By Kate T. Spelman In a matter of first impression for the court, a three-judge panel of the Ninth Circuit recently held in Lambert v. Nutraceutical Corp. that the fourteen-day deadline to file a petition for interlocutory review of an order granting or denying class certification under Federal Rule of... Continue reading

By Kate T. Spelman On May 26, the plaintiffs in Goldemberg v. Johnson & Johnson Consumer Cos. Inc. filed a motion for preliminary approval to settle their class claims against Johnson & Johnson related to the defendant’s Aveeno Active Naturals brand of personal care products. The lawsuit, filed in 2013... Continue reading

By Kate T. Spelman It has been a year since the Supreme Court issued its highly anticipated decision in Campbell-Ewald v. Gomez. As we reported here, the Court held in Gomez that an unaccepted offer of settlement, conveyed either as an offer of judgment under Federal Rule of Civil Procedure... Continue reading

By Kate T. Spelman Five months have passed since the Supreme Court’s decision in Spokeo, Inc. v. Robins, where the Court held (on the one hand) that a “violation of a procedural right granted by statute can be sufficient in some circumstances to constitute injury in fact,” but also (on... Continue reading

As we recently reported, on September 12 the Ninth Circuit heard oral argument in two appeals with potentially wide-ranging implications for California consumer class actions. Continue reading

By Kate T. Spelman On Monday September 12, the Ninth Circuit heard oral arguments in two consumer class action appeals – Brazil v. Dole and Briseno v. ConAgra – that could significantly impact California consumer protection law. In Brazil, the plaintiffs challenged (among other things) the “all natural fruit” labels... Continue reading

By Kate T. Spelman A month after the Supreme Court’s much-anticipated decision in Spokeo, Inc. v. Robins, the aftershocks of the ruling have already rumbled through numerous district and appellate courts. As we previously discussed, the Supreme Court held in Spokeo that a plaintiff must show both particularized and concrete... Continue reading