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Consumer Protection

  • October 5, 2018

    Ticket Brokers Praise Feds' Examination Of Ticketmaster

    The National Association of Ticket Brokers is praising federal antitrust enforcers' decisions to examine the online ticket industry amid numerous complaints by consumers and competitors that companies like Ticketmaster are driving up costs for consumers.

  • October 4, 2018

    Counties Seek 9th Circ. Revival Of VW Emissions Claims

    Counties in Florida and Utah asked the Ninth Circuit on Thursday to revive their claims alleging Volkswagen AG violated local rules over tampering with emissions software in its vehicles, arguing that the district court was wrong to find that the claims are preempted by the Clean Air Act.

  • October 4, 2018

    9th Circ. Revives Trans Fat Labeling Suit Against Kroger

    A woman who claims a "zero grams of trans fat" label on Kroger breadcrumbs is misleading will get another shot at her suit against the grocer after the Ninth Circuit on Thursday reversed a lower court's ruling that her proposed class action was preempted by federal law.

  • October 4, 2018

    Purdue Must Face Trimmed Suit Over Opioid Marketing

    The New Jersey Attorney General’s Office and OxyContin producer Purdue Pharma LP on Thursday each heralded different parts of a state court decision finding the company must face a trimmed lawsuit alleging its deceptive marketing practices contributed to the opioid epidemic.

  • October 4, 2018

    State Farm Made Robocalls, Ignored No-Call List: Suit

    A Florida woman hit State Farm Fire and Casualty Co. with a proposed class action Thursday alleging it repeatedly used wide telemarketing campaigns and called consumers, who were on the do not call list, without their consent.

  • October 4, 2018

    Facebook Kids' App, Others Violate Privacy Law, FTC Told

    A pair of Democratic senators and several consumer organizations are urging the Federal Trade Commission to take a closer look at the data collection and tracking practices of child-directed apps, with the advocacy groups specifically targeting Facebook's kid-centric messaging service for allegedly violating federal children's privacy rules.

  • October 4, 2018

    3rd Circ. Won't Rehear Talc Suit That Could Move To Calif.

    The Third Circuit has declined to reconsider a California woman’s proposed federal class action alleging that Johnson & Johnson falsely advertised its baby powder as safe, and her attorneys say they now plan to move the case to state court.

  • October 4, 2018

    Intuit's TurboTax Refund Fraud Deal For 915K Victims OK'd

    A California federal judge on Thursday preliminarily approved a nonmonetary deal TurboTax-maker Intuit Inc. reached to settle proposed class action claims that the company enabled fraudsters to file 915,000 fake tax returns, saying not all identity theft victims suffered out-of-pocket losses and those who did can still pursue individual claims.

  • October 4, 2018

    Ga. Activists File Last-Ditch Bid For Election Security

    Activists that want Georgia to address hacking concerns by replacing electronic voting with paper balloting have filed a last-ditch effort to sway a federal judge to order a series of election security measures ahead of the upcoming midterms.

  • October 4, 2018

    Starbucks Accused Of Mislabeling Gummies As 'All-Natural'

    Starbucks Corp. was hit with a proposed consumer class action in California federal court Wednesday accusing the coffee giant of mislabeling its sour gummy snacks as having "all-natural" flavors and profiting off of the deception.

  • October 4, 2018

    Vizio Cuts $17M Deal To End Smart-TV Spying MDL

    Vizio Inc. has reached a $17 million deal to resolve multidistrict litigation brought on behalf of 16 million smart-TV owners over claims that the electronics company collected and shared data about the consumers' viewing habits without their consent, according to documents filed Thursday in California federal court.

  • October 4, 2018

    Diverse Group Of Harvard Students Can Testify At Bias Trial

    A small, diverse group of Harvard College students and alumni can testify against claims that the prestigious school discriminates against Asian-American undergraduate applicants, receiving the blessing of a Massachusetts federal judge who will preside over the imminent bench trial.

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    Transamerica To Settle Insurance Rate Class Action For $195M

    Transamerica Life Insurance Co. has agreed to pay $195 million to settle a consolidated class action accusing the company of breaching its agreements with policyholders by drastically increasing their monthly costs, according to a Thursday filing in California federal court seeking preliminary approval of the deal.

  • October 4, 2018

    Aruba Airline Passengers Seek Cert. In Exit Fee Suit

    Inselair Aruba NV passengers asked a Florida federal judge on Wednesday for class certification in their suit against the Dutch Caribbean airline for allegedly charging them last-minute illegal and mandatory exit fees before they boarded flights from Miami International Airport.

  • October 4, 2018

    CFPB Fines Retailer $200K For Debt Payment Foot-Dragging

    The U.S. Consumer Financial Protection Bureau has fined the retailer Bluestem Brands Inc. $200,000 for allegedly delaying forwarding customers’ payments to third parties that had purchased their debt, the agency said Thursday.

  • October 4, 2018

    Arizona Beverage Co. Hit With 'No Preservatives' Suit

    A trio of Arizona Beverage Co. customers filed a putative class action against the company in New York federal court Wednesday, claiming it falsely markets and labels its products as having no preservatives.

  • October 4, 2018

    Parents Urge 6th Circ. To Revive Infant Blood Collection Suit

    A group of parents have asked the Sixth Circuit to revive a suit accusing Michigan of collecting, testing, storing and selling newborns’ blood without first getting parental consent, arguing it violates a child’s Fourth and 14th Amendment rights.

  • October 4, 2018

    DOT Stresses Cooperation In Regulating Automated Vehicles

    The U.S. Department of Transportation on Thursday outlined how government agencies can prepare for computer-driven cars and trucks to enter the country’s roadway system by talking to stakeholders and working together to create compatible regulations.

  • October 4, 2018

    California Court Ejects Air France Seat-Size Suit

    A California federal judge on Thursday tossed a proposed customer class action against Air France accusing the airline of unjustly accepting payment for “premium economy” seating that did not provide promised extra space, finding that the claims are time-barred and preempted by federal law.

Expert Analysis

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Sports Teams Need A TCPA Game Plan

    James Sammataro

    For professional sports franchises, texting is a wonderful fan-engagement tool. But it is also a potential legal hazard, as illustrated by several recent Telephone Consumer Protection Act class actions. If you want your fans screaming at the refs and not at you, heed five TCPA lessons, say attorneys with Stroock & Stroock & Lavan LLP.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.