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Belch! Ocean Spray Price Premium Damages Model Passes Comcast Scrutiny
The Southern District of California certified a food labeling class against Ocean Spray Cranberries, Inc. based in part upon a price premium damages model developed ...
United States
21 Dec 2018
FSOC Rescinds Prudential's Designation As Systemically Important Financial Institution
The Financial Stability Oversight Council ("FSOC") announced on October 17, 2018 that it has voted unanimously to rescind the designation of Prudential Financial Inc. ("Prudential") ...
United States
9 Nov 2018
Suitability Working Group Stirs Ingredients For Suitability Model Potion
On October 22 and 23, the NAIC Annuity Suitability (A) Working Group (Suitability WG) held an interim meeting to review comments received on the Suitability in Annuity Transactions Model Regulation ...
United States
30 Oct 2018
In California, A New Era In U.S. Privacy
In June, California passed a sweeping new privacy law that will impact an estimated 500,000 businesses in the United States.
United States
8 Oct 2018
Class Certification Denied In ‘Junk Fax' Case In Electronic Age
On September 5, Judge Dlott (Southern District of Ohio) denied plaintiff's motion for class certification in a case involving the "junk fax" ...
United States
3 Oct 2018
Class Certification Denied In ‘Junk Fax' Case In Electronic Age
On September 5, Judge Dlott (Southern District of Ohio) denied plaintiff's motion for class certification in a case involving the "junk fax" provision of the Telephone Consumer Protection Act of 1991.
United States
2 Oct 2018
IRS Allows Employer ‘Matching Contribution' Based On Student Loan Repayments
In IRS Private Letter Ruling 201833012, the employer made matching contributions to any employees who salary deferred at least 2 percent.
United States
28 Sep 2018
Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration
A federal court in Minnesota determined that three of Plaintiffs' claims were not subject to the applicable arbitration clause:
United States
11 Sep 2018
Seventh Circuit Approves Cy Pres Settlement
We previously reported on the uncertainty of cy pres settlements in class action lawsuits. Although the Supreme Court granted cert on the issue, the Seventh Circuit weighed in during the interim ...
United States
24 Aug 2018
Eleventh Circuit Finds Defendant Can't Use Unsigned Consent To Receive Text Messages To Compel Arbitration Of TCPA Claim
Hope Gamble sued New England Auto Finance, Inc. in federal court under the Telephone Consumer Protection Act
United States
27 Jun 2018
Food For Thought: Starbucks Defeats Icy Class Action
This decision comes on the heels of another proposed class action that Starbucks defeated in January
United States
28 Mar 2018
Too Fast And Furious: Ninth Circuit Unwinds Hyundai And Kia Nationwide Class Action Settlement
In a split panel, the Ninth Circuit Court of Appeals reversed a district court's certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3).
United States
19 Feb 2018
Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims
Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be significant.
United States
7 Nov 2017
No Treat For CFPB: Trump, Congress Override Rule On Class Action Waivers
On November 1, President Trump signed legislation disapproving a CFPB rule designed to prohibit class action waivers in certain consumer financial services contracts.
United States
3 Nov 2017
Ninth Circuit Says Plaintiff Might Get Fooled Again
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs...
United States
26 Oct 2017
Food For Thought: Liability-Only Class Certification Denied For Claims That "No Sugar Added" Juice Labels Misled Consumers Into Thinking The Juice Had Fewer Calories
Plaintiff's putative class action alleged that defendant Mott's violated FDA regulations and California's Sherman Law and Unfair Competition Law when it labeled and sold its 100 percent apple juice...
United States
17 Oct 2017
Jump In Credit Scores Means Dip In Underwriting Predictability
Underwriters that rely on popular credit-scoring models like FICO and VantageScore to assess risk may have noticed that some consumer credit scores jumped recently.
United States
16 Oct 2017
Food For Thought: Summary Judgment Affirmed In False ‘GMO' Advertising Class Action Against Chipotle
The district court initially granted in part and denied in part defendant's motion to dismiss.
United States
16 Oct 2017
Food For Thought: Claim Dismissed Against Brand For Deceptive Label, But Retailer May Still Pay
Further, there is a rebuttable presumption that an advertisement is generally insufficient to establish such a relationship.
United States
16 Oct 2017
Claim Dismissed Against Brand For Deceptive Label, But Retailer May Still Pay
A negligent misrepresentation claim against laundry detergent brand The Sun Products Corp., for an allegedly deceptive label was dismissed by a New York federal district judge, ...
United States
12 Oct 2017
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