Litigation

Recent Posts

Suit Involving Transgender Person in Women's Locker Room Can Continue
Posted on 1 Aug 2018 by LexisNexis Legal Newsroom Staff

The Michigan Court of Appeals recently ruled that a lawsuit over a transgender woman in a woman’s locker room at a Midland, Michigan health club can proceed. The suit, brought by Plaintiff Yvette Cormier, asserts that her membership at the Midland... Read More

Montana Files Lawsuit Over Late Video Fees
Posted on 27 Jan 2011 by LexisNexis Litigation Resource Community Staff

HELENA, Mont. - (AP) People who didn't return movies to Hollywood Video and Movie Gallery before they closed their doors for good last year may run into credit trouble when looking to take out a mortgage or finance a car. That's because a debt... Read More

How Much Are You Drinking at Starbucks?
Posted on 21 Oct 2016 by Gabriela Nolen

Recently, two federal district courts have dismissed lawsuits alleging that that Starbucks Corporation deceives its customers by misrepresenting the volume of its cold drinks. The first case was decided by a California federal district court in August... Read More

Chinese Drywall — Update On Litigation, Settlements And Insurance Claims
Posted on 10 Nov 2010 by Ellen Clarke and Sallie Kraus

By Ellen Clarke and Sallie Kraus, Attorneys at Law The pace of litigation in the Chinese drywall ("CDW") claims has escalated in recent months. It is alleged that the gypsum that was used to manufacture that drywall came from particular Chinese... Read More

Avoiding the Pitfalls of Selling to California Consumers
Posted on 21 Dec 2010 by arnold

Companies that sell to consumers, directly or indirectly, are subject to an array of federal and state laws and regulations. Selling goods and services to California consumers is especially challenging because the state has a panoply of uniquely stringent... 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

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia
Posted on 14 Feb 2014 by Ballard Spahr LLP

By Roger D. Winston, Shelah F. Lynn and Timothy P. Martin A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as... Read More

DLA Piper: ‘Company Doe’ Wins Challenge But Loses Anonymity – Ruling Makes It Tougher For Companies To Confront Erroneous Online Claims
Posted on 22 Apr 2014 by DLA Piper

By George Gigounas and Rachael E. Yourtz A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents, revealing the identity of a manufacturer that claims it was falsely implicated in a consumer report... 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

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims
Posted on 14 Oct 2015 by DLA Piper

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the... 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

Subway Class Action Settlement Comes up Short
Posted on 2 Oct 2017 by Gabriela Nolen

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has reversed a district court’s approval of a settlement in a class action alleging that Subway’s “Footlong” sandwiches were not uniformly 12 inches long... Read More