X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
(iStockphoto / Wragg)

Surveying the class certification opinions from 2014 in cases involving alleged false advertising of food and beverage products demonstrates the continued difficulty in certifying these class actions. The U.S. Supreme Court’s analysis of proposed classwide damages models in Comcast v. Behrend has proven to be a particularly high hurdle.

In response, some courts have moved increasingly toward the certification of liability-only classes, deferring the damages issues and effectively continuing to pressure defendants to settle cases in which there are significant questions regarding whether the class can satisfy the Federal Rules of Civil Procedure for class actions — specifically, Rule 23.

Next year is sure to bring more attention to the viability of liability-only classes, both in food and beverage and other potential class actions.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.