Red Bull Secures Dismissal of Copycat False Advertising Suit

Skadden represented Red Bull North America, Inc. and its corporate parent and affiliate in securing the dismissal with prejudice of a class action in which a resident of Puerto Rico sought to represent a class of consumers from Puerto Rico and the U.S. territories in challenging Red Bull's advertising statements. The suit was a near-verbatim copy of a nationwide class action in which Skadden had previously obtained a favorable settlement (which had included residents of Puerto Rico and the U.S. territories). Skadden (1) secured the transfer of the copycat suit from the District of Puerto Rico to the Southern District of New York; (2) secured a dismissal with prejudice against the Red Bull entities on the grounds of res judicata, release and failure to serve; and (3) secured the denial of the plaintiff's inexplicable motion for default against a Red Bull entity that had never been served.