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Searching Content indexed under Litigation, Mediation & Arbitration by Daniel Werb ordered by Published Date Descending.
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1
Third Circuit Shreds Plaintiff's Credit Card Receipt Case On Standing Grounds
The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act ("FACTA"), absent any showing of concrete harm.
United States
15 Apr 2019
2
Second Circuit Affirms Dismissal Of Truffle Kerfuffle
Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs'
United States
11 Dec 2018
3
EDNY Sticks A Fork In Angus Steak Sandwich Class Action Complaint
A federal court in the Eastern District of New York recently dismissed a putative class action filed against Dunkin' Brands alleging deceptive advertising with respect to its Angus Steak & Egg Breakfast Sandwich and Angus Steak & Egg Wake-Up Wrap.
United States
11 Oct 2018
4
Law Professors Take On Flawed USCIS Policy
This policy change has resulted in SIJS denials for immigrant children who would otherwise qualify for SIJS based on well-established state and federal law.
United States
16 Jul 2018
5
Federal "Spring Water" Standards Runneth Over State Claims
We often cover cases in which false advertising claims brought under state law are challenged as preempted by a federal regulatory scheme.
United States
19 Jun 2018
6
Class Certification Denied In Juice Dispute
Recently, a New Jersey federal district court judge refused to certify a class of consumers claiming an orange juice product was mislabeled as "pasteurized."
United States
6 Feb 2018
7
New Trial Ordered Where Jury's Verdict Didn't "Gel"
The jury also rejected plaintiff's claims for strict liability and negligence. Nevertheless, the jury awarded $150 million in punitive damages.
United States
4 Jan 2018
8
Second Circuit Dismisses Claims Of Would-Be Ad-Blockers
On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with...
United States
1 Dec 2017
9
New Jersey Supreme Court Announces Last Call For TCCWNA Happy Hour
In recent years, creative plaintiff-side class action attorneys in New Jersey have attempted to seek relief under the Truth in Consumer Contract, Warranty and Notice Act ("TCCWNA")...
United States
31 Oct 2017
10
Elsevier Wins Summary Judgment Over Use Of 3-D Medical Animations In Copyright Case
In response, Archie sued, bringing claims of copyright infringement, breach of contract and violation of the Defend Trade Secrets Act.
United States
29 Mar 2017
11
Made-in-the-U.S.A. Complaint Does Not Make the Cut
Where the plaintiff either resorts to naked conclusions, or its factual allegations are too incomplete to be plausible, the complaint must be dismissed, as the court in the Citizens for Humanity case...
United States
7 Mar 2017
12
California Court Issues Surprising Decision In Discount Advertising Case
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC.
United States
18 Jan 2017
13
Proskauer's Larry Weinstein Discusses Implications of Bautista v. Cytosport in Legal NewsLine Article
Last week, this blog covered the slack-fill decision in Bautista v. Cytosport, Inc., 2016 WL 7192109 (S.D.N.Y. Dec. 12, 2016), in which the court dismissed the putative class action complaint for failure to allege non-conclusory facts.
United States
14 Jan 2017
14
Second Circuit Affirms Preliminary Injunction Of "Identical" Gray Goods
Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips.
United States
29 Nov 2016
15
Second Circuit Affirms Ruling That SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy Test And Did So Intentionally And Egregiously
When SPD launched the Weeks Estimator in the U.S. in August 2013, it unleashed an extensive advertising campaign that the trial court found "was intentionally designed to mislead consumers"...
United States
22 Nov 2016
16
Accurate Net Weight Disclosures May Defeat Slack-Fill Claims In California
Last April, we reported on Ebner v. Fresh, Inc., in which a Ninth Circuit panel held that the plaintiff failed to state a claim that Sugar lip balm packaging was misleading because it contained non-functional "slack-fill."
United States
24 Oct 2016
17
Don't Pick Me Off: Are Pre-Certification Claims Mooted By Deposited Full Settlement Offers?
More recently, two circuit courts of appeal have also turned to this question.
United States
23 Aug 2016
18
False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice
Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of New Jersey illustrates the circumstances under which a dismissal with prejudice is appropriate.
United States
26 Jul 2016
19
Want To Settle Before Class Certification? The Supreme Court Raises The Stakes
The case involved a claim under the Telephone Consumer Protection Act and was decided on basic principles of contract law, but it raises important implications for class action plaintiffs and defendants in all manner of cases...
United States
12 Feb 2016
20
Staying Natural: Hain Label Dispute Must Wait For Ninth Circuit Decisions
A district judge in the Northern District of California pressed pause on a mislabeling suit involving "natural" claims pending the outcome of two Ninth Circuit appeals.
United States
23 Nov 2015
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