Defendants have found recent success with complete dismissal by the courts, or significantly narrowing, of consumer class action lawsuits alleging that products’ advertised protein content is false or misleading.Key Takeaway:
Defendants have found recent success having courts dismiss or significantly narrow consumer class action lawsuits alleging that products’ advertised protein content is false or misleading. …

In a recent Ninth Circuit decision, the court affirmed that the key factor in determining whether an attorneys’ fee award in a Rule 23 class action settlement is reasonable is the benefit the class received under the settlement.In a recent Ninth Circuit decision, the court affirmed that the key factor in determining whether an attorneys’…

The Ninth Circuit Court of Appeals held in two companion cases that courts properly can consider the wording on the back labels of products to clarify any ambiguous claims on the front labels.Key Takeaway:
The Ninth Circuit Court of Appeals held in two companion cases that courts properly can consider the wording on the back…

In In re White, 2023 WL 2763812 (C.A.D.C., 2023), the D.C. Circuit—splitting with several other circuit courts—reversed a district court’s order that denied class certification because the plaintiffs sought to certify a “fail-safe” class. While acknowledging the recognized criticisms of fail-safe classes, the D.C. Circuit held that a standalone rule against fail-safe classes is an…

With the advent of “work from home” arrangements and the proliferation of instant messaging platforms, many companies have embraced instant messaging applications for their employee’s communications. Instant messaging may be regarded as a more casual form of communication and companies may have shorter retention or no retention policies for these communications. However, as a recent…

The Supreme Court has not directly ruled on whether issue certification pursuant to Rule 23(c)(4) should be applied as stringently as the Rule 23(b)(3) predominance requirement for class actions. Currently, there is a split among the circuits, which makes issue certification appear more attainable in some circuits than others. Recent cases denying Rule 23(b)(3) class…

In Winston’s Class Action Insider blog’s inaugural interview for the Spotlight Series, Partner Chris Murphy shares 2023 class action litigation predictions, recollections of trial successes, and his experience since joining Winston’s Class Actions practice.The Class Action Insider blog’s Attorney Spotlight series will bring readers face-to-face with Winston & Strawn’s Class Action litigators. Through these Q&A…