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
Airline Employees Class Action Fails to Take Off
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
Pennsylvania Supreme Court Agrees to Hear Referral from Third Circuit
Here is one to watch. The Pennsylvania Supreme Court has agreed to hear a case on recommendation from the Third Circuit dealing with when state law bars negligent design and strict liability claims related to medical devices. Melissa Ebert v. C.R. Bard Inc., No. 26 EAP 2021 (Pa.).
A little background. Ever since the Tincher
Chamber Institute Paper on “Food Court”
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
An All Too Common MDL Issue
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
Lack of Personal Jurisdiction Dooms Device Claim
Personal jurisdiction — the issue of where a defendant can be sued — seems like it should be a straightforward issue. But of course it is not, as the Supreme Court evolves its understanding of minimum contacts, the notion of doing business over the internet develops, state courts apply and misapply ancient “consent” to do
Summary Judgment Granted in Medical Device Remanded Case (Mostly)
Today’s post involves Couturier v. Bard Peripheral Vascular, Inc., 2021 WL 2885903 (E.D. La. Jul. 8, 2021). This products liability action was remanded from the MDL In re: Bard IVC Filters Products Liability Litigation, MDL 2641 (D. Az.). Plaintiff alleged injuries suffered after being implanted with an Inferior Vena Cava (“IVC”) filter medical device
Seventh Circuit Affirms Summary Judgment in Pet Food Class Action
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
Interesting MDL Article Published
Our readers interested in Multi-district Litigation may want to check out recent scholarship from Prof. Brian Fitzpatrick of Vanderbilt Law School.
In Many Minds, Many MDL Judges, 84 J. L. & Contemporary Prob. (2021, Forthcoming), the Professor asserts that the federal MDL statute may concentrate more power in the hands of a single person than
Texas Supreme Court Responds to Certified Question on Internet Sellers
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,