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Foley & Lardner LLP

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

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It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

Foley & Lardner LLP

Solis v. Coty, Inc.: A Look at Article III Standing in PFAS Consumer Products False Advertising Cases

Foley & Lardner LLP on

There has been a recent uptick in false advertising consumer protection lawsuits relating to the presence of Per- and Poly-fluoroalklyl Substances (PFAS) in consumer products. What, exactly, are PFAS? Nicknamed “forever...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

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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

Alston & Bird

Class Action Roundup: Winter 2018

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Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

Orrick, Herrington & Sutcliffe LLP

Class Action Quarterly Update - Winter 2017

Orrick, Herrington & Sutcliffe LLP on

Telephone Consumer Protection Act (“TCPA”) cases have continued to dominate class action filings over the past quarter. Second in volume to TCPA cases are those alleging claims of false advertising. These cases are heavily...more

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

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This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

Proskauer - Advertising Law

California Court Issues Surprising Decision in Discount Advertising Case

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On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more

Morrison & Foerster LLP - Class Dismissed

The Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims against Heinz Because Plaintiff Failed to Allege...

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On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice plaintiff Suzanne Alaei’s...more

Morrison & Foerster LLP - Class Dismissed

Class Cert Denial Redux: Plaintiff’s “Manufactured” Standing Falls Short in Yakult Yogurt Action

Morrison & Foerster LLP - Class Dismissed on

A California federal district court recently denied a plaintiff’s second attempt to certify a class of Yakult consumers allegedly misled by Yakult’s packaging and advertising claims touting the health benefits of its yogurt,...more

Proskauer - Advertising Law

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

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Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more

Proskauer - Advertising Law

A Yarn Spun, But Advertising Not Tailored to a Lanham Act Claim

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In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its supplier into purchasing...more

McDermott Will & Emery

Non-Direct Competitors May Sue Under the Lanham Act, Doctrine of Prudential Standing Eliminated

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The Supreme Court of the United States swept away the different standards for Lanham Act prudential standing previously applied by the courts of appeals, and expressly discarded the amorphous concept of prudential standing in...more

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