Litigation

Recent Posts

Norton Rose Fulbright: Certification of Damages Class Denied in ‘All Natural Fruit’ False Labeling Suit
Posted on 14 Nov 2014 by Norton Rose Fulbright

By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means... Read More

Norton Rose Fulbright: Red Bull Settlement Problems Show Consequences Of Certifying Unascertainable Classes
Posted on 23 Oct 2014 by Norton Rose Fulbright

By Stephanie Stroup Since the Third Circuit’s opinion in Carrera v. Bayer Corp. [ enhanced opinion available to lexis subscribers ], courts have been battling with the approach to consumer classes for small-ticket items because consumers often do... Read More

Norton Rose Fulbright Releases 2015 Litigation Trends Annual Survey
Posted on 15 May 2015 by Norton Rose Fulbright

Findings show increase in disputes as a major concern for companies globally | Global legal practice Norton Rose Fulbright on May 14 released its 2015 Litigation Trends Annual Survey . This year’s survey is the 11th overall and the most extensive... Read More

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers
Posted on 14 Nov 2014 by Norton Rose Fulbright

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations... Read More

Norton Rose Fulbright: Plaintiff Firms Continue Targeting Annual Meeting Proxies
Posted on 13 May 2014 by Norton Rose Fulbright

By Gerard G. Pecht and Peter A. Stokes In what has become an annual rite of springtime, shareholder plaintiff lawyers are once again targeting Schedule 14A annual meeting proxy statements that include proposals on executive compensation, incentive... Read More

Norton Rose Fulbright: 2d Circuit Dismisses Listing Theory Under Morrison
Posted on 21 May 2014 by Norton Rose Fulbright

By Johannes K. Gabel , Manuela A. Siragy and Richard Werner Fagerer The Court of Appeals for the Second Circuit in its May 6 decision emphatically continued to interpret the Morrison v. National Australia Bank 1 doctrine broadly by confirming the District... Read More

Norton Rose Fulbright: FDA’s Expanded Oversight Of ‘High-risk’ Diagnostic Devices
Posted on 7 Aug 2014 by Norton Rose Fulbright

By Cori Annapolen Goldberg and Lidia Niecko-Najjum In efforts to ensure that in vitro diagnostic devices 1 provide accurate, consistent and reliable results, the US Food and Drug Administration ("FDA" or "the Agency") 1) issued... Read More

Norton Rose Fulbright: Breadth Of Primary Jurisdiction Expanded In Class Actions
Posted on 2 Oct 2014 by Norton Rose Fulbright

By Matthew Gurvitz The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was... Read More

Norton Rose Fulbright: 9th Circuit Eases Limits On Removals To Federal Court
Posted on 27 Aug 2013 by Norton Rose Fulbright

By Joshua D. Lichtman The Ninth Circuit has held that, because a complaint was “indeterminate” with respect to allegations of the parties’ citizenship and the amount in controversy, a defendant who “conducted its own investigation... Read More

Norton Rose Fulbright: Recent Jeans Case Confirms Harsher ‘Made In USA’ Standards Exist In California
Posted on 31 Oct 2014 by Norton Rose Fulbright

By Lauren Shoor A California federal district court judge recently provided some clarity on the apparent disparity between California’s “Made in the USA” law and the standard set forth by the Federal Trade Commission. The Southern... Read More

Norton Rose Fulbright: Courts Disagree Whether Attacks On Expert Damage Models Defeat Class Certification In The Wake Of Comcast
Posted on 23 Oct 2014 by Norton Rose Fulbright

By Joshua Lichtman Federal courts continue to be split on whether the Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend [ enhanced opinion available to lexis subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case... Read More

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus
Posted on 7 Jul 2014 by Norton Rose Fulbright

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph... Read More

Norton Rose Fulbright: No More Rubber Stamps: Courts Critical Of Class Action Settlements
Posted on 31 Oct 2014 by Norton Rose Fulbright

By Lauren Shoor A number of recent cases show courts taking a more active role in approving class action settlements, more closely scrutinizing settlements meant to benefit class members. Just last month in Redman v. RadioShack Corporation [ enhanced... Read More