News & Analysis as of

Negligence Consumer Protection Laws

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

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The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

King & Spalding

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

King & Spalding on

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

Pillsbury Winthrop Shaw Pittman LLP

Consumer Class Actions in the Wake of COVID-19

One month into the declaration of a national emergency, the flood of coronavirus-related consumer class action litigation can be grouped into several distinct categories. Consumer class action suits to date have primarily...more

Bricker Graydon LLP

Court confirms that federal enactments regarding “never events” and “hospital acquired conditions” don’t alter elements that...

Bricker Graydon LLP on

Ohio’s well-established medical negligence law requires a claimant in a medical negligence action to prove three elements: (1) there was a breach of the applicable standard of care in the medical community; (2) the negligence...more

Fenwick & West LLP

Eighth Circuit Finds No Duty for Retailers to Safeguard Personal Data of Customers - Consumer Protection Violation Requires Actual...

Fenwick & West LLP on

Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more

White and Williams LLP

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Pullman & Comley, LLC

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

Pullman & Comley, LLC on

Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

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