News & Analysis as of

Summary Judgment Consumer Fraud

Faegre Drinker Biddle & Reath LLP

A KIND Result After Insufficient and Biased Consumer Perception Evidence

Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more

Troutman Pepper

NJ Appellate Division Finds No Private Right of Action for Debt Purchaser’s Alleged Failure to Obtain State License

Troutman Pepper on

Recently, the New Jersey appellate division held that a debt purchaser is not liable under the New Jersey Consumer Fraud Act (NJ Fraud Act) for failing to obtain a license under the New Jersey Consumer Finance Licensing Act...more

Harris Beach PLLC

New Jersey Supreme Court Finds Products Liability Act Does Not Bar Consumer Fraud Act Claims Alleging Express Misrepresentations

Harris Beach PLLC on

In responding to the question of law certified by the United States Court of Appeals for the Third Circuit pursuant to Rule 2:12A-3, the New Jersey Supreme Court answered in the affirmative that a claim under the New Jersey...more

McCarter & English, LLP

Sun Chemical v. Fike: NJ Product Liability Act Claims Can Be Paired With NJ Consumer Fraud Act Claims

The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”). The...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit’s Ingredients List Rule Keeps Nestlé In Hot Water With Denial Of Nestlé’s Statute Of Limitations-Based Summary...

The Northern District of California recently applied the Ninth Circuit’s ingredients list rule in a putative class action decision. The Court refused to grant Nestlé USA Inc.’s summary judgment motion based on the statute of...more

Proskauer - Advertising Law

Seventh Circuit Finds No Evidence of Deception in Aloe Vera Gel Labeling Lawsuit

Last month, a Seventh Circuit panel unanimously affirmed the district court’s grant of summary judgment dismissing a consumer class action alleging that Fruit of the Earth and its retailer clients deceptively labeled aloe...more

Goodwin

Financial Services Weekly Roundup - July 2018 #2

Goodwin on

Editor's Note - In This Issue. California enacted a new data privacy law; the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert highlighting deficiencies observed in recent examinations of...more

K&L Gates LLP

The New Jersey Appellate Division Confirms that TCCWNA Applies Only to “Consumers”

K&L Gates LLP on

In the wake of a flood of consumer class-action lawsuits under the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”), the New Jersey Appellate Division recently put the brakes on plaintiffs’ lawyers in...more

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