4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
The ink is barely dry on the Supreme Court decision invalidating tariffs under President Trump’s 2025 executive orders, and a class action lawsuit for failure to pass those tariff refunds on to consumers has already been...more
Takeway: Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue. When it comes to consumer fraud statutes, however, consumer...more
As we have previously reported, a group of health insurers and health insurance administrators (collectively, “CareFirst”) filed a class action complaint in 2023 against Johnson & Johnson and Janssen Biotech, Inc....more
On December 4, 2025, the U.S. District Court for the Northern District of Illinois dismissed a proposed price-fixing and information sharing class action against several manufactured housing companies and Datacomp Appraisal...more
After claims against Madison Square Garden for the use of facial recognition technology were dismissed, another individual has filed a putative class action against Queens Ballpark Company, LLC, the operator of the New York...more
If, like me, you grew up during (or otherwise lived through) the 1980s, you’ll recall the ever-present jingle “The best part of wakin’ up is Folgers in your cup” (and perhaps some creative modifications thereof by the...more
Earlier this fall, the District of Massachusetts issued another notable decision in the growing wave of privacy litigation that, as discussed, raises difficult questions concerning standing, jurisdiction, and statutory...more
On November 12, the U.S. District Court for the Northern District of California granted in part and denied in part a motion to dismiss in a class action case involving mortgage contracts claims. ...more
A recent ruling by the US Court of Appeals for the First Circuit could signal heightened exposure for lenders and servicers to state escrow-on-interest statutes, along with greater litigation risk. Case Background- In...more
In a recent blog post, we explained how Webb v. Injured Workers Pharmacy, LLC has become a touchstone for courts analyzing Article III standing in data breach class actions, citing Shea v. American International College as a...more
This week, a federal judge in the Eastern District of Michigan dismissed a lawsuit brought by four former University of Michigan football players who claimed they had been deprived of profits derived from use of their name,...more
On August 22, the U.S. District Court for the Western District of Washington granted summary judgment in favor of a defendant mortgage servicer in a class action lawsuit challenging fees charged for expedited delivery of...more
Laughing gas may make you giggle, but the legal implications are no joke. As courts begin to scrutinize the marketing of nitrous oxide, a substance long associated with harmless fun, a new lawsuit is forcing manufacturers to...more
On October 22, 2014, a class action lawsuit was filed by over 60,000 detainees of GEO Group’s Processing Immigration Center against GEO Group Inc. for violating the Trafficking Victims Protection Act and unjustly enriching...more
In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States...more
Takeaway: Unjust enrichment is one of the most commonly asserted causes of action in class actions seeking compensatory damages. Equitable considerations form the foundation of unjust enrichment claims under the laws of...more
Takeaway: A civil RICO claim – especially one framed as a putative class action – can be a powerful cause of action, given the civil remedies for RICO violations, which include treble damages and mandatory fee-shifting. ...more
For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more
Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
On June 14, 2024, a class action lawsuit was filed in the U.S. District Court for the Southern District of New York against Morgan Stanley alleging a breach of its fiduciary duty to customers and unjust enrichment by, among...more
Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more
The Delaware Court of Chancery’s recent decision in In re Hennessy Capital Acquisition Corp. IV Stockholder Litigation,1 marks the Chancery Court’s first total dismissal of a complaint alleging breaches of fiduciary duties in...more
In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more
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