News & Analysis as of

Class Action Consumer Fraud

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
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

Perkins Coie

Notable Ruling Roundup - May 2024 #2

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Foley & Lardner LLP

Motion to Strike Damages Expert Leads to Denial of Class Certification

Foley & Lardner LLP on

A recent decision denying class certification in the Northern District of Illinois highlights the importance for class action defendants of challenging a named plaintiff’s damages expert as part of a strategy for opposing...more

Harris Beach PLLC

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

Harris Beach PLLC on

The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...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

Ballard Spahr LLP

New Jersey Appellate Division Affirms Dismissal of Consumer Fraud Class Action Against Debt Collector under the New Jersey...

Ballard Spahr LLP on

The Superior Court of New Jersey, Appellate Division in Jennifer Woo-Padva v. Midland Funding, LLC, recently affirmed the dismissal of consumer fraud claims brought against a debt collector pursuant to the New Jersey Consumer...more

Husch Blackwell LLP

Car Break-Ins Expose Shocking Vehicle Vulnerabilities and Spark Multidistrict Litigation: A $200M Settlement Reached by Kia and...

Husch Blackwell LLP on

A Multidistrict Litigation started by a TikTok trend of individuals breaking into cars recently settled for an estimated $200 million. The Plaintiffs alleged that the Defendants—Hyundai and Kia—knowingly sold defective...more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023 #3

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Christopher Leonard v. Mondelēz Global LLC, No 1:21-cv-10102-PAC (S.D.N.Y. – March 8, 2023):...more

Carlton Fields

Class Action Survey: What Types of Class Action Matters Are Most Prevalent? Two Types Have Driven the Bulk of Class Action...

Carlton Fields on

Labor and employment and consumer fraud matters remain the two most common types of class actions. Together, they have driven the bulk of class action spending over the last five years. The 2023 Carlton Fields Class Action...more

ArentFox Schiff

Honey I Shrunk the Whisky? Class Action Alleges Fraud over Mini Bottle Labeling

ArentFox Schiff on

An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more

Shook, Hardy & Bacon L.L.P.

Buffalo Wild Wings Deceives Consumers on its Boneless Wings, Man Alleges

An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more

Carlton Fields

[Webinar] 2023 Class Action Survey Results - April 11th, 12:00 pm - 1:00 pm ET

Carlton Fields on

The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more

Faegre Drinker Biddle & Reath LLP

Class Action Filings on the Rise in Europe, Especially in Product Liability Cases Ahead of Full Implementation of the EU’s...

Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published January 2023

Highlights from this issue include: Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more

Harris Beach PLLC

Medical and Life Sciences: Year in Review 2022

Harris Beach PLLC on

From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more

Faegre Drinker Biddle & Reath LLP

5 Major Drug and Device Developments of 2022

As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more

Jenner & Block

Montera v. Premier Nutrition Corporation: A Case Study in Aggregate Statutory Damages

Jenner & Block on

New York’s two principal consumer fraud statutes, N.Y. G.B.L. §§ 349 and 350, authorize statutory damages of $50 or $500 per violation respectively...more

Robinson+Cole Data Privacy + Security Insider

Crypto Wallet Data Breach Leads to Class Action Litigation

Plaintiffs filed suit in the District Court for the District of Delaware against Shopify Inc. and TaskUs Inc., alleging that the companies failed to implement measures to prevent a data breach that resulted in a breach of...more

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

Faegre Drinker Biddle & Reath LLP

Tenth Circuit Affirms Dismissal of Pet Food False Ad Proposed Class Action

The Tenth Circuit recently affirmed dismissal of a proposed class action against a dog food manufacturer, finding that the putative class claims were nonactionable puffery and overly subjective....more

Carlton Fields

Record Class Action Caseloads, Impacts of COVID-19 Among Findings in 2022 Class Action Survey

Carlton Fields on

Carlton Fields is pleased to share its 11th annual Class Action Survey, which provides an overview of important issues and practices related to class action matters and management. This annual publication reports on...more

Faegre Drinker Biddle & Reath LLP

Eastern District of Virginia Denies Motion to Certify Class, Sheds Light on Rule 23(b)(3) Predominance and Superiority...

The U.S. District Court for the Eastern District of Virginia analyzed Federal Rule of Civil Procedure 23(b)(3)’s predominance and superiority requirements for class actions in a recent decision denying a motion to certify a...more

Harris Beach PLLC

New York Medical and Life Sciences: Year in Review 2021

Harris Beach PLLC on

From pharmaceuticals to dietary supplements, preemption to public health, New York state and federal courts issued decisions in 2021, which further shaped the landscape in the medical and life sciences legal world. To prepare...more

Bilzin Sumberg

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

Bilzin Sumberg on

Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more

Faegre Drinker Biddle & Reath LLP

Challenging Price Premium Allegations Can Pay Off for Defendants

Motions to dismiss in consumer fraud cases often focus on the element of deception—whether a reasonable consumer would be deceived by the statement or practice at issue. But there is another element of statutory consumer...more

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