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Searching Content indexed under Class Actions by Daniel Werb ordered by Published Date Descending.
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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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
12
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
13
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
14
In Consumer Class Actions, Discovery Is Not Insured
New Jersey's appellate division affirmed, "reject[ing] plaintiffs' urging to impose a bright-line rule prohibiting examination of the propriety of class certification until discovery is taken."
United States
15 May 2015
15
Tomorrow Is Another One-A-Day: FDA Guidelines Preempt Vitamin Claims, But Consumer Class Still Has Opportunity To Supplement
Although consumer class actions in California are dime-a-dozen, a recent Northern District of California case involving One A Day vitamins stands out because it demonstrates how federal regulations can preempt certain state law claims regarding the health benefits of dietary supplements.
United States
1 May 2015
16
(Baby) Food For Thought: In Alleging Unlawful And Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby
The case illustrates an important threshold to the reasonable consumer standard for consumer deception, and Gerber can rest more easily knowing that the case has been pacified. But there's a wrinkle in the baby fat.
United States
23 Jan 2015
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