News & Analysis as of

Putative Class Actions Motion to Dismiss

Orrick, Herrington & Sutcliffe LLP

District court allows lawsuit on earned wage access alleging potential TILA and Pennsylvania usury violations to proceed

On August 28, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss a proposed class action against a financial services company offering earned wage access products in the form of cash...more

Wilson Sonsini Goodrich & Rosati

U.S. Federal Court Allows CIPA Class Action Against AI Customer Service Provider to Proceed

On August 11, 2025, the U.S. District Court for the Northern District of California denied a motion to dismiss a California Invasion of Privacy Act (CIPA) class action lawsuit filed against ConverseNow Technologies, Inc....more

Burr & Forman

Another Court Holds Text Messages Not Subject to Do-Not-Call Registry TCPA Claims

Burr & Forman on

Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF (N.D. Fla. Aug. 26, 2025) - Plaintiff filed a putative class action, claiming that Defendant violated 47 U.S.C. § 227(c)(5) and its implementing regulation, 47 C.F.R. §...more

Kilpatrick

Third Circuit affirms the dismissal of session replay class action for lack of Article III standing

Kilpatrick on

Takeaway: We have written a number of articles dealing with “data interception class actions” alleging claims based on the use of session replay software and other data collection practices by website operators. See, e.g.,...more

A&O Shearman

Ninth Circuit Affirms Dismissal of Putative Class Action Against Pharmaceutical Company for Failure to Adequately Allege Falsity...

A&O Shearman on

On August 20, 2025, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action asserting claims under the Securities Exchange Act of 1934 against a pharmaceutical company and...more

Venable LLP

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama

Venable LLP on

Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that...more

A&O Shearman

SDNY Allows Control Person Claims To Proceed Against Food & Beverage Executive

A&O Shearman on

On July 28, 2025, Judge Jessica G. L. Clarke of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings to dismiss a claim under Section 20(a) of the Securities...more

A&O Shearman

District Of New Jersey Dismisses Putative Securities Class Action Against Pharmaceutical Company

A&O Shearman on

On July 30, 2025, Judge Brian R. Martinotti of the United States District Court of the District of New Jersey granted a motion to dismiss a putative securities fraud class action against a drug manufacturing company (the...more

A&O Shearman

Eastern District Of Pennsylvania Dismisses Putative Class Action Against Biotechnology Company For Failure To Adequately Allege...

A&O Shearman on

On July 29, 2025, the United States District Court for the Eastern District of Pennsylvania dismissed a putative class action asserting claims under the Securities Exchange Act of 1934 against a biotechnology company and its...more

Troutman Pepper Locke

Federal Court Dismisses NIL Lawsuit Filed by Tyrelle Pryor

Troutman Pepper Locke on

A federal judge in Columbus, OH, has dismissed a name, image, and likeness (NIL) lawsuit filed last October by former star Ohio State (OSU) quarterback Terrelle Pryor. Pryor sued OSU, the Big Ten, the NCAA, and others,...more

A&O Shearman

Southern District Of California Dismisses Putative Securities Class Action Arising From Failed Business Combination

A&O Shearman on

On July 15, 2025, Judge Cathy A. Bencivengo of the United States District Court for the Southern District of California dismissed with prejudice a putative securities class action against an U.S.-based telecommunications...more

A&O Shearman

US District Court Dismisses Antitrust Claims In Connection With Payment Network Market

A&O Shearman on

On July 10, 2025, US District Judge David Dugan of the Southern District of Illinois (S.D. Ill.) granted without prejudice motions of Apple and two payment network providers to dismiss antitrust claims by a putative class of...more

A&O Shearman

Northern District Of California Declines To Dismiss Putative Class Action Against Clothing Company

A&O Shearman on

On July 9, 2025, Judge P. Casey Pitts of the United States District Court for the Northern District of California largely declined to dismiss a putative securities class action asserting claims under the Securities Exchange...more

A&O Shearman

Middle District Of Tennessee Dismisses Securities Fraud Claims Against Discount Retailer Chain

A&O Shearman on

On June 24, 2025, Judge Aleta A. Trauger of the Middle District of Tennessee granted a motion to dismiss a putative securities class action brought against a discount retailer chain (the “Company”) and certain of its...more

Kilpatrick

“No-poach” class actions: Fourth Circuit reinstates naval engineers’ Sherman Act claims against shipbuilders

Kilpatrick on

Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more

A&O Shearman

Northern District Of Texas Dismisses Securities Fraud Class Action Against Telecommunications Company

A&O Shearman on

On June 16, 2025, Chief Judge David C. Godbey of the United States District Court for the Northern District of Texas dismissed a putative securities class action against a telecommunications company (the “Company”) and...more

Morgan Lewis

Influencer Marketing Class Actions on the Rise: Common Themes & Key Takeaways

Morgan Lewis on

A wave of class action lawsuits targeting influencer marketing practices has emerged in the first half of 2025, signaling what could be a popular trend in consumer class action litigation. With demands for substantial...more

A&O Shearman

Northern District Of California Dismisses Putative Securities Class Action Against Grocery Delivery Company For Failure To...

A&O Shearman on

On May 9, 2025, Judge Edward J. Davila of the Northern District of California granted a motion to dismiss a purported securities class action against a grocery delivery company (the “Company”), certain of its officers and...more

A&O Shearman

Cryptocurrency Platform Seeks Interlocutory Review By The Third Circuit Of Order Permitting Plaintiffs To Plead “Statistical...

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On April 11, 2025, a cryptocurrency platform (the “Company”) moved to certify for interlocutory appeal the September 5, 2024 decision by Judge Brian R. Martinotti of the United States District Court for the District of New...more

A&O Shearman

Central District Of California Dismisses Putative Securities Class Action Against Healthcare Technology Company For Failure To...

A&O Shearman on

On April 18, 2025, Judge André Birotte Jr. of the Central District of California granted a motion to dismiss a putative class action asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the...more

A&O Shearman

District Of Colorado Dismisses Complaint Against Satellite Technology Company For Alleging Securities Fraud

A&O Shearman on

On March 24, 2025, Judge Rita F. Lin of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action against a technology company (the...more

Nutter McClennen & Fish LLP

Product Liability 2024 Year in Review

Massachusetts courts issued several important product liability decisions in late 2023 and 2024. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

A&O Shearman

Northern District Of California Grants Motion To Dismiss Federal Securities Class Action Against Subscription Streaming Services...

A&O Shearman on

On November 26, 2024, Judge Jon S. Tigar of the United States District Court for the Northern District of California granted a motion to dismiss a putative securities fraud class action against a subscription streaming...more

A&O Shearman

Middle District Of Florida Denies Motion To Dismiss Federal Securities Action Against Retailer Holding Plaintiff Adequately...

A&O Shearman on

On December 4, 2024, Judge John L. Badalamenti of the United States District Court for the Middle District of Florida denied a motion to dismiss a putative securities fraud action against a retail company (the “Company”), its...more

Proskauer Rose LLP

Three Point Shot - November 2024

Proskauer Rose LLP on

Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

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