News & Analysis as of

Putative Class Actions Breach of Contract Misrepresentation

Lathrop GPM

Ohio Federal Court Dismisses Franchisees’ Class Action Against Luxottica

Lathrop GPM on

A federal court in Ohio dismissed a putative class action brought by franchisee-eyewear sellers against their franchisor, Luxottica of America. Brave Optical, Inc. v. Luxottica of Am. Inc., 2025 WL 962827 (S.D. Ohio Mar. 31,...more

Carlton Fields

Litigation Under Construction: Recent Life Insurance and Long-Term Care Developments

Carlton Fields on

In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more

Foley & Lardner LLP

Daily Fantasy Players Picked Off by Federal District Court in Sign-Stealing Suit

Foley & Lardner LLP on

While baseball fans might be deprived of peanuts and Cracker Jacks at the ballpark this spring, the season’s first strikeout was recorded on April 3 by a federal district court in New York in Olson v. MLB. The batter was...more

A&O Shearman

District Of Nebraska Dismisses Putative Class Action Alleging State-Law Claims Against Brokerage Company As Precluded By SLUSA

A&O Shearman on

On November 15, 2019, Judge Robert F. Rossiter, Jr. of the United States District Court for the District of Nebraska dismissed a putative class action brought by investors who maintained investment accounts at a brokerage...more

A&O Shearman

Seventh Circuit Affirms Dismissal Of Putative Securities Class Action, Holding SLUSA's "Covered Class Action" Definition Includes...

A&O Shearman on

On January 24, 2019, the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of a putative securities class action against several investment advisory and financial services firms for allegedly...more

Carlton Fields

Life Insurer’s Early Dispositive Motion Achieves Narrowed Fraud Claim in COI Suit

Carlton Fields on

A recent decision by a federal district court in Maryland further illustrates the elusive nature of early dismissal of claims in far-reaching suits challenging the cost of insurance rate increases – even when some success is...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

Carlton Fields

Alleged Misrepresentations to DFS Warrant SLUSA Preclusion

Carlton Fields on

The Southern District of New York recently granted defendant’s motion to dismiss a putative class action claiming that AXA Equitable Life Insurance Company breached its contractual obligation by implementing a volatility...more

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