False Advertising Consumer Class Actions: Navigating Complex Issues of Standing, Damages, CAFA Removal and More

Strategies for Class Certification, Summary Judgment, Settlement, and Trial

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Thursday, November 19, 2015

Recorded event now available

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Course Materials

This CLE course will examine the latest court developments and trends in false advertising consumer class actions. The panel will outline best practices for plaintiff and defense counsel to tackle challenges related to standing, damages, removal, certification and more.


Consumer lawsuits alleging injuries from false advertising obtain class certification more frequently than even claims involving physical injuries. Claims based on state laws on unfair and deceptive business practices are typically filed in federal court based on diversity, raising complex questions regarding removal under CAFA.

In addition to overcoming removal hurdles, plaintiff and defense counsel in false advertising consumer class action cases must navigate issues of standing, reliance by the plaintiff on the alleged misstatements, burden of proof, and causation. Counsel must also contend with differing certification standards among the circuit courts.

Listen as our panel of class litigators—including plaintiff and defense counsel—discusses current trends in litigating false advertising consumer class claims. The panel will outline strategies for class counsel during class certification, the summary judgment hearing, settlement and trial.



  1. Recent trends in false advertising consumer class action lawsuits
  2. False advertising suit strategies
    1. CAFA removal
    2. Defeating certification
    3. Succeeding on merits before certification
    4. Burden of proof
    5. Puffery as a defense
    6. Discovery strategies
    7. Settlement strategies


The panel will review these and other key issues:

  • What approaches have plaintiffs’ counsel found effective in pursuing false advertising consumer class claims?
  • What are the methods that defense counsel can use to defeat certification in consumer false advertising cases?
  • How have recent decisions on certification impacted the litigation of false advertising consumer class claims?


Joshua A. Reiten
Joshua A. Reiten

Perkins Coie

Mr. Reiten represents a wide variety of clients in many areas of the law, including class action defense, trade...  |  Read More

Ali R. Rabbani
Ali R. Rabbani

Winston & Strawn

Mr. Rabbani's practice is comprised of a broad range of complex commercial litigation, including securities,...  |  Read More

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