Tag Archives: class actions

reliance can be presumed in NY from material misleadingness, as in California

Posted on February 1, 2024 by rtushnet

Polvay v. FCTI, Inc., — F.Supp.3d —-, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Jan. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment