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16 Apr 2013, 6:26 pm
The judge also determined that the plaintiffs' counsel could not adequately represent the class and, on those grounds, granted the request to decertify the class. [read post]
16 Jun 2015, 10:24 am by Wystan Ackerman
Campbell-Ewald Co., 768 F.3d 871 (9th Cir. 2014), which vacated and remanded a summary judgment ruling in favor of the defendant in a case brought under the Telephone Consumer Protection Act (TCPA). [read post]
1 Nov 2009, 7:51 pm
Plaintiffs alleged that because of the kickback scheme they were entitled to statutory damages under RESPA even if the scheme did not result in overcharges to the consumer. [read post]
14 Aug 2018, 7:14 am by Wystan Ackerman
A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action. [read post]
In this case, the key issue was whether a reasonable consumer would interpret the phrase “natural cheese” to mean without artificial color. [read post]
11 Oct 2007, 6:12 am
California Court Holds that Putative Class Action Alleging Violations of State’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act Fails for Lack of Actual Reliance and Lack of Standing Where Plaintiff Purchased Products for the Purpose of Filing Class Action In a case with broad implications to class action lawsuits, plaintiffs filed an individual lawsuit in California state court against… [read post]
26 Jan 2012, 3:02 am by Sean Wajert
The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue. [read post]
You can click here to see a description of the some of the many individual and class-action consumer cases our Chicago consumer lawyers have handled. [read post]
26 Aug 2009, 9:07 pm
As to the RICO claim, plaintiffs argued that Petland failed to disclose the origins of its puppies, but plaintiffs failed to allege “that Petland has an independent duty to disclose to consumers the origin of Petland puppies. [read post]
25 Jan 2010, 3:54 am
Class Action Complaint Challenging Microsoft’s “Windows Genuine Advantage” Software could be Amended to Withdraw Class Action Allegations Provided Plaintiffs Dismiss All Class Claims and Provided Plaintiffs Reimburse Microsoft the Attorney Fees Reasonably Incurred in Opposing PlaintiffsClass Action Certification Motion before Plaintiffs Voluntarily Withdrew that Motion Washington Federal Court Holds … [read post]
21 Sep 2009, 4:49 am
In the Circuit Court’s view, “The factual differences between [plaintiff’s] claims and the claims of her fellow putative class members are significant; as a result of these differences, certain provisions of TILA that apply in [plaintiff’s] case may not apply to most of her proposed fellow class members. [read post]
5 Aug 2011, 4:56 am by Sean Wajert
Here's a case of a venerable rule (puffery) and an important new doctrine (Twiqbal) being applied in the context of a troubling trend -- the spate of consumer fraud class actions challenging everything a defendant says about its products. [read post]
9 Feb 2022, 8:58 am by Julia E. Palermo
The post Appellate Division Affirms Dismissal of Class Action Claims and Compels Arbitration in Case Against Sirius XM appeared first on Gibbons Law Alert. [read post]
9 Feb 2022, 8:58 am by Julia E. Palermo
The post Appellate Division Affirms Dismissal of Class Action Claims and Compels Arbitration in Case Against Sirius XM appeared first on Gibbons Law Alert. [read post]
9 Feb 2022, 8:58 am by Julia E. Palermo
The post Appellate Division Affirms Dismissal of Class Action Claims and Compels Arbitration in Case Against Sirius XM appeared first on Gibbons Law Alert. [read post]