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Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
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CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
Employment Law Issues for Health Care Employers
Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
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Court in Crisco "Butter" False Ad Nixes Overbroad Proposed Classes - Despite surviving two motions to dismiss, an Illinois plaintiff alleging that Crisco falsely advertised its cooking spray as containing butter couldn't...more
The District of Massachusetts recently issued an opinion decertifying a class of medical students formerly enrolled at Saba University School of Medicine, a for-profit medical school in the Dutch Caribbean that is...more
Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, it’s not a breach if it isn’t stolen, a greenwashing claim is washed away, and a...more
Economic damages in many consumer class actions — including false advertising and product defect class actions — are estimated using a “price premium” approach. In these matters, plaintiffs assert that putative class members...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Montiquento Corbett, et al. v. Pharmacare U.S., Inc., No. 3:21-cv-00137-JES-AHG (E.D. Cal. –...more
In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more
Listen to Episode 6 of our podcast, the Ad Law Tool Kit Show. In this episode, partner Dan Silverman talks to host Shahin Rothermel about mitigating class action exposure. Check out the episode....more
In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more
A class action complaint filed recently against Foot Locker, Inc. in New York alleges that the footwear retailer is misleading consumers into believing that products are scarce or about to sell out, when that is not in fact...more
FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2022. In this edition, class actions gain an international flair, insurers have cures for COVID cases,...more
Welcome to the summer edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the second quarter of 2021. In this edition, plaintiffs are doing their own science (badly), SCOTUS...more
On August 31, 2021, the Court of Appeals for the Ninth Circuit issued an unpublished order revoking class certification of a consumer class in a Coca-Cola labeling case. The plaintiffs alleged that Coke’s advertising slogan...more
In a recent opinion out of the Southern District of New York, Judge William H. Pauley III certified three classes of plaintiffs in New York, California, and Florida who allege that KIND LLC, the manufacturer of KIND Bars,...more
In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being challenged appeared on the defendant’s marketing materials or product label,...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, the Ninth Circuit gets krabby,...more
Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more
On March 19, 2020, Magistrate Judge Goodman recommended certifying a Florida class of purchasers of Prevagen, a memory-enhancement product developed by Quincy Bioscience, LLC....more
On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip...more
The California Court of Appeal recently made it more difficult for plaintiffs to certify class actions based on false advertising or fraud. In Downey v. Public Storage, Inc., Case No. B291662, ___Cal.App.5th___ (Feb. 6,...more
Several pending rulings at the circuit court level have the potential to significantly influence class action law in 2020. Of greatest note, the U.S. Court of Appeals for the Sixth Circuit may determine the future of...more
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more