News & Analysis as of

Class Action Consumers Legal Remedies Act

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.
Kilpatrick

The Central District of California clarifies private “injunctive relief” for purposes of McGill

Kilpatrick on

Takeaway: The Central District of California recently added class claims seeking to enjoin racial discrimination to the list of claims that fall outside the scope of “public injunctive relief” for purposes of the McGill...more

Husch Blackwell LLP

New California Class Action Highlights Recent Focus on Autopay Cancellations

Husch Blackwell LLP on

Last month, a cardholder filed a class action lawsuit in California against a national bank alleging that the bank failed to inform the consumer that his automatic payment enrollment would be canceled after a period of credit...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

Holland & Knight LLP on

A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Womble Bond Dickinson

Tom’s of Maine Takes Aim at “Duplicate” Class Actions Targeting Its “Natural” Products

Womble Bond Dickinson on

Tom’s of Maine (Tom’s) continues to make news as it litigates class actions regarding its “natural” products. In a recent motion to dismiss, Tom’s asserts that a multiplication of lawsuits on the same issues is neither in the...more

Carlton Fields

Court Holds Arbitration Provision Does Not Violate California’s McGill Rule

Carlton Fields on

The plaintiffs brought a class action suit against Extra Space Storage Inc. for false advertising, unfair competition, and violation of the California Consumers Legal Remedies Act. After the case was removed to the U.S....more

Manatt, Phelps & Phillips, LLP

Plaintiff Dirties Panera’s ‘Eat Clean’ Claims

A new class action lawsuit filed in California federal court accuses Panera Bread of false advertising based on a campaign promoting the fast-casual restaurant chain as a place to “eat clean.”...more

Manatt, Phelps & Phillips, LLP

Filling The Gap With Coupons, Counsel Fees

To settle a false advertising class action, The Gap will provide class members with 30 percent off coupons and make a $1 million payment to class counsel. Separate suits filed in 2014 against The Gap and Banana Republic...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Can a company be sued under the CCPA for using...

BCLP on

Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False...

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more

Sheppard Mullin Richter & Hampton LLP

One A Day Will Not Keep Plaintiffs Away

In a recent decision, the California Court of Appeal reaffirmed and clarified how the “reasonable consumer” standard must be applied at the pleadings stage to mislabeling claims. In simplest terms, if the packaging makes a...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: False Advertising Claims and Consumer Class Actions

In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions. Among the topics...more

Kilpatrick

Leveraging Comcast – beating predominance where challenged product has some value

Kilpatrick on

Takeaway: Alleging a “price premium” or “benefit of the bargain” damages theory is one thing. Proving it is another. A recent decision by Judge Lucy Koh of the Northern District of California shows the difficulty of...more

Manatt, Phelps & Phillips, LLP

Retailer Buys $6M Deal Over Outlet Pricing

In the latest deceptive pricing class action resolution, Ann Taylor has agreed to pay more than $6 million to settle a challenge to the sales tags at its outlet stores....more

Carlton Fields

Southern District of California Diffuses Hairdryer Class

Carlton Fields on

The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in...more

Morrison & Foerster LLP - Class Dismissed

False Advertising Suit Regarding Plum Organics Mighty 4 Puree Pouches Dismissed

On November 2, 2015, Judge Alsup of the Northern District of California dismissed a consumer class action against food manufacturer Plum Organics for failure to state a claim. In Workman et al. v. Plum Inc., D/B/A Plum...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Carlton Fields

How to Handle Claims Brought by a Class Representative Under Laws of a Different State: Lessons from the Northern District of...

Carlton Fields on

Arroyo v. TP-Link USA Corporation (N.D. Cal.) presents a varied opinion on the viability of class claims under California law, particularly as brought by a non-California class representative. Plaintiff, a Florida resident,...more

Carlton Fields

California District Court Refuses To Certify 33-Jurisdiction Class Due To Material Variations in State Warranty Law

Carlton Fields on

The U.S. District Court for the Eastern District of California certified a California-only subclass of purchasers of allegedly mislabeled KitchenAid refrigerators but denied plaintiffs’ motion to certify a 32-state and...more

Carlton Fields

California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule...

Carlton Fields on

The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff...more

Sheppard Mullin Richter & Hampton LLP

Class Action Waivers Are Enforceable Despite Any State Statutory Right To A Class Action

In Flores v. West Covina Auto Group, --- Cal.Rptr.3d ----, 2013 WL 139200 (Cal.App. 2 Dist. Jan. 11, 2013), the California Court of Appeal extended the U.S. Supreme Court’s landmark decision in AT&T Mobility, Inc. v....more

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