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5 Feb 2009, 12:19 pm
" The class alleged no injury that could even count as a case or controversy under Article III of the U.S. [read post]
4 Oct 2023, 4:00 am by Martin Kratz
In that case, the plaintiff, an Uber driver based in Ontario, commenced a proposed class action on behalf of Ontario Uber drivers and argued that Uber drivers were employees of Uber. [read post]
27 Mar 2018, 10:41 am by Andrew Levad and Jason Gordon
Takeaway: Advertisers facing class action lawsuits could consider using this case to remind the court that claims that require individualized proof, such as those brought under the New Jersey Consumer Fraud Act, are likely unsuitable for class action suits. [read post]
27 Mar 2018, 10:41 am by Andrew Levad and Jason Gordon
Takeaway: Advertisers facing class action lawsuits could consider using this case to remind the court that claims that require individualized proof, such as those brought under the New Jersey Consumer Fraud Act, are likely unsuitable for class action suits. [read post]
26 Jul 2012, 6:36 am by Neil Rosenbaum
Following on the heels of an FTC consent order settling allegations that Nestle made deceptive advertising claims about the health benefits of its BOOST Kids Essentials drink, two plaintiffs filed class actions alleging violations of California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, New Jersey’s Consumer Fraud Act, and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, negligent… [read post]
6 Feb 2014, 8:22 am
Plaintiffs' attorneys fear that such a requirement will render class certification for such cases nearly impossible. [read post]
1 Aug 2013, 6:00 am by Wystan M. Ackerman
   Jim suggested that in the opening, defense counsel should spend time on what a class action is, the plaintiffs’ obligation to prove the case on a classwide basis, and the weaknesses of the named plaintiffs’ claims. [read post]
7 Mar 2016, 3:17 pm
  As is often the case with these types of class action claims, however, the plaintiffs did not allege an injury—well, at least not a physical injury. [read post]
21 Jun 2011, 9:37 am by Lisa Guerin
But to bring a class action, the plaintiffs have to meet certain requirements, intended to make sure that it’s fair both to other class members — whose rights will be determined by the lawsuit, even if they don’t participate — and to the defendant, who will have to defend against time-consuming and costly large-scale allegations. [read post]
29 Oct 2010, 7:30 am by Russell Jackson
The Ninth Circuit disposed of a putative consumer fraud class action this week in an opinion that has some important points to highlight for those who defend class actions. [read post]
30 Aug 2017, 7:01 am by Ale Simmons
Bond The Northern District of Illinois recently refused to certify a class in a case brought under the Telephone Consumer Protection Act, 47 U.S. [read post]
27 Jan 2012, 2:21 pm by Soroush Seifi
  Cases are evaluated on their merits. [read post]
20 Dec 2018, 10:36 am by Rebecca Tushnet
  More generally, case law about class certification establishes whether certain issues can be resolved with class-wide evidence at trial. [read post]
16 Dec 2006, 9:23 am
The opening statements have ended in the Iowa consumer class action against Microsoft. [read post]
6 Oct 2008, 8:19 am
The court of appeals held that a private plaintiff alleging deceptive, rather than fraudulent, conduct under Pennsylvania's Uniform Trade Practices and Consumer Protection Law must prove justifiable reliance. [read post]
13 Oct 2010, 5:55 am by Russell Jackson
Judge Kathleen O'Malley recently handed down an interesting opinion in a consumer class action case styled McKinney v. [read post]
28 Aug 2015, 1:30 pm
(Ohio Aug. 27, 2015), even though it’s not a drug and device case.It’s a consumer fraud statute case brought under the Ohio version of Rule 23, and we think all defense attorneys who confront this kind of thing ought to know about it. [read post]
According to two plaintiffs who initiated a consumer fraud class action case against Hydroxycut, the company made misleading statements about the effectiveness of Hydroxycut dietary supplement products in its labeling and advertising. [read post]
3 Mar 2015, 12:16 pm by Seyfarth Shaw LLP
Riley In In Re Capital One Telephone Consumer Protection Act Litigation, Case No. 12-CV-10064, 2015 WL 605203 (N.D. [read post]