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Motion to Dismiss Consumer Protection Laws

Mintz

Connecticut Lawsuit Against Major Fossil Fuel Company Survives Motion to Dismiss

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A couple of weeks ago, a lawsuit brought by the State of Connecticut against a major fossil fuel company, alleging various violations of the consumer protection laws in Connecticut (specifically, the Connecticut Unfair Trade...more

Proskauer - Advertising Law

What’s in a Word? The Legal Battle over “Natural” in False Advertising

While class actions centered around “natural” claims remain popular with the plaintiffs’ bar, this past year has seen some growing skepticism from courts towards such lawsuits, particularly where plaintiffs fail to adequately...more

Lewitt Hackman

Franchisee 101: The Price is Right - What Payments Establish a Franchise Relationship?

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A Massachusetts district court granted a product supplier’s motion to dismiss a distributor’s counterclaims that the supplier violated state franchise sales and consumer protection laws. The court found the distributor did...more

Mintz

Vermont Files Climate Change Lawsuit Against Major Oil Companies

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Earlier this week, Vermont became the latest state to file a lawsuit against the major oil companies featuring allegations focusing on climate change. This is simply the most recent of more than two dozen lawsuits that have...more

King & Spalding

Northern District of California Dismisses “Varsity Blues” Class Action Due to Lack of Standing.

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On May 29, Judge Davila of the Northern District of California granted the defendants’ motion to dismiss two putative class actions filed against James Singer—the alleged perpetrator of the highly publicized “Varsity Blues”...more

King & Spalding

Second Circuit Affirms Dismissal of Putative Class Action Against “Natural” Orange Juice Manufacturer for Failure to State a Claim...

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On May 29, the Second Circuit held that an orange juice company’s use of the word “Natural” in its brand name was not deceptive as a matter of law, notwithstanding the presence of trace amounts of an artificial herbicide in...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

King & Spalding

Eleventh Circuit Rules That the Mere Purchase of Dietary Supplements Allegedly Sold in Violation of the FDCA Is Sufficient, by...

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A recent Eleventh Circuit decision took a broad view of what type of economic injury is sufficient to confer Article III standing, concluding that two dietary supplement companies’ alleged violations of a federal statute...more

Proskauer Rose LLP

Three Point Shot - June 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

White and Williams LLP

In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six...more

Smart & Biggar

Rx IP Update - May 2018

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An Update on Vanessa’s Law - This is a special update on the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) which was approved on November 6, 2014 (as previously reported), amending the Food and Drugs Act...more

Ballard Spahr LLP

Department of Justice: Massachusetts’s Claims Against PHEAA Preempted By Federal Law

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On Monday, January 8, 2018, the United States Department of Justice weighed in with a Statement of Interest under 28 U.S.C. § 517 in a pending state-court action (No. 1784CV02682) brought by the Commonwealth of Massachusetts...more

Morrison & Foerster LLP - Class Dismissed

Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend

On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint...more

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