126 results for 'cat:"Fraud" AND cat:"Class Action"'.
J. Lin grants the consumer's motion to consolidate her class action, which alleges that the company did not disclose the presence of lead in its popular Stanley tumbler products. The company's motion to stay or dismiss this complaint is not more appropriate than consolidating it, because the three discussed matters regard nationwide classes of Stanley tumbler purchases for personal use, and there is substantial overlap in the claims such as how many of them are under Washington common law or statutes and allege that the company engaged in substantially similar behavior.
Court: USDC Western District of Washington, Judge: Lin, Filed On: May 16, 2024, Case #: 2:24cv635, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, class Action
J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: fraud, Discovery, class Action
J. Cole grants the class's motion for attorney fees, ruling the $3.5 million requested by the class counsel is reasonable, considering the millions of pages of discovery conducted by the attorneys, as well as testing performed on Macy's bedsheets and responses to motions to dismiss and for summary judgment.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 13, 2024, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Attorney Fees, class Action
J. Sykes dismisses the subscribers' complaint that the company violated California's Automatic Renewal Law by not providing adequate notice of its OnlyFans' automatic subscription renewal policy or appropriate subscription cancellations options. This court lacks personal jurisdiction over this case because even though a significant number of California residents visited and bought subscriptions through the company's website, it is not enough to claim that the company is subject to California jurisdiction because it is not based in the state.
Court: USDC Central District of California, Judge: Sykes, Filed On: May 2, 2024, Case #: 5:22cv2164, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Jurisdiction, class Action
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J. Kaplan grants the banks' motion to dismiss a class action alleging violations of the Commodity Exchange Act in connection with the marketing, sale, and management of a derivative investment product. The complaint fails to allege specific acts committed by each individual defendant, instead lumping defendants together as a group. Further, the fraud allegations do not detail exactly what fraudulent statements the bank make to investors.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: April 29, 2024, Case #: 1:23cv2866, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, class Action
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, Jurisdiction, class Action
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, fraud, class Action
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, class Action
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: fraud, Insurance, class Action
Per curiam, the appellate division finds that the lower court properly granted Viacom's motion to dismiss a securities class action, but denied the underwriters' motion to dismiss the same claims. A reasonable investor could find it relevant that the underwriters planned to sell their own holdings of Viacom, while Viacom was offering $3 billion of equities. Investors have adequately alleged that the underwriters did not implement any information barrier between their underwriting and brokerage departments that would have prevented the improper trading on insider information. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01866, Categories: fraud, Securities, class Action
J. Kennelly grants a children’s clothing retailer’s motion to dismiss a consumer class action, brought by parents who say school uniforms they bought from the retailer contained polyfluoroalkyl substances. The court finds the parents lack standing to pursue injunctive relief, as they are now aware the uniforms contain the harmful substance. The court also finds the parents have failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 1, 2024, Case #: 1:23cv4899, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, class Action
J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, class Action
J. Subramanian partially denies the company's motion to dismiss a securities fraud action alleging it falsely portrayed its business as having a unique, asset-light, consignment model when it really operated like any other used-car dealership. The investors lack statutory standing for the pre-merger statements, but adequately plead scienter for executives' financial projections on an earnings call and statements regarding its reliance on one main sourcing partner.
Court: USDC Southern District of New York, Judge: Subramanian, Filed On: March 29, 2024, Case #: 1:21cv5906, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, class Action
J. Carter grants the computer maker's motion to dismiss a consumer class action alleging that it prices its consumer products artificially high in order to promise purchasers a significant discount off the fictitious price. The consumer fails to show that computers are too complex for the average purchaser to evaluate holistically. The computer maker discloses its products' specifications to consumers, so consumers can make value comparisons themselves. Therefore, he cannot show the company deceived consumers in any way.
Court: USDC Southern District of New York, Judge: Carter, Filed On: March 29, 2024, Case #: 1:22cv5131, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, class Action
J. Hall dismisses a class action brought against Kandi, a Chinese electric-vehicle manufacturer, for securities violations. The case stems from allegations that it used fake vehicle sales to obtain $160 million from U.S. investors, allegations which the company denies. The investors fail to plead scienter.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:20cv6042, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, class Action
J. Simmons partly grants the consumers' motion for class certification concerning consumer protection and warranty claims against a supplement company and its "natural remedies" Sambucol product, which allegedly includes "unreported dietary" ingredients that may be illegal. While California and Missouri subclasses are certified, certification for the proposed nationwide classes is denied.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:21cv137, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Warranty, class Action
J. Menendez partially grants the medical technology company's motion to dismiss the shareholders' suit alleging that it misrepresented a product's progress toward FDA approval to investors. The shareholders have not alleged facts showing that any of the company's backward-looking statements about the product were false statements of material fact or actionable omissions. Other statements the shareholders point to are inactionable opinions, and their complaint does not include any statements by the company or its officers guaranteeing or assuring that the product would be approved by the FDA, at all or on a particular timeline.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 28, 2024, Case #: 0:22cv2197, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, class Action
J. Schofield denies the company's motion to dismiss a securities fraud suit alleging it made material omissions in statements about an acquisition. The statements allegedly created the impression the acquisition would be approved by the government without requiring renegotiation of the merger. The company repeatedly and specifically stated the expected merger timetable, which was misleading if corporate executives, behind the scenes, knew otherwise.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 27, 2024, Case #: 1:22cv4838, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, class Action
J. Montenegro grants Trader Joe's motion to dismiss some claims in a class action alleging that Trader Joe's dark chocolate products contain lead, cadmium and arsenic, which are not printed on the label. Although the consumers "may not be able to pinpoint a specific level at which these products would become an unreasonable safety hazard or unfit for human consumption, they have to at least provide some connection between the general harms possible from these heavy metals and the levels of heavy metals in these products."
Court: USDC Southern District of California, Judge: Montenegro, Filed On: March 27, 2024, Case #: 3:23cv61, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, class Action
J. Watson denies the newspaper subscribers' motion for class certification, ruling that because the newspaper gave different information concerning subscription length, price and "premium editions," the subscribers cannot satisfy commonality or typicality requirements.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:19cv4262, NOS: Other Contract - Contract, Categories: fraud, Consumer Law, class Action
J. Kendall partially grants a food company’s motion to dismiss a consumer fraud class action. A class of consumers sued the food company after they bought its “Certified Sustainably Sourced” fish products, only to discover that the company employed a non-ecofriendly “pelagic trawl” fishing method that indiscriminately captures everything in the path of a net the size of two football fields. The court will allow the class’s fraud and state-level claims to move forward, but denies their motion for an injunction against the company’s unsustainable fishing practices. The court argues that because the class is now aware the company’s fish is unsustainably sourced, “any future harm is too speculative to support standing for injunctive relief.”
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 25, 2024, Case #: 1:23cv1298, NOS: Contract Product Liability - Contract, Categories: Environment, fraud, class Action
J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: fraud, Consumer Law, class Action
J. Burroughs denies a software company and two of its executives’ motion to dismiss a class action brought against them by a retirement trust for allegedly making false and misleading statements about demand for, and sales of, the company’s software. While forward-looking comments are not actionable, false statements made about the present are.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 25, 2024, Case #: 1:22cv10321, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, class Action
J. Ohta grants final approval to a $1.8 million settlement in a class action alleging that consumers purchased Apple App Store and iTunes gift cards that were fraudulently drained of value by unknown third-parties and were denied a refund or replacement gift card. An objector challenges the release of non-party retailers who sole Apple gift cards subject to fraudulent redemption as overly broad, but the release of non-party retailers is common practice in cases such as this and the "restrictive nature of the class limits released claims only to those who purchased gift cards subject to pre-activation attempts."
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 19, 2024, Case #: 3:20cv1629, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Settlements, class Action
J. Clark denies the car buyer's motion to certify a class of buyer's allegedly misled by the insurer about damages to their cars. The insurer obtained a clean title for the car after it had been involved in an accident and sold for salvage. It was then resold to the buyer, who was unaware of its accident history. However, purchase of a mistitled vehicle does not, by itself, prove reliance. Therefore, individual questions of reliance predominate because they rely upon the circumstantial evidence of each purchase.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: March 14, 2024, Case #: 4:22cv385, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, class Action