Category Archives: class actions

Another exercise shoe settlement

Posted on May 8, 2014 by rtushnet

Vibram settles false advertising case over claims that its “foot gloves” could strengthen foot muscles and reduce injuries, which seems to be the opposite of the truth, at least according to Deadspin. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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court certifies nationwide damages class for homeopathic products

Posted on May 1, 2014 by rtushnet

Forcellati v. Hyland’s, Inc., No. CV 12–1983, 2014 WL 1410264 (C.D. Cal. Apr. 9, 2014) Plaintiff sued for violation of New Jersey, California, and Missouri consumer protection laws (and breach of warranty), alleging that defendants misrepresented that their homeopathic products … Continue reading →

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Knockout (fruit) punch: Pom class decertified

Posted on April 1, 2014 by rtushnet

In re Pom Wonderful LLC Marketing and Sales Practices Litigation, No. ML 10–02199, 2014 WL 1225184 (C.D. Cal. Mar. 25, 2014) In what defendants doubtless hope is a winning trend, the court decertified a class on the ground that it’s … Continue reading →

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Class action objection in the form of a dialogue

Posted on March 6, 2014 by rtushnet

Sample (footnotes omitted): CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.Class Member. That’s nice of them. Are they funding the costs of running the event?Counsel: No, they … Continue reading →

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Trump U: puffery defense rejected and class certification granted in 2 cases

Posted on February 28, 2014 by rtushnet

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading →

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retail purchases mean class isn’t ascertainable

Posted on February 18, 2014 by rtushnet

Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of … Continue reading →

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No records, no class action against Chipotle

Posted on January 21, 2014 by rtushnet

Hernandez v. Chipotle Mexican Grill, Inc., 12-cv-05543 (C.D. Cal. Dec. 2, 2013) The court rejected a proposed class action based on Chipotle’s alleged practice of serving conventionally raised meats on occasions when “naturally raised” meats were not available, though it … Continue reading →

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Inability to determine who bought what dooms class certification

Posted on January 9, 2014 by rtushnet

Astiana v. Ben & Jerry’s Homemade, Inc., 2014 WL 60097, No. C 10-4387 (N.D. Cal. Jan. 7, 2014) The court denied certification to a proposed class who bought ice cream from Ben & Jerry’s that contained alkalized cocoa and were … Continue reading →

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Learned intermediary doctrine doesn’t bar claim at pleading stage

Posted on December 9, 2013 by rtushnet

Saavedra v. Eli Lilly and Co., 2013 WL 6345442, No. 2:12–cv–9366 (C.D. Cal. Feb. 26, 2013) Plaintiffs brought a putative class action under the consumer protection laws of California, Massachusetts, Missouri, and New York, and Saavedra also brought individual causes … Continue reading →

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No class action against payment processor for multiple sites

Posted on November 4, 2013 by rtushnet

Yordy v. Plimus, Inc., No. C12-0229, 2013 WL 5832225 (N.D. Cal. Oct. 29, 2013) Yordy went to  TheNovelNetwork.com, which allegedly promised her unlimited downloads of bestselling eBooks for a one-time $49.99 fee, which she paid, only to discover that the … Continue reading →

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