In a recent Law360 article, litigators Ellen Robbins and Scott Allbright provide insight into a significant shift in the courts that retailers should be monitoring. Last fall, the duo brought attention to a serious uptick in the number of class actions filed against retailers, claiming false reference prices. Robbins and Allbright have followed the trend closely and are now warning retailers that judges are increasingly denying motions to dismiss in the first instance.

"This trend underscores the growing viability of these cases and highlights the challenges retailers face in defending against consumer class actions, which previously underwent a variety of amendments before real litigation kicked into gear. As a result, retailers are likely to see some of their early settlement leverage disappear, making it even more crucial to understand the evolving legal landscape," the pair write.