Class Dismissed

July 23, 2024 - Class Action, Consumer Products, Retail
Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted
By: Claudia M. Vetesi, Lena Gankin and Mamie Tabet
While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law that parallel federal law.
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June 17, 2024 - Class Action, Consumer Products, False Advertising, Food Misbranding
Health Halo Trend Continues With poppi "Gut Healthy" Sodas
By: Claudia M. Vetesi and Lauren N. Margolies
Are Prebiotic Drinks Plaintiffs’ Bar’s Next Target? Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans with label
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April 30, 2024 - Class Action, Consumer Products, FDA
Implied Preemption for Dietary Supplements Is Here to Stay
By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Ashley E. Quinn
On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary
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January 03, 2024 - Class Action, Appellate & Supreme Court, Consumer Products
5 Most Notable Class Action Standing Cases Of 2023
By: Erin M. Bosman, Penelope A. Preovolos and Brittany Scheinok
Erin Bosman, Penelope Preovolos and Brittany Scheinok published an article in Law360 highlighting key class action decisions from 2023 that continued the trend of a more demanding approach to the threshold issue of standing following the U.S. Supreme Court's 2021 decision in TransUnion LLC
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August 01, 2023 - Appellate & Supreme Court, Class Action
Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability
By: Katie L. Viggiani
In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is
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May 18, 2023 - Class Action, Privacy
2023 Class Action Law Forum Recap: Privacy Class Actions Panel
By: Lauren N. Margolies
As more organizations collect data to enhance their products or services, privacy is in the forefront of everyone’s minds, earning it a place in the class action spotlight. At the 2023 Class Action Law Forum, the Honorable Vince Chhabria (Northern District of California), Jean Martin
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April 05, 2023 - Class Action, Privacy, Appellate & Supreme Court
No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions
A key contested issue in data breach class actions is whether plaintiffs can satisfy Article III’s injury-in-fact requirement by alleging risk of future harm rather than actual misuse of plaintiffs’ personal information. As the number of data breach class actions filed continues to rise,
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April 03, 2023 - Class Action, Consumer Products, Privacy, Retail
Applying BIPA’s Health Care Exemption to Virtual Try-On Technologies in Light of Dior Dismissal
By: Melissa M. Crespo and Morgan O'Neill Mitruka
A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc ., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s
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February 09, 2023 - Class Action, Privacy, TCPA
Privacy Litigation 2022 Year in Review: TCPA Litigation
By: Adam J. Hunt and Tiffani B. Figueroa
In the final installment of our Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. Following the Supreme Court’s adoption of a narrow definition of “autodialers” (ATDS) in the 2021 case Facebook v. Duguid , courts across the country
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February 01, 2023 - Class Action, Consumer Products, Privacy
Privacy Litigation 2022 Year in Review: CCPA Litigation & Enforcement
By: Purvi G. Patel and Dillon Kraus
In part four of our Privacy Litigation Year in Review series, we discuss courts’ continuing efforts to construe the private right of action provision in the California Consumer Privacy Act. Last year, we noted that plaintiffs were trying to stretch the CCPA’s private right
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Topic Archives: Class Action

Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted

By: Claudia M. Vetesi, Lena Gankin and Mamie Tabet

Health Halo Trend Continues With poppi "Gut Healthy" Sodas

By: Claudia M. Vetesi and Lauren N. Margolies

Implied Preemption for Dietary Supplements Is Here to Stay

By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Ashley E. Quinn

5 Most Notable Class Action Standing Cases Of 2023

By: Erin M. Bosman, Penelope A. Preovolos and Brittany Scheinok

Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability

By: Katie L. Viggiani

2023 Class Action Law Forum Recap: Privacy Class Actions Panel

By: Lauren N. Margolies

No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions

Applying BIPA’s Health Care Exemption to Virtual Try-On Technologies in Light of Dior Dismissal

By: Melissa M. Crespo and Morgan O'Neill Mitruka

Privacy Litigation 2022 Year in Review: TCPA Litigation

By: Adam J. Hunt and Tiffani B. Figueroa

Privacy Litigation 2022 Year in Review: CCPA Litigation & Enforcement

By: Purvi G. Patel and Dillon Kraus