Class Dismissed

August 31, 2016 - False Advertising, Class Action, 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. Hofmann v. Dutch, LLC , No. 3:14-cv-02418-GPC-JLB (S.D. Cal. Aug. 16, 2016). The court initially rejected the proposed settlement
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August 17, 2016 - Class Action
Trending Now: Article III Standing After Spokeo
By: Claudia M. Vetesi
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
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August 10, 2016 - Product Liability, Consumer Products, Class Action
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance
The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp ., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims. Plaintiff Kathleen
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July 20, 2016 - Internet of Things, Consumer Products, Class Action
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this client alert. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action
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May 17, 2016 - Class Action
The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?
On May 16, 2016, the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for a violation
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April 28, 2016 - False Advertising, Class Certification, Class Action, Retail
Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action
A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell, et al. v. Kohl’s Department Stores, Inc. , 5:15-cv-01143 (C.D.
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April 27, 2016 - Class Certification, Product Liability, Consumer Products, Class Action
What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case
On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone to staining clothes and leaving them with a moldy smell,
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April 26, 2016 - FDA, Food Misbranding, Consumer Products, Class Action
Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals
We’ve recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA’s consideration of food labeling issues, such as those involving evaporated cane juice (ECJ), the term “natural” or the presence of partially
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April 05, 2016 - Class Action
California Court of Appeal Weighs in on Enforceable “Browsewrap” Arbitration Agreements in ProFlowers Case
The California Court of Appeal (2d App. Dist., Div. 3) recently joined the ever-evolving body of case law addressing the enforceability of so-called “browsewrap” arbitration agreements. In Long v. Provide Commerce, Inc. , — Cal.Rptr.3d —-, No. B257910, 2016 WL 1056555 (Ct. App. Mar.
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April 01, 2016 - False Advertising, Class Action
Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice
The Rutter Group’s Bus. & Prof. C. § 17200 Practice 2016 update is now available. MoFo’s own William Stern is the author of The Rutter Group’s treatise , which covers plaintiff and defense representation under California’s unfair competition and false advertising laws as well
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Topic Archives: Class Action

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

Trending Now: Article III Standing After Spokeo

By: Claudia M. Vetesi

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case

Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

California Court of Appeal Weighs in on Enforceable “Browsewrap” Arbitration Agreements in ProFlowers Case

Morrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter Group’s Bus. & Prof. C. § 17200 Practice