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31 Dec 2014, 5:52 am
In a case based on mislabeling, damages must compensate a consumer for the difference between the true value of the product received and the value of the product as labeled. [read post]
3 Mar 2009, 3:58 am
The defense argued that cases discussing “artificial increases in demand” were analogous, and that plaintiffs’ case did not meet the tests outlined in such cases, id., at 9-10. [read post]
14 Feb 2011, 5:15 am
The plaintiffs tried to deal with that by recommending the Court split the case into privity and non-privity classes. [read post]
9 Apr 2008, 12:26 pm
Earlier today, the Eighth Circuit reversed certification of a class in a heart valve case. [read post]
18 Mar 2009, 5:14 am
Moreover, his broker characterized plaintiff a “‘savvy consumer’ who had purchased several properties previously and asked ‘a lot of questions about various mortgage products and terms. [read post]
15 Jun 2022, 12:10 pm
May 6, 2022) Plaintiffs brought a putative class action asserting CLRA and other state consumer protection claims. [read post]
20 May 2015, 3:08 pm
In the underlying case, Campbell-Ewald offered the plaintiff, Jose Gomez, $1503 per violation of the TCPA. [read post]
4 Jan 2010, 6:29 am
Tropicana’s motion, brought under both FRCP 9(b) and 12(b)(6), appears as a good example of how putative consumer class claims can be challenged at the outset of the case. [read post]
8 Dec 2021, 1:43 pm
In the class certification order, the court found that the consumers satisfied requirements for numerosity and ascertainability, explaining that the case is ultimately a fraud case, not a product liability case, so differences in how the odor issues manifested themselves, if at all for individual class members, is irrelevant. [read post]
13 May 2009, 4:50 am
The basis of plaintiffs’ class action certification motion was that “this case is particularly well-suited to class treatment because (1) their claims ‘arise from a single course of conduct that affect[ed] large numbers of consumers,’ and (2) the costs to each class member of pursuing his or her suit would exceed any potential recovery. [read post]
Amended Class Definition That Excludes Putative Class Member Does Not Preclude American Pipe Tolling
24 Jun 2014, 2:40 pm
In 2013, Plaintiff Machesney filed a Telephone Consumer Protection Act (“TCPA”) class action against Ramsgate Insurance Company in the Eastern District of Michigan after receiving three junk faxes between 2006 and 2007. [read post]
26 May 2014, 9:34 pm
He belongs to an email group of consumer rights advocates, many of whom deal in telemarketing, and through which he met his lead counsel in this case. [read post]
22 Aug 2008, 10:41 am
Case remanded for consideration whether plaintiff should get leave to amend. [read post]
9 Mar 2009, 5:10 am
The class action advanced numerous claims for relief, including violations of the federal Consumer Protection Safety Act (CPSA), and of California’s Consumers Legal Remedies Act (CLRA), unfair competition law (UCL), and Song-Beverly Consumer Warranty Act (CWA). [read post]
2 Aug 2016, 9:43 am
’” Thus, the Court found the plaintiffs did not have standing to bring this cause of action, reversed the lower court’s ruling and remanded the case to the trial court with instructions to dismiss the case. [read post]
27 Sep 2022, 2:16 am
But in the end that may even have been a good thing for the consumer class action, as its lawyers now get to optimize their strategy based on the outcome of Epic's case (including the appeal).Late on Monday, the class action lawyers (from the firms of Wolf Haldenstein, Kellogg Hansen, and Calcaterra Pollack) filed their renewed motion for class certification with the United States District Court for the Northern District of… [read post]
7 May 2014, 5:41 am
First, the court found that plaintiff’s proposal that Twinings refund the purchase price of tea was not a proper measure of damages in a mislabeling case. [read post]
3 Nov 2008, 2:00 pm
Last week, in an opinion replete with gratuitous attacks on the entire class action process, the Seventh Circuit directed the district court to reverse an order granting class certification in a consumer false advertising case. [read post]
13 Feb 2018, 7:47 am
On the other hand, the Hyundai decision could mean that plaintiffs in the Ninth Circuit will bring fewer nationwide class action claims alleging violations of state consumer laws. [read post]
6 Dec 2014, 1:30 pm
They represent a class of eight million consumers, but it's not clear that they have even one eligible plaintiff. [read post]
