Tag Archives: Article III

New York Federal Court Latest to Dismiss Outlet Pricing Class Action

By Lawrence Weinstein and Lee Popkin on January 25, 2018 Posted in Labeling Claims

Last month, Judge Valerie Caproni of the Southern District of New York dismissed with prejudice a putative deceptive pricing class action filed against Burberry. This is the first decision within the Second Circuit to determine whether shoppers claiming to have been victimized by discount price advertising in outlet stores have suffered actual injury for purposes … Continue Reading

Supreme Court: Class Action Plaintiffs Must Show ‘Concrete’ Harm to Satisfy Article III

By Lawrence Weinstein and Jeff Warshafsky on May 19, 2016 Posted in Class Actions

In a 6-2 decision, the Supreme Court, in an opinion authored by Justice Alito, held that the Ninth Circuit’s Article III standing analysis in Robins v. Spokeo was incomplete because it focused solely on whether the plaintiff had alleged a particularized injury, and failed to assess whether the alleged injury was “concrete”. Although Spokeo was … Continue Reading

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