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Class Certification False Advertising Unfair Competition

Cadwalader, Wickersham & Taft LLP

Marketplace Lending Update #3: Kabbage Heads to Court

A recently filed California lawsuit raises the stakes in the ongoing challenge to the “bank origination model.” The lawsuit, Barnabas Clothing, Inc. v. Kabbage, Inc., was filed on March 22, 2018 in Superior Court in Los...more

Morrison & Foerster LLP - Class Dismissed

California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds

On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false...more

Carlton Fields

Ninth Circuit: Food Manufacturers May be Liable for Misleading Consumers if They Label Foods Containing Synthetic Citric and...

Carlton Fields on

On September 30, the Ninth Circuit Court of Appeals reversed in part a district court decision granting summary judgment to Dole Packaged Foods, LLC (“Dole”), finding that a reasonable fact finder could conclude that Dole’s...more

Morrison & Foerster LLP - Class Dismissed

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

On January 5, 2016, in Torrent v. Yakult U.S.A., Inc., U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and...more

Carlton Fields

Defects More Than Cosmetic: Beauty Product Purchasers Fail to Satisfy Rule 23

Carlton Fields on

The Southern District of New York recently denied class certification in a consolidated putative class action against a cosmetics company for breach of contract, false advertising, unfair competition, deceptive acts and...more

Carlton Fields

Certification Unhealthy: Ninth Circuit Vacates Order Certifying Class of Dietary Supplement Purchasers

Carlton Fields on

The Ninth Circuit vacated a class certification order issued by the Central District of California, finding that common issues did not predominate because plaintiff had failed to demonstrate that the alleged misrepresentation...more

Carlton Fields

California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule...

Carlton Fields on

The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff...more

Carlton Fields

California District Court Finds Commonality Lacking Under Dukes Analysis; Denies Certification

Carlton Fields on

The U.S. District Court for the Northern District of California denied certification in a false advertising case brought under California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA) and the Unfair...more

Perkins Coie

Food Litigation Newsletter - September 30, 2013

Perkins Coie on

In This Issue: - Recent Significant Developments and Rulings ..Court Partially Pops Plaintiffs’ Claims in Wrigley ..Lack of Standing Dooms Plaintiff’s Yogurt Claims ..Court Stands By its Partial Class...more

BakerHostetler

Class Certification Denied In Recent Consumer Products False Advertising Cases

BakerHostetler on

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

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