Complex litigation—such as federal RICO class actions—often begets more complex litigation. ...more
3/31/2026
/ American Pipe & Construction Co. v. Utah ,
Continuing Violation Theory ,
Discovery Rule ,
Dismissal With Prejudice ,
Federal Rules of Civil Procedure ,
Fraudulent Concealment ,
Jurisdiction ,
Mail Fraud ,
Motion to Dismiss ,
Pharmaceutical Industry ,
Putative Class Actions ,
RICO ,
State Law Claims ,
Statute of Limitations ,
Tolling ,
Wire Fraud
There are two ways to win a class action – beat it on the merits or defeat class certification. In a consumer fraud class action, a common defense strategy is to evaluate whether any unique defense applies to the claims...more
2/27/2026
/ Advertising ,
Blue Diamond Growers ,
Class Certification ,
Class Representatives ,
Consumer Fraud ,
False Advertising ,
Federal Court Litigation ,
Food Supply ,
Illinois ,
Litigation Strategies ,
Marketing ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices
Opinions analyzing whether marketing statements are deceptive to reasonable consumers can be some of the more curious rulings to peruse. One such opinion was recently issued by the Northern District of Illinois in putative...more
Takeaway: Plaintiffs in class action litigation usually cast a wide net, seeking to impose liability on the broadest possible range of defendants, including out of state defendants. Accordingly, those non-resident...more
Takeaway: There are more and more cases being filed today that advance cutting-edge legal theories: cases seeking to hold energy companies liable for climate change; cases alleging that social media platforms are addictive;...more
1/30/2026
/ Consumer Fraud ,
Consumer Protection Laws ,
DraftKings ,
Gambling ,
Motion to Dismiss ,
Negligence ,
New York ,
Online Platforms ,
Product Defects ,
Putative Class Actions ,
Unfair or Deceptive Trade Practices
Takeway: Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue. When it comes to consumer fraud statutes, however, consumer...more
1/28/2026
/ Appeals ,
Ascertainable Class ,
Causation ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Federal Rules of Civil Procedure ,
Misrepresentation ,
Multidistrict Litigation ,
Predominance Requirement ,
Putative Class Actions ,
Retail Market ,
Retail Sales ,
Unjust Enrichment
Takeaway: For Article III standing purposes, an injury-in-fact must be “concrete.” Tangible harms, such as physical injury and monetary loss, are obviously concrete injuries. But data breach litigation usually involves...more
11/21/2025
/ Appellate Courts ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Injury-in-Fact ,
Personal Data ,
Standing
Takeaway: It seems that there are more and more cases being filed today that advance cutting-edge legal theories: cases seeking to hold energy companies liable for climate change; cases alleging that social media platforms...more
Takeaway: We have written a number of articles dealing with “data interception class actions” alleging claims based on the use of session replay software and other data collection practices by website operators. See, e.g.,...more
Takeaway: We have written about false advertising cases alleging that consumer products are contaminated with some sort of harmful substance. See, e.g., Federal court dismisses false advertising claims, ruling that studies...more
Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more
6/30/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Appeals ,
Corporate Counsel ,
Employment Litigation ,
Fraudulent Concealment ,
Motion to Dismiss ,
No-Poaching ,
Putative Class Actions ,
Sherman Act ,
Statute of Limitations
Takeaway: We have discussed the pleading requirements that apply to cases alleging that products are toxic or otherwise contaminated with some sort of harmful substance or chemical. See Federal court dismisses false...more
Takeaway: Unjust enrichment is one of the most commonly asserted causes of action in class actions seeking compensatory damages. Equitable considerations form the foundation of unjust enrichment claims under the laws of...more
Takeaway: It seems that more and more false advertising cases are filed these days alleging that consumer products are contaminated with some sort of harmful substance or chemical. At their core, these types of cases depend...more
Takeaway: Former FBI Director Robert Mueller once famously said, “There are only two types of companies: those that have been hacked and those that will be.” These days cyberattacks seem to happen all the time. And when a...more
Takeaway: A civil RICO claim – especially one framed as a putative class action – can be a powerful cause of action, given the civil remedies for RICO violations, which include treble damages and mandatory fee-shifting. ...more
Takeaway: The Sixth Circuit recently emphasized how demanding Rule 23’s commonality requirement can be. In In re Nissan North America, Inc. Litigation, --- F.4th ----, No. 23-5950, 2024 WL 4864339 (6th Cir. Nov. 22, 2024),...more
Takeaway: RICO defendants usually move to dismiss civil racketeering claims. And when it comes to motions to dismiss, RICO defendants almost always prefer to be in federal – as opposed to state – court. Accordingly,...more
Takeaway: When it comes to mislabeling and related claims, and especially when human safety is not implicated, express preemption under the federal Food, Drug and Cosmetic Act (FDCA) remains a powerful tool in the hands of...more
Takeaway: Sometimes it seems a district court is determined to certify a class at all costs. In Ford v. TD Ameritrade Holding Corp., --- F.4th ----, No. 22-3232, 2024 WL 4021358 (8th Cir. Sep. 3, 2024), the district court...more
Takeaway: We have written many articles about the use of consumer-facing terms containing mandatory arbitration agreements. “Clickwrap” agreements – agreements that require consumers affirmatively to accept terms – are the...more
Takeaway: Is a label clearly false or only ambiguously false? Where a label is ambiguous – and therefore subject to an interpretation that would render it deceptive – the ambiguity can be clarified by fine print. The fine...more
Takeaway: We have written many articles about how businesses seek to enter enforceable arbitration agreements containing class action waivers with their customers, whether through “browsewrap” or “clickwrap” agreements or by...more
Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be...more
Takeaway: We have written many articles about including class action waivers in consumer-facing arbitration agreements as a means of reducing class action litigation risk. The key to enforcing those waivers is the...more