Category Archives: class actions

Ninth Circuit rejects class certification because ads differed

Posted on June 29, 2015 by rtushnet

Cabral v. Supple LLC, — Fed.Appx. —-, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015)   The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll persons … Continue reading →

Posted in class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Court certifies class against JCPenney for allegedly false "sales"

Posted on June 12, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 3478038, No. CV 12–0215 (C.D. Cal. May 18, 2015)   Spann sued JCP, bringing the usual California claims, for allegedly “falsely advertising ‘original’ prices, ‘sale’ prices and corresponding price discounts for its private … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

violation of labeling law is presumptively material and deceptive

Posted on June 11, 2015 by rtushnet

Brown v. Hain Celestial Group, Inc., 2015 WL 3398415, No. 11-cv-03082 (N.D. Cal. May 26, 2015) (magistrate judge)   Plaintiffs sued Hain for selling cosmetics whose front labels used the word “organic,” but that did not contain at least 70% … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

Posted in california, class actions, consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

briefly noted: another court rejects proof of purchase requirement for class ascertainability

Posted on April 27, 2015 by rtushnet

Really briefly!  In re Scotts EZ Seed Litig. 304 F.R.D. 397 (S.D.N.Y. 2015).  It would defeat the purpose of class actions.  Also, though, there couldn’t be an injunctive relief class after the challenged statement was removed from packaging. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in class actions, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Reading list: class ascertainability & preemption of state sound recording public perf. rights

Posted on April 21, 2015 by rtushnet

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract:   In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules … Continue reading →

Posted in class actions, copyright, http://schemas.google.com/blogger/2008/kind#post, preemption, reading list | Leave a comment

The market for lemon smoothies: injunctive class settlement certified

Posted on March 23, 2015 by rtushnet

Lilly v. Jamba Juice Co., 2015 WL 1248027, No. 13-cv-02998 (N.D. Cal. Mar. 18, 2015)   This preliminary approval for a settlement contains the most extensive analysis I’ve seen of the “deceived consumers do have standing for injunctive relief in … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, remedies | Leave a comment

court certifies 11 state classes in "All Natural" challenge

Posted on March 17, 2015 by rtushnet

In re ConAgra Foods, Inc., No. CV 11–05379, 2015 WL 1062756 (C.D. Cal. Feb. 23, 2015)   I’ve tried to limit discussion of many issues in this huge opinion (40,000 words without footnotes). Plaintiffs, consumers from eleven different states, alleged … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, unfairness | Leave a comment

No standing for injunction-only class

Posted on January 26, 2015 by rtushnet

Graiser v. Visionworks of America, 2015 WL 248003, No. 1:14–CV–01641 (N.D. Ohio Jan. 20, 2015)   Graiser sought an injunction on behalf of a putative class based on his false advertising claims, which alleged that Visionworks’s buy one get one … Continue reading →

Posted in class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, remedies, standing | Leave a comment

organic cosmetics class certified

Posted on November 20, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment