Class Dismissed

April 24, 2017 - Product Liability, Consumer Products, Class Action
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 defect that caused the “self-healing” paint to bubble,
... ›
March 10, 2017 - Product Liability, Consumer Products, Class Action
House Passes Bill Proposing Sweeping Changes to Class Action Litigation
By: Claudia M. Vetesi
The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action litigation untouched. For example, the provisions require
... ›
February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North
... ›
December 05, 2016 - Environmental Law, Class Action
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. Alika Atay et al. v. County of Maui et. al. In
... ›
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
... ›
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
... ›
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
... ›
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
... ›
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
... ›
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.
... ›

Topic Archives: Class Action

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

House Passes Bill Proposing Sweeping Changes to Class Action Litigation

By: Claudia M. Vetesi

District Court Sacks Ginkgo Biloba False Advertising Case

The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties

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