News & Analysis as of

Motion to Dismiss 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

Sheppard Mullin Richter & Hampton LLP

Prop 65 Warnings and Acrylamide in Food – Can I Still Have My Coffee and Drink it Too?

Many of us think of coffee as a morning essential, however, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether coffee must have a Proposition 65...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

McDermott Will & Emery

McDermott Defeats New York False Claims Act Case Alleging Starbucks Failed to Collect and Remit Sales Tax

On April 9, 2018, the New York State Supreme Court granted Starbucks’ motion to dismiss claims that it had failed to collect more than $10 million of sales tax at its New York stores. Lawyers from McDermott’s State and Local...more

Weintraub Tobin

NO ICE, PLEASE!

Weintraub Tobin on

California’s unfair competition and consumer protection laws protect consumers from false representations about products or services. These laws include the Unfair Competition Law (Business and Professions Code §17200, et...more

Dorsey & Whitney LLP

Court tells Brooklyn Artist to “Fugetaboutit” on Her Copyright Claims against Starbucks

Dorsey & Whitney LLP on

Maya Hayuk is a Brooklyn artist known for her vivid murals that use a variety of geometric shapes punctuated by bright hues and layers of dripping paint. In June of 2015, Hayuk filed a complaint against Starbucks on copyright...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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