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Consumer False Advertising Class Action Lawsuits

Obtained global victory for hunting apparel manufacturer and national retailers as lead counsel in nine consumer class action lawsuits, which challenged defendants’ advertising of carbon hunting clothing. Secured the dismissal of plaintiffs' conspiracy claim and certain defendants in the first-filed Buetow action, 564 F. Supp. 2d 1038 (D. Minn. 2008), and then the denial of class certification in all nine of the actions. See Buetow, 259 F.R.D. 187 (D. Minn. 2009); In re Activated Carbon-Based Hunting Clothing Marketing and Sales Practices Litigation, No. 09-md-2059, 2010 U.S. Dist. LEXIS 144548 (D. Minn. Sept. 29, 2010).

After the district court in Buetow granted plaintiffs' motion for summary judgment in part, and issued a permanent injunction against defendants, Buetow, 713 F. Supp. 2d 832 (D. Minn. 2010), Foley briefed and argued the appeal, convincing the Eighth Circuit to: (a) vacate the injunction; (b) reverse the district court's summary judgment order; (c) reject plaintiffs' core allegation that defendants' use of the terms "odor eliminating" and "reactivation" was false; and (d) order the dismissal with prejudice of all claims for equitable relief. Buetow, 650 F.3d 1178 (8th Cir. 2011).

On remand, the district court in Buetow granted defendants' motion to dismiss plaintiffs' individual damages claims and entered judgment in defendants' favor. Buetow, 2012 U.S. Dist. LEXIS 116041 (D. Minn. Aug. 17, 2012). Two days later, plaintiffs agreed to dismiss the eight other actions (pending in California, Florida, Illinois, Indiana, Maryland, Michigan, Minnesota and Wisconsin) with prejudice. In doing so, plaintiffs walked away from a significant investment: in court filings, plaintiffs stated that they had incurred over 15,200 hours of attorney and paralegal time pursuing the actions.