Proskauer on Advertising Law
Proskauer on Advertising Law

Tag Archives: Class Settlement

Split Eleventh Circuit Panel Eliminates Incentive Awards for Class Representatives

By Lawrence Weinstein, Jennifer Yang and Bryant D. Wright on Posted in Class Actions
Recently, in a split decision, the Eleventh Circuit reversed a district court’s incentive award to the named plaintiff in a class action alleging willful violations of the Telephone Consumer Protection Act. In doing so, it may have rung the death knell on class action incentive awards in that Circuit. Dickenson v. NPAS Solutions, No. 18-12344 … Continue Reading

En Banc Ninth Circuit Reinstates and Clarifies Standard for Nationwide Class Action Settlement

By Lawrence Weinstein, Jennifer Yang and Carl Mazurek on Posted in Class Actions, Commonality Requirement, Deceptive Trade Practices
Last month, the Ninth Circuit sitting en banc affirmed, by an 8–3 vote, a nationwide class settlement of a multidistrict litigation against automakers Kia and Hyundai over alleged misrepresentations regarding certain vehicles’ fuel efficiency. In re Hyundai and Kia Fuel Economy Litigation, 15-56014 (9th Cir. 2019). The en banc decision overturned the controversial decision last … Continue Reading

Don’t Pick Me Off: Are Pre-Certification Claims Mooted By Deposited Full Settlement Offers?

By Lawrence Weinstein, Daniel Werb and Tiffany Woo on Posted in Class Actions
On January 20, 2016, the Supreme Court held in Campbell-Ewald v. Gomez, 136 S. Ct. 663, 672, 193 L. Ed. 2d 571 (2016) that an unaccepted pre-certification settlement offer of complete relief in a putative class action, made to an individual plaintiff, does not moot that plaintiff’s claims.  As discussed in our previous coverage of … 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
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

Want to Settle Before Class Certification? The Supreme Court Raises the Stakes

By Lawrence Weinstein and Daniel Werb on Posted in Class Actions, Deceptive Trade Practices
Recently, the U.S. Supreme Court held in Campbell-Ewald Co. v. Gomez, a putative class action case, that an unaccepted pre-certification settlement offer to the named plaintiff does not moot either the plaintiff’s claim or that of the supposed class.  The case involved a claim under the Telephone Consumer Protection Act (“TCPA”) and was decided on … Continue Reading

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
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

Catch of the Day: Tuna Fish Brand StarKist Swims into a Sea of Trouble After Agreeing to Settle Claims Against It

By Lawrence Weinstein and Benjamin Rattner on Posted in Class Actions, Labeling Claims
StarKist Co. recently agreed in principle to a $12 million settlement with a putative class of plaintiffs concerning alleged under-filling of tuna fish cans. But agreeing on the dollar figure seems to have been the easy part; the parties in this bitterly-fought case have become embroiled in motion practice about the allocation of that $12 … Continue Reading

No Longer at Lager-Heads: Anheuser-Busch Settles Claim over Kirin Beer’s Origin

By Lawrence Weinstein and Sarah Sullivan on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Early this year, Anheuser-Busch settled a class suit filed against it by two Miami residents who alleged that the company was deceptively advertising Kirin beer as imported from Japan, when in fact it is brewed in the United States using domestic ingredients. The plaintiffs, Lady J. Suarez and Gustavo E. Oliva, claimed they had each … Continue Reading

Two Consumer Class Actions Settle for (Mostly) Nominal Amounts Per Plaintiff

By Benjamin Rattner on Posted in Class Actions, Deceptive Trade Practices, Labeling Claims
Two recent false advertising class action settlements illustrate some of the myriad ways to structure settlements, and also reflect the real risks of these lawsuits when early-stage efforts to dismiss them are unsuccessful. In Reid et al. v. Unilever United States, Inc., No. 12-C-06058 (E.D. Ill.), plaintiffs sought to recover from economic and personal injuries … Continue Reading
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