Mass Torts vs. Class Actions: A Tale of Two Strategies
Eighth Circuit Reverses Dismissal of Putative Class Claims
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Wearables and the Future of Intellectual Property Law
Kenneth Telesco v. Starbucks Corp., No. 7:22-cv-02687-NSR (S.D.N.Y. – July 18, 2023): The Southern District of New York granted dismissal of a putative class action alleging defendant misled consumers into believing that a...more
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
The Second Circuit recently decided an appeal of a putative consumer class action, in which New York Starbucks patrons alleged that the smell of freshly brewed coffee wasn’t the only thing wafting in the air at the famous...more
On August 27, 2021, the Second Circuit upheld dismissal of a putative class action brought by Starbucks customers under New York consumer protection statutes. The plaintiffs alleged that Starbucks’s marketing materials...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, we all need more coffee (or at least...more
Starbucks to Face Suit Over De Minimis Time - Why it matters - A putative class action against Starbucks will move forward after the U.S. Court of Appeals, Ninth Circuit applied the reasoning of the California Supreme...more
This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent. The court held that California...more
On July 26, 2018, the California Supreme Court found that employers must compensate workers for the time they spend on certain menial tasks after clocking out of their shifts. In a unanimous decision, the Court held that...more
In Troester v. Starbucks Corp., the California Supreme Court determined that the federal de minimis doctrine does not apply to California wage claims. While this ruling does not completely eviscerate this legal defense for...more
Recently, the Ninth Circuit affirmed a district court’s dismissal of a putative class action claiming that Starbucks deceived its customers by under-filling the liquids in its iced drinks and adding ice to make the cups...more
As we reported last year, slack fill litigation remains on the rise. Plaintiffs continue to file consumer lawsuits – typically putative class actions – alleging food packaging is deceptive because it contains empty space, or...more
A California federal court judge poured out what was left of a putative class action alleging Starbucks underfilled its latte and mocha beverages....more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
Supreme Court to Review Credit Card Surcharge Statutes - Why it matters: In an effort to resolve a conflict between Circuits, the Supreme Court has agreed to hear arguments in a challenge to New York’s credit card...more
NAD Recommends Goop Lifestyle Blog Clean up Its Claims - Gwyneth Paltrow's agreement to discontinue her lifestyle blog Goop for a line of dietary supplements following an inquiry by the National Advertising Division...more
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