Ad Law Access
Third Circuit Steps Back from the Brink of a Circuit Split over “Ascertainability”
Yesterday, a panel of the Third Circuit Court of Appeals took another step back from a circuit split over the extent to which aspiring class plaintiffs must show a “reliable and administratively feasible means of…
Comparison Pricing Victory for Ross Stores in California
On August 2, 2017, the U.S. District Court for the Central District of California dismissed a putative class action lawsuit against Ross Stores that accused the discount retailer of misleading promotional pricing…
Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017
For the first 28 weeks of 2017, the most frequently alleged claims in new food and beverage false-advertising class actions have related to featured product ingredients that allegedly are absent, or present only in…
Understanding “Ascertainability” in Class Actions Now that the Second Circuit Has Said “No” To It.
On Friday, the Second Circuit Court of Appeals’ decision in In re Petrobras Securities refused to adopt what it called a “’heightened’ two-part ascertainability test in class action cases. The Second Circuit agreed…
“Give the Money to One Percenters, Not to Non-Profits,” 11 State Attorneys General Argue
On July 5, bipartisan Attorneys General from 11 states filed an astonishing brief in the Third Circuit Court of Appeals, asking that court to reject the proposed class action settlement in In re Google Inc. Cookie…