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False Advertising › Subject Matter Jurisdiction

Holland & Knight LLP

Economic Harm Claims from Purportedly Contaminated Baby Food Dismissed for Lack of Injury

Holland & Knight LLP on

Past presentations and posts have addressed the defense of consumer class action cases via motions to dismiss for lack of subject matter jurisdiction. Briefly, most consumer class action cases are brought in (or removable to)...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Chickens and Subpoenas

Morrison & Foerster LLP - Left Coast Appeals on

This week, we take a look at two Ninth Circuit decisions tracing the limits of federal courts’ jurisdiction.  In the first, the Court addressed the Article III requirements that public interest organizations must satisfy in...more

Sheppard Mullin Richter & Hampton LLP

Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time

Sheppard Mullin Richter & Hampton LLP on

Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019), the court dismissed a putative class action for...more

Bilzin Sumberg

Defense Victory in Product Labeling Class Action

Bilzin Sumberg on

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

Womble Bond Dickinson

A Sign of Things to Come in TCPA Lawsuits?: Plaintiffs Use Lack of Article III Standing as a Sword to Avoid Federal Jurisdiction

Womble Bond Dickinson on

We reported last month on a case where a defendant had moved to dismiss a plaintiff’s TCPA claim based on lack of Article III standing, only to end up back in the state court from which the case was removed. And just as Jay...more

Morrison & Foerster LLP - Class Dismissed

Blue Diamond and WhiteWave Win Dismissal of Injunctive Relief Claim for Almond Milk Products

Morrison & Foerster LLP - Class Dismissed on

A recent decision from the Southern District of New York demonstrates the challenges consumers face in seeking injunctive relief on behalf of a class. On October 21, 2015, in Albert et al. v. Blue Diamond Growers, et al.,...more

Balch & Bingham LLP

Eleventh Circuit Throws Open The Door To State-Law Class Actions In Federal Court

Balch & Bingham LLP on

In a first-of-its-kind opinion that could open the class action flood gates, the Eleventh Circuit has held that state consumer fraud class actions may proceed in federal court even if the state consumer fraud statute...more

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