Litigation

Recent Posts

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: 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

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: 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: 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