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Recently, Carlton Fields issued its 2025 Class Action Survey based on interviews of general counsel or senior counsel at more than 300 Fortune 1000 and other large companies across a variety of industries. The results from...more
On Thursday, March 13, 2025, New York Attorney General (“NYAG”) Letitia James advanced newly proposed legislation to better protect consumers and small businesses from unfair, deceptive, and abusive practices (“UDAP”). This...more
Two new class action complaints, both captioned Robins v. Lemme Inc., were filed in in California Superior Court and the Southern District of New York on February 19 and March 9, respectively....more
It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more
With a new year has come a new wave of litigation involving PFAS (per- and poly-fluoroalkyl substances), also known as “forever chemicals.” While PFAS litigation up to this point has often involved either claims of personal...more
Since the enactment of the Racketeer Influenced and Corrupt Organizations (RICO) Act, it has been invoked in civil litigation with mixed results. Congress did not intend for RICO to become a surrogate for plaintiffs’ state...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
Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more
A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more
Recently, the New Jersey appellate division held that a debt purchaser is not liable under the New Jersey Consumer Fraud Act (NJ Fraud Act) for failing to obtain a license under the New Jersey Consumer Finance Licensing Act...more
The Superior Court of New Jersey, Appellate Division in Jennifer Woo-Padva v. Midland Funding, LLC, recently affirmed the dismissal of consumer fraud claims brought against a debt collector pursuant to the New Jersey Consumer...more
A Multidistrict Litigation started by a TikTok trend of individuals breaking into cars recently settled for an estimated $200 million. The Plaintiffs alleged that the Defendants—Hyundai and Kia—knowingly sold defective...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Christopher Leonard v. Mondelēz Global LLC, No 1:21-cv-10102-PAC (S.D.N.Y. – March 8, 2023):...more
Labor and employment and consumer fraud matters remain the two most common types of class actions. Together, they have driven the bulk of class action spending over the last five years. The 2023 Carlton Fields Class Action...more
An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more
An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more
The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
Highlights from this issue include: Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more
From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more
As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more
New York’s two principal consumer fraud statutes, N.Y. G.B.L. §§ 349 and 350, authorize statutory damages of $50 or $500 per violation respectively...more
Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more