Tag Archives: class actions

internal studies on consumer preference support class action treatment for weed killer claims

Martin v. Monsanto Co., No. 16–2168, 2017 WL 1115167 (C.D. Cal. Mar. 24, 2017) This case grants class certification, illustrating the use of internal consumer research in class action practice.  The probabilistic nature of consumer reaction is not necessarily a … Continue reading

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All in the game: misleading tennis racquet endorsements don’t support class certification

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the … Continue reading

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Settlement class can’t stand where settlement notice gave mistaken info

Duran v. Obesity Research Institute, LLC, No. D067917, 2016 WL 3913205 (Cal. Ct. App. Jun. 23, 2016) Duran sued ORI and Wal-Mart for allegedly falsely advertising the weight loss benefits of Lipozene and MetaboUp. The court approved a claims-made settlement … Continue reading

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California claims for injunctive relief can’t be remanded after CAFA removal

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015)   The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state … Continue reading

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If only the last Trump would sound: Trump University case continues

Makaeff v. Trump University, LLC, 2015 WL 7302728, No. 10cv0940 (S.D. Cal. Nov. 18, 2015)   Charlatan and budding fascist Donald Trump failed to get rid of many consumer protection claims against him and his “Trump University” (now renamed).  Can’t … Continue reading

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Google can’t avoid class action just because damages are variable

Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752 (9th Cir.  Sept. 21, 2015)   From 2004-08, many advertisers used Google’s AdWords to bid for Google to put their ads on websites. Pulaski sued under the California UCL and FAL, … Continue reading

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Court certifies class against JCPenney for allegedly false “sales”

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

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