Class Action Defense Strategy Blog

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Class Action Defense Strategy Blog

CBD Industry Beware: The False Labeling Class Action Has Arrived

By Robert Guite & Abby Meyer

September 30, 2019

Last week, in what may be the first of its kind, a putative class of Massachusetts consumers filed a false labeling class action complaint against Global Widget LLC, d/b/a Hemp Bombs (“Hemp Bombs”) (Ahumada v. Global Widget LLC, D. Mass. Case No. 1:19-cv-12005), challenging the labeling of numerous Hemp Bombs products, including gummies, lollipops, capsules, syrup, vape and pet products.…

Class Action Defense Strategy Blog

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

By Shannon Petersen & Lisa Yun

September 23, 2019

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). The TCPA generally prohibits calls and text messages to cell phones using an ATDS without prior express consent and imposes a statutory penalty of $500 per call or text in violation, or up to $1,500 per…

Class Action Defense Strategy Blog

Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts

By Sieun Lee, David Poell, Paul Werner & Shannon Petersen

September 3, 2019

At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried far-reaching ramifications for Telephone Consumer Protection Act (“TCPA”) litigation nationwide. The Supreme Court granted review to consider whether the Administrative Orders Review Act (also known as the Hobbs Act), 28 U.S.C. § 2342(1), requires district courts to…

Class Action Defense Strategy Blog

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

By Lisa Yun, David Poell, Paul Werner & Shannon Petersen

August 30, 2019

A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA). In Salcedo v. Hanna, et al., Case No. 17-14077, 2019 U.S. App. LEXIS 25967 (11th Cir. Aug. 28, 2019), the Eleventh Circuit ruled that a single text message did not cause sufficient harm to sue in federal court. As a result, “single text message” TCPA cases may be…

Class Action Defense Strategy Blog

Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right to Seek Public Injunctive Relief

By Alejandro Moreno

August 22, 2019

The U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) caused a shockwave in California’s class action bar when it held that the Federal Arbitration Act (“FAA”) preempted California’s former Discover Bank rule prohibiting arbitration clauses in consumer contracts from including a pre-dispute waiver of a plaintiff’s right to seek class action relief. After the decision in Concepcion, mandatory arbitration and corresponding class action waivers became the norm in consumer contracts. Many…

Class Action Defense Strategy Blog

Spate of Recent False Advertising Class Actions Take On Animal Treatment Label Claims

By Abby Meyer

August 19, 2019

In the last few months, a handful of class actions have been filed challenging label claims regarding the treatment of the animals providing the food item in question. This appears to be a new food litigation trend, as plaintiffs’ attorneys invoke the purchasing public’s apparent concern for “clean”, “pure”, “healthy”, and “organic” food items.…

Class Action Defense Strategy Blog

Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time

By Robert Guite & Abby Meyer

August 5, 2019

Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019), the court dismissed a putative class action for lack of standing pursuant to Rule 12(h)(3) after Plaintiffs supplemented discovery responses and depositions were taken. Although it had earlier denied motions to dismiss brought pursuant to Rule 12(b)(6), the district court concluded that Plaintiffs…

Class Action Defense Strategy Blog

Ninth Circuit Fuels More Efficient Nationwide Class Settlement

By Anna McLean & Kathryn Kafka*

June 19, 2019

Reversing itself in a 7-4 en banc decision, the Ninth Circuit reinstated a $210 million settlement in multidistrict class action litigation over the advertised fuel efficiency of Hyundai and Kia vehicles, making approval of nationwide class action settlements easier. In re Hyundai and Kia Fuel Economy Litigation, 2019 U.S. App. LEXIS 17047 at *5 (9th Cir. 2019). In its decision, the Ninth Circuit applied a lower standard to Rule 23(b)(3) predominance analysis in the settlement…

Class Action Defense Strategy Blog

Second Circuit Affirms “Snap” Removal Practice

By Paul Werner & Abraham Shanedling

March 29, 2019

Earlier this week, a Second Circuit panel resolved a sharp disagreement among district courts regarding the interpretation of the forum defendant rule in the context of a multi-district litigation (“MDL”) involving dozens of product liability lawsuits against the makers of the blood-thinning medication Eliquis. In Gibbons v. Bristol-Myers Squibb Co ., ___ F.3d ___, 2019 WL 1339013 (2d Cir. March 26, 2019), the court unanimously affirmed the district court’s holding that 33 cases were…

Class Action Defense Strategy Blog

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions

By Robert Guite & Abby Meyer

January 14, 2019

The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al.,[1] resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition Law and Consumers Legal Remedies Act on summary judgment. The Ninth Circuit confirmed that plaintiffs can survive summary judgment by supplying a conflicting expert report, invalidating a line of cases that required plaintiff’s expert to also entirely undermine defendant’s expert.…

Class Action Defense Strategy Blog

Up-to-date Information on Class Action Litigation

Blog Authors

CBD Industry Beware: The False Labeling Class Action Has Arrived

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

Supreme Court Punts On Whether FCC’s Interpretation of the TCPA Binds Federal Courts

One “Chirp, Buzz, Or Blink” Is Not Enough To Sue Under The TCPA

Choose Your Forum Wisely: Save Your Arbitration Clause From California’s Prohibition on Pre-Dispute Waivers of a Plaintiff’s Right to Seek Public Injunctive Relief

Spate of Recent False Advertising Class Actions Take On Animal Treatment Label Claims

Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time

Ninth Circuit Fuels More Efficient Nationwide Class Settlement

Second Circuit Affirms “Snap” Removal Practice

Ninth Circuit Confirms Plaintiffs Are Not Required to Undermine Defendant’s Evidence to Withstand Summary Judgment in False Labeling Class Actions

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