secondary marketplace that sells luxury goods (e.g., sneakers, handbags, and electronics) and, recently, non-fungible tokens (NFTs) that...more

A&O Shearman

New York District Court Denies Motion To Dismiss Putative Securities Class Action Against Investment Company, Finding Plaintiffs...

A&O Shearman on

On May 4, 2022, Judge Victor Marrero of the United States District Court for the Southern District of New York denied a motion to dismiss a putative class action alleging, among other things, violations of Sections 10(b) and...more

King & Spalding

Third Circuit Reverses Certification of “Issue” Class under Rule 23(c)(4)

King & Spalding on

On September 24, 2021, the Third Circuit held that a Pennsylvania district court abused its discretion when it certified an “issue” class under Rule 23(c)(4). The Third Circuit adopted the “broad” view taken by a majority of...more

Ervin Cohen & Jessup LLP

Judge Dismisses Subway 100% Tuna Lawsuit For Now

Ervin Cohen & Jessup LLP on

A federal judge earlier this month dismissed a misrepresentation lawsuit against Subway Restaurants, Inc. and multiple affiliates concerning the sandwich maker’s claims regarding its tuna. Plaintiffs Karen Dhanowa and Nilima...more

Saiber LLC

In Case of First Impression, District of New Jersey Judge Establishes Framework to Determine Whether Parent-Subsidiary...

Saiber LLC on

District Judge Kevin McNulty of the District of New Jersey recently granted in part and denied in part a motion to dismiss for lack of personal jurisdiction. Judge McNulty’s detailed opinion provides critical guidance on how...more

King & Spalding

Second Circuit Finds Risk of Future Identity Theft Insufficient to Confer Article III Standing in a Data Security Class Action

King & Spalding on

On April 26, 2021, the Second Circuit considered—for the first time in a published decision—the question of Article III standing in the context of a data security case. In McMorris v. Carlos Lopez & Associates LLC, the court...more

King & Spalding

Southern District of Florida Dismisses RICO Claims in Putative Automotive Class Action

King & Spalding on

On March 30, 2021, the U.S. District Court for the Southern District of Florida entered an order dismissing all but one claim against Daimler AG and Mercedes-Benz USA, LLC (collectively, the “Mercedes Defendants”) in a...more

Lathrop GPM

The Franchise Memorandum - Issue # 265

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more

King & Spalding

New Jersey District Court Rejects RICO Claim in BMW “Clean Diesel” Case Under “Indirect Purchaser” Rule

King & Spalding on

On February 2, 2021, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey declined to reconsider his dismissal of a RICO claim in a putative class action against BMW and automotive part supplier...more

Faegre Drinker Biddle & Reath LLP

“Vanilla” Milk Claims Continue to Sour as Southern District of New York Dismisses Putative Class Action Complaint

As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more

Goodwin

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act

Goodwin on

Ninth Circuit Holds Loss Causation May Be Predicated on Information Potentially Available Under Freedom of Information Act; D.C. Circuit Upholds FINRA’s Permanent Ban of Broker Accused of Misconduct After Finding SCOTUS...more

49 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide