Podcast - FTC Commissioner Dismissals: Background and Implications
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more
Native Deodorant False Ad Dismissed As Court Finds Plaintiff's Contradictions Don't Pass the Smell Test - A proposed class action alleging that Native Deodorant falsely advertises its "natural" deodorant as offering...more
Google has agreed to pay a whopping $155M to resolve a government investigation and a class action lawsuit stemming from its use of location data, including claims that it stored and collected consumers’ location-related...more
Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s...more
Judge Edward Davila of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging Walgreens misled consumers into believing its store-brand Infants’ Pain...more
A split Ninth Circuit panel recently reversed the dismissal of claims against P.F. Chang’s regarding the chain’s use of the term “krab mix” in the ingredients list for certain sushi rolls. Kang v. P.F. Chang’s China Bistro,...more
Earlier this summer, the District Court of Vermont dismissed a false advertising lawsuit alleging that Ben & Jerry’s claims that it sources dairy products from “happy cows” on “Caring Dairy” farms were materially misleading....more
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging that defendant Dr Pepper/Seven Up, Inc. (“Dr Pepper”) violated various California consumer fraud laws by using the term “diet” in naming...more
On November 21, the Ninth Circuit affirmed a Central District of California order dismissing with prejudice complaints filed on behalf of putative classes consisting of ticket holders and pay-per-view subscribers to the...more
The Supreme Court recently ruled on the issue of whether sending a text message in the course of customer service constitutes a violation of the Spam Law. The Court granted the Bezeq company’s appeal regarding the...more
Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more
Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more
On September 26, 2018, the Honorable Judge Robert N. Scola entered an Order denying class certification in a consumer deceptive advertising case. Plaintiffs claimed that the use of the phrase “born in brazil” on containers of...more
Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more
The Southern District of New York recently dismissed a putative class action against Cytosport, the maker of Muscle Milk protein powder. The plaintiff, Orlando Bautista, alleged that he bought a container of Muscle Milk...more
A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more
In This Issue: - Recent Significant Developments and Rulings ..Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read ..Chipotle Defeats Class Certification in...more