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Consumer Fraud Class Certification

Foley & Lardner LLP

Motion to Strike Damages Expert Leads to Denial of Class Certification

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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

Carlton Fields

[Webinar] 2023 Class Action Survey Results - April 11th, 12:00 pm - 1:00 pm ET

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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

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published January 2023

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

Faegre Drinker Biddle & Reath LLP

Eastern District of Virginia Denies Motion to Certify Class, Sheds Light on Rule 23(b)(3) Predominance and Superiority...

The U.S. District Court for the Eastern District of Virginia analyzed Federal Rule of Civil Procedure 23(b)(3)’s predominance and superiority requirements for class actions in a recent decision denying a motion to certify a...more

Genova Burns LLC

N.J. Supreme Court Revives Register Receipt Class Action - Warning Trial Courts Not to Dismiss Class Claims Prematurely

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Last week, the New Jersey Supreme Court decided in favor of putative class members, taking a permissive approach to class certification at the early stages of litigation. Reversing the lower courts, the New Jersey Supreme...more

Proskauer - Advertising Law

Burger King Wins “Whopper” of a Case: Federal Court Finds No Promise of Method of Preparation in Advertisements for Meatless...

Judge Raag Singhal of the Southern District of Florida recently granted Burger King’s motion to dismiss a putative class action challenging its advertising for its plant-based “Impossible Burger,” and its motion to deny class...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more

Skadden, Arps, Slate, Meagher & Flom LLP

2020 Class Action Outlook

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

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more

Carlton Fields

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

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A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

Holland & Knight LLP

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

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• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or affect....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | January 2018 #3

House Panel Questions FDA Officials on Food-Recall Audit - One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials...more

Blank Rome LLP

Class Gets the Squeeze: Class Certification Denied in In Re: Tropicana Orange Juice Marketing and Sales Practices Litigation,...

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Consumer class action litigation—often accusing the defendant company of deceiving its customers—strikes at the heart of a company’s reputation, goodwill, and brand—all of which are often built over the course of many years...more

Blank Rome LLP

EZ-Pass Paid and Certified: Nationwide Class Certification Granted under New Jersey’s Consumer Fraud Act

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A nationwide class of 17.9 million members was certified by a judge in the District of New Jersey last week in Mendez v. Avis Budget Group, Inc. and Highway Toll Administration LLC. The Court also granted Florida and New...more

Carlton Fields

Which Comes First Standing Or Class Certification? Northern District Of Illinois Weighs In

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The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each claim before the motion...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Fraud Class Action

House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201....more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Fall 2016"

This is the 13th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Carlton Fields

Third Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify Law School Tuition Class

Carlton Fields on

The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates, thereby inducing students to pay inflated...more

Genova Burns LLC

Third Circuit Rejects Class Certification for Widener Law Grads

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A panel of the Third Circuit Court of Appeals refused to allow class certification for a group of Widener University School of Law Graduates who allege that the law school inflated postgraduate employment rate statistics in...more

Blank Rome LLP

New Jersey Appellate Division Reverses Class Certification in TGI Friday’s Consumer Fraud Class Action

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Action Item: The Superior Court of New Jersey - Appellate Division reversed a trial court’s class certification decision in a consumer class action arising from whether TGI Friday’s decision to not post drink prices on its...more

Alston & Bird

Class Action Round-Up: Fall 2015

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Where the (Class) Action Is - Moving into the second half of 2015, there is no shortage of interesting cases across the spectrum of class action issues and claims. In this edition of the Round-Up, courts continue to...more

Ballard Spahr LLP

7th Circuit Rejects “Heightened” Ascertainability Requirement for Class Actions

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Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable...more

Blank Rome LLP

Standing after Neale: Third Circuit Clarifies Jurisdictional Standing and Predominance Analysis in Consumer Class Actions

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On July 22, 2015, in Joanne Neale, et al. v. Volvo Cars of North America, LLC, et al., the Court of Appeals for the Third Circuit vacated and remanded the United States District Court for the District of New Jersey’s decision...more

Locke Lord LLP

Consumer Class Actions Against Liquor Producers Follow Familiar Path

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Plaintiffs’ class action attorneys tend to follow trends. They are a savvy breed of attorney, at once creative and lazy (or efficient, depending on one’s perspective). One attorney discovers a statute, claim, or industry, and...more

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