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Alston & Bird

Class Action & MDL Roundup 2023 Q2 – Ascertainability Lives!

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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

Patterson Belknap Webb & Tyler LLP

Federal Court to Consider Constitutionality of Juiced-Up Statutory Damages Awards in Consumer Class Actions

Patterson Belknap Webb & Tyler LLP on

New York’s consumer protection laws are particularly attractive to the plaintiff’s bar.  One reason is the availability of “statutory” damages under New York’s General Business Law (“GBL”).  While most states’ consumer...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Clarifies Standing Requirements – Implications for Class Action Defendants in Data Security, Privacy, and False...

Patterson Belknap Webb & Tyler LLP on

On June 25, the Supreme Court held in a 5-4 decision that Article III prohibits certification of a class and a damages award where the majority of class members lack actual injury.  In TransUnion v. Ramirez, the Ninth Circuit...more

Morrison & Foerster LLP - Class Dismissed

Fool Me Once, No Injunctive Relief On Behalf Of A Class Of Purchasers

Morrison & Foerster LLP - Class Dismissed on

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s...more

Manatt, Phelps & Phillips, LLP

Time To Settle: Fossil Reaches $4.5M Deal Over Outlet Pricing

Manatt, Phelps & Phillips, LLP on

Time has run out on a deceptive pricing lawsuit against Fossil, with the parties reaching a $4.5 million settlement agreement. Timur Safransky accused the timepiece company of using deceptive comparative price tags on...more

Ballard Spahr LLP

California Supreme Court Poised to Provide Guidance on Ascertainability in Class Actions

Ballard Spahr LLP on

On May 8, 2019, the California Supreme Court will hear oral argument regarding an important issue involving class certification in California state courts: how to apply the requirement of ascertainability in the class...more

Kramer Levin Naftalis & Frankel LLP

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

Kramer Levin Naftalis & Frankel LLP on

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

Goodwin

Business Litigation Reporter - April 2017

Goodwin on

Representations and Warranties Insurance Policies – Lessons from the Claims Process - Representations and warranties insurance policies (R&WI Policies)—designed to protect parties from loss arising from breaches of...more

Mintz - Consumer Product Safety Viewpoints

The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?

Mintz - Consumer Product Safety Viewpoints on

A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes...more

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