News & Analysis as of

Motion to Dismiss Class Action

Carlton Fields

Practical Thoughts for Sponsors About Current ERISA Forfeiture Litigation

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A notable trend in ERISA litigation has emerged as in-house attorneys look to mitigate the risks of coming waves of class action litigation. Beginning in late 2023, there have been several challenges to the use of forfeiture...more

Kelley Drye & Warren LLP

Court Finds Target ​“Clean”- Washing Complaint Will Move Forward

Last week, a federal court in the District of Minnesota struck down Target’s motion to dismiss a class action complaint against the company for its ​“Target Clean” line of beauty products, because the Court said it could not...more

A&O Shearman

Eastern District Of New York Grants In Part And Denies In Part Motion To Dismiss Securities Class Action Against Online Clothing...

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On September 25, 2024, Judge Orelia E. Merchant 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 against an...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

The Wagner Law Group

Forfeiture Cases – Update

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Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer...more

A&O Shearman

Southern District Of New York Grants Motion To Dismiss Putative Securities Class Action Against Cannabis Company For Failure To...

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On July 17, 2024, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York granted a motion to dismiss a putative securities class action against a cannabis company and three of its officers....more

Pierce Atwood LLP

In Trio of Decisions, Supreme Court Resolves Circuit Splits on Arbitration

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Three recent Supreme Court Decisions—Coinbase v. Suski, Smith v. Spizzirri, and Bissonnette v. LePage Bakeries—based on consumer and employment disputes have resolved significant circuit splits over arbitration. These cases...more

Klein Moynihan Turco LLP

E-Mail Wiretap Case Dismissed

A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No....more

Seyfarth Shaw LLP

Authors Fight Court Order to Produce Pre-Suit Testing Data from ChatGPT in OpenAI Copyright Lawsuit

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Sarah Silverman and her fellow author plaintiffs are fighting a judge’s recent order requiring them to disclose the prompts and outputs they used in preparation for filing their class action lawsuit against ChatGPT owner...more

Seyfarth Shaw LLP

In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act - Seyfarth's...

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A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more

Kohrman Jackson & Krantz LLP

Someone is Watching You: The Complexities of Personal Jurisdiction in the Digital Age

The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit...more

The Wagner Law Group

District Court Denies Motion to Dismiss Forfeiture Complaint

The Wagner Law Group on

In December, we suggested, contrary to popular opinion, that serious attention should be given to the filing of several class action lawsuits alleging that plan fiduciaries violated ERISA by applying forfeitures to reduce...more

Lathrop GPM

North Carolina Federal Court Rejects Hotel Franchisor’s Motion to Dismiss Customer’s Breach of Contract Claim

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A federal court in North Carolina denied a hotel franchisor’s motion to dismiss a customer’s breach of contract claim. Brittian v. Extended Stay America, 2024 WL 1841600 (W.D. N.C. Apr. 26, 2024)....more

King & Spalding

Delaware Chancery Court Issues Precedential Decision Dismissing Claims Challenging “De-SPAC” Merger Disclosures

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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

A&O Shearman

Southern District Of Florida Dismisses Suit Against French Content Moderation Company And Previews Acceptable Amended Complaint

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On May 22, 2024, Judge Cecilia M. Altonoga of the United States District Court for the Southern District of Florida granted a motion to dismiss a putative shareholder action asserting claims under Sections 10(b) and 20(a) of...more

A&O Shearman

California District Court Grants Motion To Dismiss Investor Class Action Against Rideshare Company

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On May 14, 2024, Judge Rita F. Lin of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities class action against a ridesharing company (the “Company”) and...more

Foley & Lardner LLP

Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels

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Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more

Orrick, Herrington & Sutcliffe LLP

Bank granted MTD in credit card sign-up bonus class action

On April 15, the U.S. District Court for the Northern District of California entered an order granting a defendant bank’s motion to dismiss a plaintiff’s claims relating to alleged false advertising in connection with a...more

Proskauer - Employee Benefits & Executive...

Massachusetts District Court Grants Motion to Dismiss 401(k) Fiduciary Breach and Prohibited Transaction Claims

A federal district court in Massachusetts dismissed ERISA fiduciary breach and prohibited transaction claims against 401(k) plan fiduciaries, ruling that the prohibited transaction claims were time-barred and the fiduciary...more

Sunstein LLP

The New England Patriots Latest Catch: A Privacy Class Action Lawsuit

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The New England Patriots have found themselves on the receiving end of a purported class action lawsuit alleging a violation of the Video Privacy and Protection Act (“VPPA”). Congress enacted the VPPA in 1988 in response to a...more

K&L Gates LLP

Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

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On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...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

Proskauer - Employee Benefits & Executive...

California District Court Denies Motion to Dismiss 401(k) Excessive Fee and Underperformance Claims

A California district court recently denied a motion to dismiss claims that the fiduciaries of a 401(k) plan breached their ERISA fiduciary duties of prudence and loyalty by selecting underperforming, high-cost investments...more

Orrick, Herrington & Sutcliffe LLP

District Court addresses plain meaning of “pattern or practice of noncompliance” under RESPA.

On February 7, the U.S. District Court for the District of Maryland granted in part and denied in part a defendant mortgage company’s motion to dismiss a class action lawsuit alleging RESPA violations related to escrow...more

Sheppard Mullin Richter & Hampton LLP

Bank Partnership Moves to Dismiss Class Action Asserting Violations of Georgia Rate Cap Law

On January 29, a Missouri-based bank and its Kansas-based fintech loan servicer filed a joint motion to dismiss a purported class action filed against them alleging violations of the Georgia Installment Loan Act (GILA) and...more

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