
James Unger
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Recently, a New York court held that a putative class action defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s individual claims does not moot the plaintiff’s case and therefore cannot be used as a vehicle to defeat the individual plaintiff’s attempt certify a class. This was the first attempt by … Continue Reading
In 2014, we blogged about a California state appellate court decision invalidating the arbitration clause in DIRECTV’s consumer contracts. We found that California decision to be noteworthy because it seemed to fly in the face of the U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion, 563 U.S. 333, 352 (2011), which invalidated California’s ban … Continue Reading
For plaintiffs concerned that the Fourth Circuit Court of Appeals’ June 19, 2015 decision in Brown v. GNC Corp. signaled the muscling in of a stricter new pleading standard for false advertising class actions nationwide, a recent ruling out of the Central District of California likely acted as a pacifier. On July 14, 2015, U.S. … Continue Reading
Last year, in Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), the U.S. Court of Appeals for the Ninth Circuit held that offers of complete relief made to individual plaintiffs under Fed. R. Civ. P. 68 do not moot either individual or class claims. This holding mirrors decisions by … Continue Reading
Nordstrom Rack has recently found itself at the center of an unwelcome suit over its labeling practices. Nordstrom Rack discloses the savings it offers customers by placing “compare at” labels on its price tags which show two prices: the “compare at” price and a lower, actual sale price. A recent class action filed in the … Continue Reading
In a case that teaches important lessons about the burden of proving an advertisement false at trial, Judge Ronald Lew of the Central District of California held that Elkay Plastics Company was not liable for allegedly false statements that its StratoGrey line of polyethylene products meets military specifications. In 2012 Caltex Plastics sued Elkay arguing … Continue Reading
How much of a product has to be “Made in the USA” for a company to label it as such, and who gets to decide? Those questions are raised by an ongoing class action lawsuit before a federal court in the Southern District of California. In Paz v. AG Adriano Goldschmied, Inc., plaintiffs allege that Nordstrom … Continue Reading
New York Court Rules Rule 67 Deposit Cannot be Used to Pick Off Named Plaintiffs in Putative Diet Pill Class
By Lawrence Weinstein and James Unger on Posted in Class Actions
When it Comes to Arbitration Agreement Class Action Waivers, Concepcion is Still the Law, Even in California.
By Lawrence Weinstein, Jennifer Yang and James Unger on Posted in Arbitration Clause, Class Actions
Ruling Allows Gerber False Advertising Suit to Crawl Onward
By Alexander Kaplan, Jennifer Yang and James Unger on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Clarification for Class Action Settlements May Be on the Line As Supreme Court Grants Cert in TCPA Case
By Lawrence Weinstein and James Unger on Posted in Class Actions, Deceptive Trade Practices
Tailoring the Suit: Plaintiffs File Amended Complaint in Nordstrom Rack Price-Tag False Advertising Lawsuit
By Alexander Kaplan and James Unger on Posted in Labeling Claims, Lanham Act
False Advertising Suit Concerning Department of Defense Standards Misfires
By Lawrence Weinstein and James Unger on Posted in Deceptive Trade Practices
Made in the USA?: Suit Against Nordstorm Alleging Misleading Jeans Labels May Proceed
By Lawrence Weinstein and James Unger on Posted in Class Actions, Labeling Claims