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
Consumer Fraud
Beverage Class Action Discarded on Appeal
By Sean Wajert on
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…
Seventh Circuit Affirms Summary Judgment in Pet Food Class Action
By Sean Wajert on
The Seventh Circuit affirmed the grant of summary judgment to a pet food maker in a putative class action alleging Champion Petfoods USA Inc. misrepresented features of its dog food. Weaver v. Champion Petfoods USA Inc., No. 20-2235, 2021 WL 2678801, at *1 (7th Cir. June 30, 2021).
Plaintiff alleged he purchased purchased Champion dog…
Supreme Court Weighs in on Standing Again
By Sean Wajert on
Today’s post looks at standing and the recent US Supreme Court decision in Transunion v. Ramirez, No. 20–297 (U.S. Decided June 25, 2021). The case arose out of the Fair Credit Reporting Act which regulates the consumer reporting agencies and also creates a cause of action for consumers to sue and recover damages for…
Ninth Circuit Affirms Dismissal of Chicken Consumer Class Claims
By Sean Wajert on
The Ninth Circuit affirmed the dismissal of a putative class action accusing Trader Joe’s of mislabeling its chicken packaging. Webb v. Trader Joe’s Co., No. 19-56389, 2021 WL 2275265 (9th Cir. June 4, 2021).
Plaintiff claims she purchased “All Natural Boneless Chicken Breasts,” “All Natural Chicken Thighs,” and “All Natural Chicken Wings,” (the Products)…
Another Vanilla Class Fails
By Sean Wajert on
Patrick Jane is the fictional lead character of the TV series “The Mentalist.” Ably played by Simon Baker, the character used his skills of reading people, knowledge of people’s reactions, keen powers of observation and deduction, and prodigious memory to assist the police — all the while sipping his cup of tea. …
Elementary, my dear litigant, elementary…
By Sean Wajert on
The Sixth Circuit recently affirmed a trial court’s decision to dismiss a proposed multi-state class action alleging that a car maker sold vehicles with cracked dashboards. James Smith et al. v. General Motors LLC, No. 19-1614, 2021 WL 631475 (6th Cir. 2/18/21). According to Plaintiffs, that defect produces dashboard cracking that could cause severe injuries…
Supreme Court Considering Important No-Injury Class Issues
By Sean Wajert on
A number of interested groups have weighed in as amici in the Supreme Court’s consideration of TransUnion LLC, Petitioner v. Sergio L. Ramirez, No. 20-297 (U.S.), on review from the Ninth Circuit. See 951 F.3d 1008 (9th Cir. 2020) . The issue is the lower court’s attempt, in the face of Article III case law…
Class Action Complaint On Bleach Cleaner Is Rejected
By Sean Wajert on
A California federal court dismissed a complaint alleging that a company misled consumers concerning the properties of its Splash-Less bleach cleaner. See Gudgel v. The Clorox Co., No. 4:20-cv-05712 (N.D. Calif. 1/21/21 ). Plaintiff filed this suit on behalf of herself and a putative class, asserting five causes of action against Clorox: (1) violation of…
Another Vanilla Class Complaint Rejected
By Sean Wajert on
A New York federal court has rejected yet another “vanilla” complaint. In Cosgrove v. Blue Diamond Growers, No. 1:19-cv-08993 (S.D. N.Y. 12/17/20), the court dismissed a proposed class action alleging that the defendant improperly labelled its vanilla almond milk product finding that the company did not mislead consumers with the product’s vanilla flavor label.
Plaintiffs…