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SCOTUS Considers Whether "Parens Patriae" Actions are "Mass Actions" under CAFA

November 18, 2013
Ireland, business litigation, Dayton law firm, FIC, consumer class action, business litigation info, Cox, Faruki, Faruki Ireland & Cox, Class Actions, dayton lawyer, supreme court, class action, CAFA, Class Action Fairness Act, FIC blog, Cincinnati law firm, parens patriae

Less than a year after issuing its first ruling interpreting the Class Action Fairness Act ("CAFA"), the Supreme Court heard oral argument last week.. Read More

A Day Late and an Inch Short

January 28, 2013
Ireland, business litigation, Dayton law firm, FIC, consumer class action, business litigation info, Cox, defrauded, Faruki, Faruki Ireland & Cox, Business Litigation, dayton lawyer, Erin Rhinehart, Class Action Fairness Act, FIC blog, putative class action, advertising, Cincinnati law firm, Subway

Amid the controversy over the debt ceiling, gun control and health care, some people are taking a stand for what truly matters – their right to a.. Read More

Ohio's Twelfth District Court of Appeals Upholds the Rigorous Analysis Standard Applied in Class Action Lawsuits and Reverses and Vacates Trial Court Decision

January 8, 2013
Ireland, business litigation, Dayton law firm, FIC, consumer class action, business litigation info, Cox, Faruki, Faruki Ireland & Cox, Business Litigation, dayton lawyer, Erin Rhinehart, Class Action Fairness Act, FIC blog, Cincinnati law firm

On January 7, 2013, the Court of Appeals for the Twelfth Appellate District of Ohio reversed and vacated a trial court's decision certifying a class.. Read More

Federal Court Rejects the "Prior Substantiation Doctrine" in Consumer Class Action, Requiring Affirmative Proof of False Advertising

August 13, 2012
Communications/Media, Ireland, business litigation, FTC, Dayton law firm, FIC, consumer class action, business litigation info, Cox, Faruki, consumer, Brian Wright, cincinnati lawyer, Federal Trade Commission, media, FIC blog, advertising, Cincinnati law firm

As seen in the decision in Scheuerman v. Nestlé Healthcare Nutrition, Inc. 2012 U.S. Dist. LEXIS 99397 (D.N.J. July 17, 2012), courts are.. Read More

California's "Shine the Light" Law: Protecting Your Business from Class Action Plaintiff's Lawyers' Newly Found Weapon

April 24, 2012
Ireland, business litigation, Dayton law firm, consumer class action, Shine the Light law, business litigation info, Cox, Faruki, Business Litigation, consumer, Brian Wright, FIC blog, customer personal information, Cincinnati law firm

Generally, the California's "Shine the Light" law requires disclosure by any "business" that has disclosed "personal information" to "third parties".. Read More

Early Class Certification Determinations and Use of Motions to Strike Supported by Sixth Circuit: Court Affirms Striking of Class Allegations and Rejects Certification of Nationwide Consumer Class Ac

Seeking to obtain early rulings on certification and avoiding the unnecessary burden and expense of defending meritless actions (at least through the.. Read More

Although Not an "Adjudication," Refund Programs Can Still Defeat Class Certification in the Seventh Circuit

October 7, 2011
Ireland, business litigation, no injury class action, Dayton law firm, Re Aqua Dots, consumer class action, business litigation info, Cox, class certification, Faruki, recall, refund programs, consumers, Business Litigation, Brian Wright, media, Aqua Dots, Seventh Circuit, retailers, FIC blog, reimbursement programs, advertising, Cincinnati law firm, recall programs, manufacturers

It is not uncommon for retailers and manufacturers to voluntarily reimburse consumers when faced with a product issue, allowing consumers to receive.. Read More

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