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Worth our note is a recent preemption decision in  In re Fosamax (Alendronate Sodium) Products Liability Litigation, 2022 WL 855853 (D.N.J. March 23, 2022).  The case is noteworthy because it contains a cogent and well-reasoned exploration of many of the issues flowing from the Supreme Court’s decision in Merck Sharp & Dohme Corp. v.

Today’s case involves a New York federal court dismissing a proposed class action alleging that the labeling on  “slightly sweet” chai tea lattes misleads consumers into thinking the drinks are low in sugar. Brown v. Kerry Inc., No. 1:20-cv-09730 (S.D.N.Y. 3/7/22).

Plaintiff asserted claims under the NY General Business law, and common law negligent misrepresentation,…

Cases out of New York involving food products catch our eye these days, as NY threatens to become the new “food court.”  Today’s post involves Eric Parham  v. ALDI, Inc., No. 19 CIV. 8975 (PGG), 2021 WL 4296432 (S.D.N.Y. Sept. 21, 2021).

Plaintiff asserted false advertising claims under New York General Business Law (“GBL”) §§…

The Class Action Fairness Act has had a noticeable effect on class action practice.  One aspect of CAFA involves the need to assert jurisdictional minimums, as recently reaffirmed by the Eighth Circuit in Penrod v. K&N Eng’g, Inc., No. 20-1355, 2021 WL 4177761 (8th Cir. Sept. 15, 2021). The appeals court concluded that the plaintiffs…

We want to point out the cogent Comments by Lawyers for Civil Justice to the Advisory Committee on Evidence Rules in response to the Request for Comments on the Committee’s proposed amendment to Federal Rule of Evidence 702. Readers may know that LCJ is a national coalition of corporations, law firms, and defense trial lawyer…

The Ninth Circuit recently decertified a class of consumers claiming Coca-Cola falsely labelled its drinks as having no artificial flavors when they contain phosphoric acid.  In re Coca-Cola Prod. Mktg. & Sales Pracs. Litig. (No. II), No. 20-15742, 2021 WL 3878654, at *1 (9th Cir. Aug. 31, 2021).  Plaintiffs had sought injunctive relief, and the…

Words matter, and never is that more accurate than in a breach of express warranty claim. Plaintiffs were current and former employees of Delta Air Lines who wore uniforms manufactured by defendant Lands’ End. Plaintiffs originally alleged that the uniforms were defective because they transferred dye onto clothing and other property, and because they caused…