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Consumer Protection

  • June 15, 2018

    Volleyball Players Blast Coach's Bid To Dodge Sex Abuse Suit

    Volleyball players and their parents who accuse elite coach Rick Butler of hiding past sexual abuse allegations from them blasted what they called his “run-of-the-mill” attempt to escape their proposed class action, saying Thursday he had presented nothing to show their claims are false.

  • June 15, 2018

    Harvard 'Buried' Racial Bias Evidence, Denied Applicants Say

    Rejected Harvard University applicants on Friday asked a Massachusetts federal court for a quick win in their suit claiming the university places too much significance on race in undergraduate admissions, saying the school "buried" a 2013 report that allegedly showed institutional bias against Asian-Americans.

  • June 15, 2018

    OneWest Again Avoids Fraud Claim In Foreclosure Action

    A New Jersey state appeals court has refused to revive a consumer fraud claim against OneWest Bank FSB in a mortgage foreclosure action, saying a trial court properly found that the bank could not be held liable since its predecessor has not been connected to the allegedly illicit conduct of a mortgage broker.

  • June 15, 2018

    Quicken Slams 'Repeat' TCPA Plaintiff's Suit In Dismissal Bid

    Quicken Loans Inc. on Thursday urged a Florida federal judge to toss a putative class action claiming the mortgage lending company violated the Telephone Consumer Protection Act by sending unsolicited telemarketing calls, arguing that the consumer failed to adequately plead his claims.

  • June 15, 2018

    DOT Tells DC Circ. Suit On Wheelchair Rule Delay Is Untimely

    The U.S. Department of Transportation urged the D.C. Circuit to reject the Paralyzed Veterans of America’s challenge to the agency’s decision to delay until 2019 a new airline reporting requirement for mishandled checked baggage, including checked wheelchairs and scooters, saying Thursday the petition is untimely.

  • June 15, 2018

    Feds Sue Chicago Wholesale Co. Over Mislabeled Meat

    The federal government slapped a Chicago wholesale meat distributor with a lawsuit Thursday over claims it sold beef and chicken with labels that omitted legally required information despite repeated warnings from the U.S. Department of Agriculture.

  • June 15, 2018

    Nestle, Hershey Can't Nix Child-Labor Warning Row: Buyers

    A group of consumers asked a Massachusetts federal judge to reject Nestle's and Hershey's bids to dismiss a pair of class actions claiming they deceive customers by not disclosing their products come from West African areas known for using forced child labor, arguing their case is well pled.

  • June 15, 2018

    Pyrex Maker Faces Class Action Over Material Change

    The maker of Pyrex glassware has fleeced customers by switching the glass used in its products to one that is sensitive to changes in temperature and prone to shattering even though the cookware is advertised as durable, a proposed class of consumers claimed Thursday in Illinois federal court.

  • June 14, 2018

    Anthem Breach Attys' $38M Fee Ask ‘Overreach,’ Judge Says

    U.S. District Judge Lucy Koh on Thursday put the screws to attorneys requesting $37.9 million in fees for work done on the Anthem Inc. data breach litigation, saying they “overreached” and asking why 26 law firms representing the named plaintiffs needed to subcontract work to another 27 firms.

  • June 14, 2018

    8th Circ. Backs $10M Target Data Breach Deal After Remand

    The Eighth Circuit panel that last year ordered a district court to take another look at a $10 million settlement that freed Target from multidistrict litigation over its massive 2013 data breach has affirmed the deal, rejecting the argument that a conflict existed between class members who suffered verifiable losses and those who didn’t.

  • June 14, 2018

    LegalForce Slips Sanctions In TM Co. Witness Tampering Row

    The law firm that launched a litigation campaign over trademark registration companies’ alleged use of non-attorneys for legal work won’t face sanctions after using a job candidate’s statements during an interview in a complaint and accusing another lawyer of witness tampering, a California federal judge ruled Thursday.

  • June 14, 2018

    CFTC Calls Virtual Currencies ‘Goods’ At Boston Hearing

    The U.S. Commodity Futures Trading Commission told a federal judge in Boston on Thursday that virtual currencies fall within the definition of “goods and articles” it can regulate, arguing for jurisdiction over the expanding industry where the agency says scams are flourishing.

  • June 14, 2018

    NJ Car Owners Score Victories In Suits Against Towing Cos.

    Motor vehicle owners in New Jersey may sue towing companies over their fees without having to exhaust administrative remedies, and the businesses are not shielded from such liability when police direct them to tow a car without the owner’s consent, a state appeals court said Thursday in a published opinion.

  • June 14, 2018

    GEICO Customers Get Quick Win In Car Tax Payment Suit

    A Florida federal judge on Thursday granted a quick win to a class of GEICO customers alleging the insurance company failed to pay for sales tax and transfer fees on leased vehicles when they were totaled, saying contracts did not make a distinction between owned or leased vehicles.

  • June 14, 2018

    Plaintiffs Want AbbVie Fined $500K In Testosterone Row

    Counsel for AndroGel users suing AbbVie Inc. in a multidistrict litigation over injuries allegedly caused by testosterone replacement therapy drugs asked an Illinois federal judge to slap the company with nearly $500,000 in sanctions Wednesday, claiming AbbVie misused a records-collecting process to challenge nearly 1,000 suits.

  • June 14, 2018

    General Mills Trans Fat Ruling Deferred For 9th Circ. Decision

    A California federal judge deferred a ruling on General Mills' bid to dismiss a proposed class action, which alleges its baking mixes are unsafe because they use partially hydrogenated oils containing trans fat, pending a Ninth Circuit decision in a similar case involving Kroger.

  • June 14, 2018

    7th Circ. Won't Revive Deutsche Bank Tax Shelter Suit

    A Seventh Circuit panel on Wednesday affirmed a lower court's decision to toss a former Deutsche Bank AG client's lawsuit accusing the bank and other financial advisers of breaching their fiduciary duties by advising him to set up an illegal tax shelter, finding he waited too long to sue.

  • June 14, 2018

    LL Bean Without Leg To Stand On In Slipper Suit, Man Says

    A Massachusetts man looking to lead a class action against L.L. Bean Inc. for allegedly reneging on its satisfaction guarantee reacted with outrage late Wednesday to the clothing giant’s suggestion that he is trying to get his slippers replaced for free after having worn out his six-year-old pair of footwear.

  • June 14, 2018

    AbbVie Wins 5th Bellwether In Testosterone MDL

    An Illinois federal jury found for AbbVie Inc. on Thursday in a trial over claims its drug AndroGel caused a man’s deep vein thrombosis, handing the company a win in the fifth bellwether trial in the testosterone replacement therapy multidistrict litigation.

  • June 13, 2018

    Dr Pepper Fights Class Cert. Bid In Ginger Ale False Ad Row

    Dr Pepper Snapple Group Inc. urged a California federal judge Wednesday to deny certification to a putative class of Canada Dry ginger ale purchasers, arguing there’s no common claim that its “Made from Real Ginger” label is misleading because consumers don’t agree on what that statement should mean.

Expert Analysis

  • Why 9th Circ. Revisited Its Decision On 'Flushable' Wipes

    Lucia Roibal

    Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.

  • Health Tech Is The New Focus For Cybersecurity Policy

    Elliot Golding

    Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.

  • CPSC Steps Up Action On Safe Product Packaging Standards

    Amy Rubenstein

    For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Relief From CFPB’s Auto Guidance May Be Short-Lived

    Dowse Rustin IV

    In a dramatic win for the auto finance industry, Congress recently voted to reverse the Consumer Financial Protection Bureau’s 2013 guidance related to fair lending and interest rates for indirect loans. However, such rollbacks may not be enough to create long-lasting regulatory relief, say attorneys with Nelson Mullins Riley & Scarborough LLP.

  • Facing The Homestretch Of GDPR Prep: Part 3

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • California May Pass Its Own GDPR

    Purvi Patel

    If approved by voters in November, the California Consumer Privacy Act would impose a sweeping privacy regime like the EU’s General Data Protection Regulation. The act covers virtually all information a business has about a consumer, expanding far beyond traditional notions of personal information, say Purvi Patel and Alexandra Laks of Morrison & Foerster LLP.