A New California Class Action Targeting Ivanka Trump’s Fashion Line Tests the Limits of California’s Unfair Competition Law

California class actions never let us down. If there is a story or controversy that has cable news abuzz or involves new cutting-edge technology, it won’t take long for class action lawyers to think of ways to try to cobble together an ascertainable class of similarly-situated consumers or competitors that might plausibly assert a claim. If […]

Naturally Misleading? Ninth Circuit Keeps “All Natural” Fruit Labeling Dispute Alive

Guest Post by Robert Lee, Dorsey & Whitney Does a food label advertising a product as “all natural fruit” mislead consumers when that product contains artificial preservatives? That is the question presented in Brazil v. Dole Food Co. Inc., which the Court of Appeals for the Ninth Circuit answered with a definitive “maybe.”   The Court […]

Fashion Retailer Zara Hit With Pricing Disclosure Lawsuit

Zara’s USA, Inc., the affiliate of the Spanish fashion designer, has been hit with a class action lawsuit here on the left coast. The lawsuit, Rose v. Zara USA, Inc., U.S. Dist. Court, Central Dist. of Cal. Case No. 2:16-cv-6229, advances a relatively simple and novel set of theories.  Plaintiff, represented by counsel Mark Geragos, contends that Zara […]

Observations from the NERA Report on Class Action Trends

Many in the legal and securities compliance industries are discussing the NERA Economic Consulting report, Recent Trends In Securities Class Action Litigation: 2013 Full-Year Review.  The Wall Street Journal provides a good summary as does Kevin LaCroix at The D&O Diary.  NERA’s executive summary is available here. The three takeaways that most commentators are discussing […]

Class Actions UP; Costs of Class Actions DOWN

Corporate Counsel has a good piece (subscription required) on the recent rise in class action lawsuits over the past two years but the curious reduction in the costs of defending class actions during that same period of time.  The focus of the article is a 2013 Carlton Fields Class Action survey.  The key quote includes […]

California–the Appropriate Forum for Residents of Maine?

In reviewing the new case filings yesterday, I saw a case that caught my eye.  The lawsuit was filed by the Cartwright Firm in San Francisco against Hyundai Motor America.  The case is an Unfair Competition Law (“UCL”) class action relating to allegedly inaccurate advertisements regarding fuel efficiency numbers in violation of EPA regulations.  The usual […]

Floodgates of Litigation: The California Experience

There is a fascinating discussion taking place online relating to the metaphor and accompanying arguments of “floodgates of litigation” or some close variation of the phrase.  It is not uncommon for lawyers, including those of us who regularly defend against class action lawsuits and consumer legal remedy claims, to urge a court to adopt a narrow and […]

A Monster Liability: a Summary of a New Lawsuit Filed Against Monster Beverage

As readers of this blog know, I have been following the progression of events relating to contentions and investigations of Monster beverages. Not to tout my own prescient abilities, but I predicted a few months ago that news stories and regulatory investigations would result in a serious consumer class action lawsuit against the company. I […]