Tag Archives: class actions

Cy pres recipient in false advertising case has to be false-advertising-focused group, court rules

Posted on December 22, 2023 by rtushnet

 You might think that class action rules can be a bit like Calvinball, and I’d be hard pressed to disagree. Here’s another hurdle to jump, although it’s certainly jumpable. Hawes v. Macy’s Inc., 2023 WL 8811499, No. 1:17-cv-754 (S.D. Ohio … Continue reading →

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court certifies “C+Collagen” class even if consumers don’t know that all collagen is from animals

Posted on September 5, 2023 by rtushnet

Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 5505052 (C.D. Cal. Apr. 4, 2023) Previously, the court denied a motion to dismiss plaintiffs’ claim that “C + Collagen” was misleading because defendant’s product had no collagen. … Continue reading →

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are state rules limiting class actions in consumer protection cases procedural or substantive?

Posted on September 5, 2023 by rtushnet

Jones v. Varsity Brands, LLC, 2023 WL 5662590, No. 2:20-cv-02892-SHL-tmp (W.D. Tenn. Aug. 31, 2023) Varsity is a “prominent host of competitive cheerleading competitions and camps,” aka a monopolist. I’m just going to focus on the consumer protection-related claims, because … Continue reading →

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Posted on August 7, 2023 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, — F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but … Continue reading →

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over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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no predominance of common issues where many consumers would still have taken the drug at issue

Posted on July 3, 2023 by rtushnet

Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharm. Co., 2023 WL 4191651, — F. Supp. 3d –, No. 2:17-cv-07223-JWH-AS (C.D. Cal. May 24, 2023) I tell my students that probabilistic claims are easier for competitors … Continue reading →

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Peloton music library class action fails because consumers probably didn’t see the claim

Posted on May 3, 2023 by rtushnet

Passman v. Peloton Interactive, Inc., 2023 WL 3195941, No. 19-cv-11711 (LJL) (S.D.N.Y. May 2, 2023) Interesting discussion of the way in which the objective reasonable consumer standard allows consumers classes to bring certain probabilistic claims, where some consumers might have … Continue reading →

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consumer class settlement can’t include injunctive relief unless there’s Art. III standing to seek injunctive relief

Posted on April 20, 2023 by rtushnet

Williams v. Reckitt Benckiser LLC, — F.4th —-, 2023 WL 2906311, No. 22-11232 (11th Cir. Apr. 12, 2023) The court of appeals reversed approval of a settlement that would have provided injunctive relief and up to $8 million in monetary … Continue reading →

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Vanilla class action certified based on sufficient survey evidence

Posted on March 13, 2023 by rtushnet

Vizcarra v. Unilever U.S., Inc., 2023 WL 2364736, No. 4:20-cv-02777 YGR (N.D. Cal. Feb. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor … Continue reading →

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Cal. statutory false advertising isn’t fraud and individual reliance isn’t necessary

Posted on August 26, 2021 by rtushnet

Peviani v. Arbors at California Oaks Property Owner, LLC, 2021 WL 1264423, E073950, — Cal.Rptr.3d —- (Ct. App. 2021) Plaintiffs sought to represent a putative class, bringing claims against a landlord for (1) false advertising; (2) breach of the implied … Continue reading →

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