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Failure to Disclose Claims Washed Away in Facial Scrub Case
  • Proskauer Rose LLP
  • USA
  • January 15 2019

On December 17, 2018, Judge Andrew J. Guilford in the U.S. District Court for the Central District of California granted defendant Unilever’s motion


Ninth Circuit Affirms Jury Verdict In Favor of Homeopathic Remedy for Flu-Like Symptoms
  • Proskauer Rose LLP
  • USA
  • November 27 2018

On November 8, 2018, the Ninth Circuit affirmed a jury verdict in a consumer class action deceptive advertising case in favor of Defendants Boiron Inc


Ninth Circuit Holds that Last-Known Addresses of Putative Class Members Are Insufficient To Satisfy CAFA Exceptions
  • Proskauer Rose LLP
  • USA
  • September 25 2018

The Class Action Fairness Act (“CAFA”) permits removal of many class actions from state to federal court, but includes a “local controversy” exception


Court Puts “FDA-Cleared” Complaint on Ice
  • Proskauer Rose LLP
  • USA
  • August 2 2018

The Central District of California recently dismissed, for the second time, a putative class action filed by two plaintiffs who claimed to have


Browsewrap Agreement Held Unenforceable - Website Designers Take Note!
  • Proskauer Rose LLP
  • USA
  • July 28 2016

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be


Class action lawsuit against data broker for inaccurate information dismissed for lack of standing
  • Proskauer Rose LLP
  • USA
  • September 27 2011

A putative class action lawsuit against data broker Spokeo.com for violations of the Fair Credit Reporting Act (FCRA) and California’s Unfair Competition Law was recently dismissed for lack of standing.


Superiority beats enormity: 9th Circuit rejects denial of FACTA class certification based on disproportionality of damages
  • Proskauer Rose LLP
  • USA
  • October 12 2010

In a decision filed September 27, 2010, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s refusal to certify a class action alleging violations of the Fair and Accurate Credit Transactions Act (“FACTA”) because, among other things, the defendant’s potential liability for statutory damages was out of proportion to any harm suffered by the plaintiff.


Tibble v. Edison International: district court finds after trial that it was a breach of fiduciary duty to offer retail rather than institutional share classes of certain mutual funds
  • Proskauer Rose LLP
  • USA
  • August 6 2010

As 401(k) plans have grown into the primary source of retirement income for many employees, the fees paid by such plans have come under increasing scrutiny by Congress and the U.S. Department of Labor.


L. Robert Batterman
  • Proskauer Rose LLP

Daniel Werb
  • Proskauer Rose LLP