Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
The Ninth Circuit this week declined to revive a proposed class action in Washington federal court accusing defendant of mis-labeling a water drink containing caffeine. See Harold Maple v. Costco Wholesale Corporation, No. 13-36089, 14-35038 and 14-35059, 2016 WL 2621345 (9th Cir. 5/9/16).
This was a putative class action arising from allegedly unfair or deceptive…
The 11th Circuit recently ruled that class certification had been improperly granted to owners of front-loading washing machines that allegedly were susceptible to mold build-up. See Brown v. Electrolux Home Prods. Inc., No. 15-11455, 2016 WL 1085517 (11th Cir. 3/21/16).
Across the country, consumers have filed class actions against the manufacturers of front-loading washing machines.…
A federal court in California has rejected a proposed class action in a case challenging claims on tea labels. See Alex Khasin et al. v. R.C. Bigelow Inc., No. 4:12-cv-02204 (N.D. Calif. 3/29/16),
Plaintiff Khasin sought certification of a class of all persons in California who purchased for household use one or more of…
The Ninth Circuit last week rejected a putative class action accusing a defendant of deceiving consumers about the quantity of product accessible in a lip balm tube. See EBNER V. FRESH, INC., No. Case: 13-56644 (9th Cir. 03/17/2016).
Plaintiff alleged that cosmetics and skin care products manufacturer Fresh, Inc. deceived consumers about the quantity…
Defendant Google has filed a powerful cert petition, asking the U.S. Supreme Court to review a controversial Ninth Circuit decision reviving a putative class action. See Pulaski & Middleman LLC, et al. v. Google Inc., No. 15-1101 (U.S. petition filed 3/1/16).
This case presents the issue whether plaintiffs may use a formula that relies on…
The Tenth Circuit recently affirmed a trial court’s ruling in a putative class action raising the local controversy exception under the Class Action F…
Continue Reading Tenth Circuit Affirms Denial of CAFA Remand
The U.S. Supreme Court issued a decision earlier this week in a case raising the issue whether a defendant can cut off a Telephone Consumer Protection…
Continue Reading Supreme Court Rules on Effect of Offers to Named Class Plaintiffs
Most employers and workers recognize that the “workers comp.” system is entirely separate from the civil law courts, with its own special remedies and procedures. Employers also generally understand that such workers comp. benefits are supposed to be the “exclusive remedy” for any workplace injury.
But the recent case of Prue v. Brady Company, Inc.…
The Supreme Court has granted cert in an important case raising the issue whether a federal court of appeals has jurisdiction under both Article III a…
Continue Reading Cert Granted in Interesting Class Action Appeal
Readers will recall our many posts about the “all natural” litigation and the spate of cases plaintiff firms have brought challenging such l…
Continue Reading FDA Seeks Comment on “Natural” Labels
