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Putative Class Actions Misleading Statements

A&O Shearman

Northern District Of California Grants Motion To Dismiss Federal Securities Class Action Against Subscription Streaming Services...

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On November 26, 2024, Judge Jon S. Tigar of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities fraud class action against a subscription streaming...more

A&O Shearman

Middle District Of Florida Denies Motion To Dismiss Federal Securities Action Against Retailer Holding Plaintiff Adequately...

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On December 4, 2024, Judge John L. Badalamenti of the United States District Court for the Middle District of Florida denied a motion to dismiss a putative securities fraud action against a retail company (the “Company”), its...more

Ankura

Classwide Calculations May Get Price Premium Damages Wrong

Ankura on

Economic damages in many consumer class actions — including false advertising and product defect class actions — are estimated using a “price premium” approach. In these matters, plaintiffs assert that putative class members...more

A&O Shearman

Southern District Of New York Dismisses Securities Act Claims As Untimely And Pares Claims In Putative Class Action Against...

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On November 4, 2024, Judge Denise L. Cote of the United States District Court for the Southern District of New York granted in part and denied in part a motion to dismiss a putative class action brought under Sections 10b-5...more

A&O Shearman

Ninth Circuit Affirms Dismissal Of Securities Class Action With Prejudice Against Enterprise Data Platform For Repeated Failure To...

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On November 19, 2024, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action complaint alleging that a data management and analytics software company (the “Company”) and...more

Perkins Coie

Notable Ruling Roundup - October 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Gracemarie Venticinque v. Back to Nature Foods Company, LLC, No. 23-1236-cv (2d Cir. 2024): In...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Perkins Coie

Notable Ruling Roundup - June 2024

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Lindsay Finster v. Sephora USA Inc., No. 6:22-cv-01187 (N.D.N.Y. – March 15, 2024): The Northern District of New York dismissed a putative class action alleging that the marketing and labeling of defendant’s “Clean at...more

A&O Shearman

Northern District Of California Grants Motion To Dismiss Putative Securities Class Action Against Apparel Company For Failing To...

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On May 10, 2024, Judge Araceli Martínez-Olguín of the United States District Court for the Northern District of California granted a motion to dismiss a putative class action against a global footwear and apparel company...more

Jones Day

Class Action "Greenwashing" Bottled Water Lawsuit Survives Motion to Dismiss in New York Federal Court

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On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Perkins Coie

Weekly Notable Ruling Roundup - December 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Zaida Hicks, et al. v. L’Oreal USA, Inc., No. 1:22-cv-03926-JPC (S.D.N.Y. – September 30,...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023

In This Case, What You Can't See in Fact Is Not There: FTC Takes Down the Makers of the Invisible COVID Mask - After what has seemed like a lull in both diagnosed COVID cases and the enforcement variety—both the virus and...more

Perkins Coie

Weekly Notable Ruling Roundup - November 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Kerstine Bryan v. Del Monte Foods, Inc., No. 4:23-cv-00865-MMC (N.D. Cal. – October 19, 2023):...more

A&O Shearman

Eastern District Of New York Sustains Securities Act Claims And Dismisses Exchange Act Claims In A Putative Class Action Against...

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On September 25, 2023, Judge Pamela K. Chen of the United States District Court for the Eastern District of New York granted in part and denied in part a motion to dismiss a putative securities class action alleging that an...more

A&O Shearman

Southern District Of New York Grants Motion For Reconsideration And Motion To Dismiss Class Action Against Pharmaceutical And...

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On August 21, 2023, Judge Paul A. Crotty of the United States District Court for the Southern District of New York granted a motion for reconsideration of his denial of an earlier motion to dismiss a putative securities class...more

Ballard Spahr LLP

Mum’s the Word: Pegasystems Reminds Companies to Think Hard Before Denigrating Pending Claims

Ballard Spahr LLP on

Summary - A recent ruling on a motion to dismiss in a shareholder putative class action, brought by an investor against software company Pegasystems (Pega) in the District of Massachusetts, should give legal leaders and...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023 #4

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Tara Amado v. The Procter & Gamble Co., No. 3:22-cv-05427-MMC (N.D. Cal. – June 8, 2023): The...more

A&O Shearman

Eleventh Circuit Affirms Dismissal Of Putative Class Action Against Direct-To-Consumer Marketing Company For Failure To Adequately...

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On August 8, 2023, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a putative class action asserting claims under the Securities Exchange Act of 1934 against a direct-to-consumer...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more

Goodwin

Court Dismisses Post-SPAC Class Action for Lack of Standing

Goodwin on

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York dismissed a putative securities class action against CarLotz, Inc. (CarLotz), and certain of its officers and directors on the grounds...more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space....more

ArentFox Schiff

Honey I Shrunk the Whisky? Class Action Alleges Fraud over Mini Bottle Labeling

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An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more

Harris Beach Murtha PLLC

Medical and Life Sciences: Year in Review 2022

From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - December 2022

FDA Seeks Comments on Food Allergen Labeling Guidance - The U.S. Food and Drug Administration (FDA) has issued two guidance documents explaining the agency's current thinking on issues relating to food allergen labeling...more

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