News & Analysis as of

Motion to Dismiss Retailers

K&L Gates LLP

Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

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On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...more

Moore & Van Allen PLLC

As States Begin to Ease COVID-19 Restrictions, How Are Businesses Faring in Business Interruption Coverage Disputes?

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When state and local governments began issuing shutdown and stay-at-home orders a little over a year ago, it was difficult to fathom how long businesses would be struggling to operate within the boundaries of the...more

Morrison & Foerster LLP

Court Finds For Retailers In Denying Motion To Dismiss In COVID-19 Damages Suit Against Insurer

On April 27, 2020, five Missouri retailers filed a putative class action suit against their insurance provider, The Cincinnati Insurance Company, for breach of contract relating to the insurer’s denial of coverage under the...more

Downs Rachlin Martin PLLC

Vermont Court Rules That Commercial Landlord Cannot Be Liable for Injury to Retail Tenant’s Invitee Involving Tenant’s Operations...

In Mowrey v. Eagle Rutland, LLC, et al., Vt. Super. Ct., Docket No. 284-5-18 Rdcv (Aug. 5, 2020), the court held that a non-possessory, arms-length commercial landlord that leased the premises to a supermarket could not be...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

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Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Alston & Bird

Food & Beverage Digest - December 2019

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Take a spin through 10 key items from 2019, some...more

Butler Weihmuller Katz Craig LLP

And You Are Not Done; The Future Of Products Liability Claims Against Amazon Still Uncertain

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Troutman Pepper

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

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The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

McDermott Will & Emery

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s...more

Goodwin

Motion to Dismiss Denied in Remicade Antitrust Suit

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The District Court for the Eastern District of Pennsylvania has denied Johnson & Johnson and Janssen’s (“J&J”) motion to dismiss antitrust claims filed by Walgreens and Kroger concerning sales of J&J’s Remicade. In the case,...more

Akin Gump Strauss Hauer & Feld LLP

District Court Holds That Distributor Relationships Alone Do Not Establish Venue

A federal district court in the Southern District of Texas recently addressed venue issues relating to supplier-distributor relationships. Given the defendant’s lack of physical presence in the district, Chief Judge Lee...more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

BCLP

Eleventh Circuit to Consider Whether Prior Settlement Moots Website Accessibility Case

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The Eleventh Circuit Court of Appeals is set to hear oral arguments on April 4 concerning whether a website accessibility plan pursuant to a prior settlement agreement moots injunctive relief claims under Title III of the...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

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Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

McDermott Will & Emery

Litigation Alert | Third Circuit Reaffirms Scope of Federal Priority Rules

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On December 4, 2017, the US Court of Appeals for the Third Circuit issued its much-anticipated precedential opinion in Marathon Petroleum Corp. et al., v. Secretary of Finance et al., No. 16-4011. The opinion affirms the...more

BCLP

Recent Cases Provide Recipe for Resolving Consumer Class Actions Through Arbitration

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Recent court decisions confirm the possibility of mandatory arbitration as a viable option for retailers frustrated with the rising costs of litigation, and the inability to recover their attorneys’ fees, for frivolous class...more

BCLP

Website Accessibility Update: California Federal Court Denies Hobby Lobby’s Motion to Dismiss

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Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more

Smith Debnam Narron Drake Saintsing & Myers,...

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures falls short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

Smith Debnam Narron Drake Saintsing & Myers,...

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

Knobbe Martens

Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

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On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate...more

Foley & Lardner LLP

Seventh Circuit Reverses Package Size Promotional Service Decision Under the Robinson-Patman Act

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On August 12, 2016, the Seventh Circuit reversed the district court decision allowing Woodman’s Food Market, Inc.’s (Woodman’s) price discrimination lawsuit against The Clorox Company and The Clorox Sales Company (Clorox) to...more

Williams Mullen

Sandy Hook Lawsuit Aims to Weaken PLCAA, While Judge Denies Motion to Dismiss

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In January, we analyzed the immunities provided to firearms industry members under the Protection of Lawful Commerce in Arms Act (PLCAA). Despite statements by some political candidates, the PLCAA provides protection only in...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

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