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Results:1-10 of 68

Made-in-the-U.S.A. Complaint Does Not Make the Cut
  • Proskauer Rose LLP
  • USA
  • February 28 2017

In a case decided in December that flew beneath our radar, a judge in the Southern District of California dismissed without prejudice a proposed class


False Ad Claims Fail to Crystalize as Court Dismisses Amended Complaint against Sharp Electronics with Prejudice
  • Proskauer Rose LLP
  • USA
  • July 26 2016

Dismissals of class action complaints with prejudice are not as common as dismissals with leave to replead, but a recent decision in the District of


Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products
  • Proskauer Rose LLP
  • USA
  • May 24 2016

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California


Second Circuit Addresses Statutes of Repose and Tolling in Securities Class Actions
  • Proskauer Rose LLP
  • USA
  • March 18 2016

The Second Circuit has clarified the applicable statutes of repose for securities-fraud and proxy-related claims under 9(f), 14(a), and 18(a) of


Ninth Circuit rejects adverse-interest exception in fraud-on-the market securities class actions
  • Proskauer Rose LLP
  • USA
  • October 27 2015

Last week, the Ninth Circuit issued a decision that could affect analyses of corporate scienter in securities class actions. The court reversed the


California Court of Appeal says Chevron can collect ZIP code information for pay-at-the-pump transactions
  • Proskauer Rose LLP
  • USA
  • July 1 2013

On June 20, 2013, the California Court of Appeal affirmed the dismissal of a putative class action which alleged that Chevron violated California's


U.S. Supreme Court rejects need to prove materiality at class-certification stage in securities class actions
  • Proskauer Rose LLP
  • USA
  • February 27 2013

The U.S. Supreme Court ruled on February 27, 2013 that a plaintiff need not prove materiality as a prerequisite to obtaining class certification in a


Bacon v. Stiefel Laboratories: court denies class certification of ERISA claims based on finding that individual reliance must be proved11
  • Proskauer Rose LLP
  • USA
  • September 9 2011

In Bacon v. Stiefel Laboratories, No. 09-cv-21871, 2011 WL 2973677 (S.D. Fla. July 21, 2011),12 a federal district court denied plaintiffs' motion for class certification in a lawsuit alleging that plan fiduciaries and the corporate plan sponsor breached their fiduciary duties under ERISA and federal securities laws by, among other things, allegedly engaging in a fraudulent scheme to convince plaintiffs to sell their shares in the company to defendants in advance of a merger that would yield large profits for shareholders.


Supreme Court holds proof of loss causation not required for class certification but challenges remain to the presumption of reliance
  • Proskauer Rose LLP
  • USA
  • June 9 2011

In Erica P. John Fund, Inc. v. Halliburton Co., 563 U.S. ___ (2011) (“Halliburton”), the Supreme Court held that proof of loss causation was not required to obtain class certification, unanimously reversing the Fifth Circuit, which had established a contrary rule in Oscar Private Equity Invs. v. Allegiance Telecom, Inc., 487 F.3d 261, 269 (5th Cir. 2007), and applied that contrary rule to affirm the denial of class certification in Erica P. John Fund, Inc., 597 F.3d 330


The future of consumer class actions following AT&T Mobility LLC v. Concepcion
  • Proskauer Rose LLP
  • USA
  • May 11 2011

Recent years have seen a rise in consumer class actions across the country, including California.