Federal Rules of Civil Procedure, Class Action, Unfair or Deceptive Trade Practices

Kansas Seeks to Stop Ford County From “Usurping” its Sovereignty

Kelley Drye & Warren LLP on 3/18/2025

In January, Ford County, Kansas joined a class action complaint filed in Missouri against eleven plastics manufacturers, seeking to represent “all persons or entities” in 35 states who purchased relevant plastics since 1990....more

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

Mintz on 2/25/2025

On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Sixth Circuit: Reliance Can Bar Class Certification Even if Not Express Element of Consumer Statutory Claim

Foley & Lardner LLP on 12/6/2024

Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Davis Wright Tremaine LLP on 10/26/2023

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Appeal of Certification of Nationwide Class in ERISA Lawsuit

Goodwin on 12/21/2022

On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the...more

The Alabama Legislature Solves Problem Created by the Eleventh Circuit

Balch & Bingham LLP on 5/19/2016

The Alabama legislature recently adopted legislation to prevent class actions in federal court under the Alabama Deceptive Trade Practice Act (“ADTPA”). As reported here last summer, the Eleventh Circuit held in Lisk v....more

Federal Rules of Civil Procedure › Class Action › Unfair or Deceptive Trade Practices