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PFAS “forever chemical” cases: allegations dependent on testing must plausibly support theory of liability

Takeaway: We have written about false advertising cases alleging that consumer products are contaminated with some sort of harmful substance. See, e.g., Federal court dismisses false advertising claims, ruling that studies...more

Sixth Circuit affirms dismissal of unjust enrichment class action, ruling that airline customer’s purchase of travel assistance...

Takeaway: Unjust enrichment is one of the most commonly asserted causes of action in class actions seeking compensatory damages. Equitable considerations form the foundation of unjust enrichment claims under the laws of...more

Federal court dismisses false advertising claims, ruling that studies cited in complaint did not plausibly support allegation that...

Takeaway: It seems that more and more false advertising cases are filed these days alleging that consumer products are contaminated with some sort of harmful substance or chemical. At their core, these types of cases depend...more

S.D. Fla.: concealment theory warrants class treatment under FDUTPA but not RICO

Takeaway:  Class actions brought under federal RICO present significant risks for defendants.  They present the opportunity for certification of nationwide or multi-state classes under a federal statute, and the remedies...more

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