Topic Archives: Class Action

Flame

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an administratively feasible way to determine who is in the putative class. ...›

Cheese
January 6, 2017Class Action, Consumer Products, FDA, Retail

California Court Denies Stay of Consumer Class Action Challenging “Natural Cheese”

On December 6, 2016, United States District Judge John A. Kronstadt for the Central District of California denied a motion to stay a class action alleging violations of the UCL, FAL, and CLRA against Kraft Foods Group, Inc. based on the term “natural cheese” on the packaging of its shredded cheddar cheese product, which allegedly contain artificial coloring. ...›

Pesticides
December 5, 2016Class Action, Environmental Law

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal laws. In Atay, citizens of Maui County had voted into law an ordinance that banned the planting and testing of genetically engineered (“GE”) plants. ...›

Denim
August 31, 2016Class Action, False Advertising, Retail

Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members

District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. The court initially rejected the proposed settlement because of its coupon offer, charitable award unrelated to the issues of the case, and attorneys’ fee provision, which the Court found excessive. ...›

Coconut

Nature’s Way Can’t Slide Out of Coconut Oil Suit

On August 12, 2016, Southern District of California Judge William Q. Hayes denied most of a motion to dismiss and motion to strike in Hunter v. Nature’s Way Products, LLC, Case No. 16cv532-WQH-BLM. The putative class action brings claims under the UCL, FAL, and CLRA, as well as claims for breach of warranty, alleging that Nature’s Way falsely labeled and advertised its coconut oil as “healthy.” ...›

Affirmed
August 17, 2016Class Action

Trending Now: Article III Standing After Spokeo

In Spokeo, Inc. v. Robins, the Supreme Court clarified the requirements necessary for plaintiffs to establish standing. The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough. Concrete harm, however, is not synonymous with tangible harm. ...›

App Developer
August 11, 2016Class Action, TCPA

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant Life360’s motion to dismiss a putative TCPA class action after determining Life360 could not be held liable under the TCPA for a text initiated by a user of Life360’s messaging and geolocation application. ...›