News & Analysis as of

Fraudulent Concealment Class Action

Harris Beach PLLC

PFAS Class Action Dismissed for Failure to Plead Mascaras Contained PFAS

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The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc. (“L’Oreal”) alleging its mascara products contained per-...more

Polsinelli

The 2019 SEC Token Framework Does Not Extend the Statute of Limitation for Token Class Action Lawsuit under Recent SDNY Ruling

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In 2020, plaintiffs filed a series of class action lawsuits alleging that a number of digital tokens were actually “securities” and, thus, were illegally issued or traded on exchanges. Accusing a number of issuers and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle

Eleventh Circuit Rejects Administrative Feasibility Requirement: What Does the Future Hold for Ascertainability? As we discussed in our Spring 2017 issue of The Class Action Chronicle, courts have struggled to define the...more

Proskauer - Advertising Law

Split Ninth Circuit Panel Vacates $24M Judgment in Hospital Gown Advertising Class Action

A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir....more

King & Spalding

Ninth Circuit Reverses District Court’s Ruling that Class Representative Had Standing to Sue Company with Whom It Had No Dealings...

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On July 23, the Ninth Circuit vacated the district court’s judgment in favor of the plaintiff in Bahamas Surgery Center LLC v. Kimberly-Clark Corporation, a class action that was tried to a $454 million verdict in April 2017....more

King & Spalding

District Court Grants Summary Judgment to Ford in Case Involving Allegedly Defective Sunroofs, Holding that the Low Incident Rate...

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On February 11, 2020, the U.S. District Court for the Western District of Washington granted Ford’s motion for summary judgment on the plaintiff’s fraud and consumer protection claims, concluding that the plaintiff had not...more

Foley & Lardner LLP

RESPA Class Action Case Cannot Survive Scrutiny under Spokeo or Menominee

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On December 7, 2018, a federal court in Maryland issued an important ruling in a Real Estate Settlement Procedures Act (“RESPA”) case (“Baehr”), granting a defense motion for summary judgment. The court dismissed the action...more

Bradley Arant Boult Cummings LLP

CNA Long-Term Care Class Action — Could It Have Long-Term Consequences?

A long-term care insurance class action filed in May 2018 highlights the importance of clearly defined policy language. At dispute in the lawsuit pending in the United States District Court for the Northern District of...more

Seyfarth Shaw LLP

Sixth Circuit Holds Class Certification On Issues Is Appropriate In Toxic Tort Action

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Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more

Proskauer Rose LLP

Three Point Shot - September 2017

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On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more

Morrison & Foerster LLP - Class Dismissed

Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend

On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint...more

Carlton Fields

The Ninth Circuit Finds California’s Illustration Statutes Can Serve as the Predicate for UCL Liability

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On March 3, the Ninth Circuit in Walker v. Life Ins. Co. of the SW, ruled that an alleged violation of California’s life insurance illustration statutes could serve as a predicate for liability under the California Unfair...more

Proskauer - Minding Your Business

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Carlton Fields

RESPA Class Action Alleging “Captive Reinsurance Scheme” Allowed To Proceed

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A Pennsylvania federal court recently denied a motion to dismiss a putative class action lawsuit in which homeowners claim violations of the Real Estate Settlement Procedures Act of 1974 based on an alleged “captive...more

Pierce Atwood LLP

The Plaintiff Who Knew Too Much: First Circuit Dismisses Effort to Toll Statute of Limitations

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On June 3, 2014, the First Circuit affirmed the dismissal of a putative class action filed by a group of former workers in a French luggage factory against Bain Capital, LLC in the District of Massachusetts. The case...more

BakerHostetler

First Circuit Rejects Equitable Tolling In Class Action Arising Out Of Plant Closing

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A luggage plant in France closes in 2007, so a class action suit for French post-termination benefits is brought against a former investor in Massachusetts in late 2011? Former Justice Souter joins the majority in the First...more

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