Class Dismissed

May 16, 2019 - False Advertising, Class Certification, Food Misbranding, Consumer Products, Class Action
Lead Plaintiff Spreads Her Misleading Butter Case a Little Too Thin
By: Claudia M. Vetesi
In April, a New York federal court denied certification for a purported class alleging that Johnson & Johnson misled customers by placing the words “no trans fat” on labels for its Benecol buttery spreads. See Bowling v. Johnson & Johnson, et al. , 1:17-cv-03892,
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September 18, 2018 - Class Certification, FDA, Food Misbranding, Consumer Products, Class Action, Retail
Mixed Results on Class Certification for “Cereal” Plaintiff
In Hadley v. Kellogg Sales Company , Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products. On August 17, 2018, Judge
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August 01, 2018 - False Advertising, Class Certification, Class Action
Update: Ninth Circuit to Review Hyundai Pro-Defense Decision
On July 27, 2018, the Ninth Circuit issued an order granting en banc review of its decision in Hyundai and Kia Fuel Econ. Litig. , No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23, 2018). The Ninth Circuit also set oral argument for the
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July 26, 2018 - Class Action
Website User Held to Arbitration Provision Despite Renewing Subscription in Wife’s Name
On July 19, 2018, United States Magistrate Judge Mark Lane issued a Report and Recommendation recommending that United States District Judge Robert Pitman for the Western District of Texas grant a motion to compel arbitration and dismiss a putative class action on the grounds
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July 13, 2018 - Consumer Products, Class Action
Collective Actions in Europe: Another Small Step in Germany
By: Jakob Schellmann
German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust emissions scandal. This new law won’t
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May 22, 2018 - TCPA, Class Action
After ACA International, FCC Seeks Comment on Autodialer Definition
Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA International, et al. v. FCC , 885 F.3d 687 (D.C.
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March 20, 2018 - TCPA, Class Action
An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope
By: Tiffany Cheung and Julie O'Neill
Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission , No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the scope of activity that may be subject to the Telephone
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January 17, 2018 - TCPA, Class Action
TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action
By: Tiffany Cheung
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the communication practices of their upstream vendors. In Kristensen v. Credit
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January 09, 2018 - Class Certification, Class Action
California Class Actions: 2018 Update
In our California Class Actions 2018 Update, we have outlined several key cases and trends that define the current class actions landscape. From “litigation tourism” to new definitions for unfair and fraudulent, we provide a rundown on the most-watched and influential recent cases. Please
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December 26, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action, Retail
California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false advertising laws. In so doing, the court upheld the lower court’s conclusions
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