News & Analysis as of

Motion to Dismiss Class Action Starbucks

Baker Botts L.L.P.

Amazon and Starbucks Escape Biometric Privacy Class Action in Federal Court

Baker Botts L.L.P. on

Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more

Kilpatrick

Second Circuit false advertising class actions predicated on puffery are doomed to fail

Kilpatrick on

Takeaway: Although a district court deciding a Rule 12 motion to dismiss must draw every inference in favor of a plaintiff, courts know puffery when they see it. In George v. Starbucks Corp., --- Fed. Appx. ----, No....more

Harris Beach Murtha PLLC

Emotional Distress Claims in Toxic Exposure Case Survive Motion to Dismiss

The recent rejection of an attempt to dismiss emotional distress claims offers a prescient reminder of the wide breadth of claims a toxic tort plaintiff may prosecute, and the array of damages that may be recoverable. ...more

Carlton Fields

Nevada Federal District Court Follows National Trend, Dismisses Data Breach Class Action for Lack of Standing

Carlton Fields on

In granting a motion to dismiss a data breach putative class action lawsuit, the District of Nevada joined the majority of federal district courts in holding that plaintiffs whose personal information was stolen lack Article...more

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