News & Analysis as of

Misrepresentation Standing Motion to Dismiss

McGlinchey Stafford

Third Circuit Finds Class Plaintiff Lacks Standing to Sue Under the FDCPA

McGlinchey Stafford on

The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - September 2019

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between May and August 2019....more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Carlton Fields

No Celebration For Yahoo! Data Breach Claims Survive Motion To Dismiss

Carlton Fields on

After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more

Morrison & Foerster LLP - Class Dismissed

Blue Diamond and WhiteWave Win Dismissal of Injunctive Relief Claim for Almond Milk Products

A recent decision from the Southern District of New York demonstrates the challenges consumers face in seeking injunctive relief on behalf of a class. On October 21, 2015, in Albert et al. v. Blue Diamond Growers, et al.,...more

Mintz - Securities Litigation Viewpoints

Standing of Petrobras Opt-Out Plaintiffs Challenged

A recent motion to dismiss filed by the defendants in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation challenges the standing of several institutional opt-out plaintiffs. ...more

Ballard Spahr LLP

Pennsylvania Data Breach Class Action Survives Motion to Dismiss

Ballard Spahr LLP on

A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s...more

Foley & Lardner LLP

S.D.N.Y. Dismisses Plaintiffs’ “Shadow Insurance” Class Action Claims

Foley & Lardner LLP on

On July 21, 2015, a federal judge granted AXA Equitable Life Insurance Company’s motion to dismiss claims brought against it by insureds who alleged that AXA violated New York law by engaging in various “shadow insurance”...more

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