Motions to dismiss in consumer fraud cases often focus on the element of deception—whether a reasonable consumer would be deceived by the statement or practice at issue. But there is another element of statutory consumer...more
A federal court in New York recently granted a motion to dismiss claims that ice cream labeled “vanilla” misleads consumers into believing the product’s flavor comes exclusively from vanilla beans or extract, when in fact...more
The Ninth Circuit recently rejected a plaintiff’s request for attorneys’ fees under the so-called catalyst theory where the changes the defendant made in an effort to effectively moot the case were different from the changes...more
They are the words in-house counsel dread to see in the caption of a new lawsuit: “on behalf of themselves and all others similarly situated.” ERISA class actions present special challenges and risks to plan sponsors and...more
6/20/2018
/ Article III ,
Breach of Duty ,
Class Action ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Exhaustion Doctrine ,
Fiduciary Duty ,
FRCP 23(b)(3) ,
Injury-in-Fact ,
Standing ,
Statute of Limitations