A BakerHostetler team that included Partners Bethany Lukitsch and Kamran Ahmadian, plus Associates Alexis Cruz and Jaein Cho, achieved a dismissal of all claims against Arby’s, Jimmy John’s, Dunkin’, Baskin-Robbins and parent company Inspire Brands in a lawsuit alleging that their websites featured cookie banners that promised to remove trackers but neglected to do so. U.S. Magistrate Judge Alex G. Tse, Northern District of California, ruled that the claims were subject to the pleading standards of Federal Rule of Civil Procedure 9(b), since fraud was an essential part of the plaintiffs’ claims, and they failed to meet all of the standards. The judge also found that the plaintiffs did not allege anything actionable against Inspire beyond establishing that it is the parent company of the other defendants but allowed the claims against Inspire to be amended.
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