News & Analysis as of

Retail Market Class Action

Consumer Class Actions Take a Hit: Court Holds Made-For-Outlet Products Not Deceptive

by Bryan Cave on

In the face of a growing number of lawsuits against retailers for deceptive sales, advertising and pricing practices, a California court recently affirmed dismissal of a consumer’s false advertising lawsuit against The Gap,...more

Seller Beware: Advertising "On Sale" Pricing Can Lead to Legal Trouble

by Hogan Lovells on

A wave of recent putative class action cases alleging violations of federal pricing guidelines and the consumer protection laws of various states is having a major impact on the retail sector. Please see full Publication...more

Electronic Wage Statements — The Next Trap For Employers?

by Carlton Fields on

An employer dodged a bullet before a California jury this week. But the fact that a class was certified and went to a jury suggests that the plaintiff’s bar is increasingly focused on the adequacy of electronic wage...more

Retailer Liability Under The Florida Unfair And Deceptive Trade Practices Act

by Rumberger Kirk & Caldwell on

Retailer Liability Under the Florida Unfair and Deceptive Trade Practices Act - Florida retailers have long been part of products liability litigation based on their position in the chain of distribution. But retailers now...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Journal gives us a revealing long look at the true meaning behind a Morningstar investment star ranking and finds that the coveted 5-star overall rating translated into a 5-year performance worthy of that designation just...more

Ninth Circuit Says Plaintiff Might Get Fooled Again

by Carlton Fields on

Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs who know of the alleged...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Old-school retailer Lord & Taylor has reached a deal with WeWork to sell its landmark New York flagship store for $850 million. L&T will continue on with a greatly decreased department store footprint in the space, but the...more

Home Depot Settles Data Breach Class Action Case with Financial Institutions and Counsel for $42.55 million

Following its data breach in 2014, Home Depot was sued by thousands of financial institutions requesting recovery of costs associated with the issuance of new credit and debit cards to 50 million individuals affected by the...more

Food & Beverage Litigation Update | September 2017

Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Drugmaker Gilead has kickstarted a largely quiet period for big pharma deals with the announcement that it’s acquiring Kite for about $11.9 billion. Kite Pharma’s best known for its emerging cancer treatments that focus on...more

Class Action Lawsuits on the Rise under New Jersey’s Consumer Protection Laws – Which Retailers Will Be Targeted Next?

by Goulston & Storrs PC on

Does your retail business conduct sales online? For most retailers today, the answer is likely yes. This means that the recent surge of class action lawsuits against merchants arising out of a consumer protection law in New...more

‘Excessive’ Shipping Fees May Be Next Target of Consumer Class Actions

by BakerHostetler on

Retailers offering online, telephone or catalog purchases may want to review the shipping fees charged to their customers in the wake of several class actions recently filed in California. Multiple retailers have been hit...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Neiman Marcus Settles Data Breach Class Action Case for up to $1.6M

We have followed the Neiman Marcus case from the moment the data breach was announced. After winding through the judicial system, Neiman Marcus has agreed to settle, and the plaintiffs have requested that the Judge approve...more

New York District Court Flushes Nationwide Class, Permits New York Classes to Go Forward

by Carlton Fields on

In three related actions before the Eastern District of New York, consumer plaintiffs who purchased moist toilet wipes manufactured and produced by Kimberly-Clark and sold by Costco alleged that defendants mislabeled the...more

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a...more

5 Key Takeaways: Doing Business in California

In the recent webinar, “Doing Business in California”, Kilpatrick Townsend partner Nancy Stagg provided an overview of the current California consumer class action and regulatory landscape for retailers and other consumer...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

No Love For Proposed Consumer Class Settlements

by Carlton Fields on

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

January 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

January was a busy month for independent contractor misclassification – and IC compliance. In addition to Lowe’s $2.85 million settlement with installers whom it classified as ICs, Lufthansa agreed to pay $1.1 million in...more

California Court Issues Surprising Decision in Discount Advertising Case

On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more

Top 10 Litigation Risks and Trends for Retailers

by Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

Class Certification Denied in TCPA Action Against Dick’s Sporting Goods

Recently, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s)...more

Keep Reading: Standing Affirmed, but Barnes & Noble Data Breach Class Action Halted

by Orrick - Trust Anchor on

It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more

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