Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
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…
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…
Readers may be interested in the new U.S. Chamber Institute for Legal Reform report, “The Food Court: Developments in Litigation Targeting Food and Beverage Marketing.” The paper was authored by my colleagues Cary Silverman, Jim Muehlberger, and Adriana Paris.
It can be found online and deals with the increasing number of consumer class actions targeting…
The MDL court in the 3M Earplug litigation recently rejected defendant’s motion to delay a bellwether trial. See In Re: 3M Combat Arms Earplug Products Liab. Lit., Case No. 3:19md2885 (N.D. Fla.). Bellwether plaintiff Taylor had been set to go to trial in September, but voluntarily dismissed his claims on the eve of trial, after…
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…
The Fifth Circuit late last year certified the question whether the operator of an on-line marketplace is a seller” under Texas products liability law. McMillan v. Amazon.com, Inc., 983 F.3d 194 (5th Cir. 2020).
The Texas Supreme Court in response determined that Amazon.com Inc. isn’t considered a “seller” under Texas product liability law. No. 20-0979,…
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)…
