A California federal court has rejected a proposed class action complaint arising from alleged misleading labeling and advertising of vegetable juice
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Medical Monitoring Complaint Held Insufficient
By Sean Wajert on
A federal trial court last week dismissed a medical monitoring claim by an employee of a pipe cleaning company pursuant to Twombly. Royal v. Exxon Mob…
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Defect Allegations Insufficient in Drug Case
By Sean Wajert on
Posted in Articles, Drug and Device
We may be accustomed to talking about whether a product was “defective” and, as counsel for defendant sellers, working hard to show that the…
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A Picture Worth a Thousand Words Under Twombly?
By Sean Wajert on
We have posted about plaintiffs attorneys seeking to exploit the valuable and significant economic boon that is hydraulic fracturing. Today’s post com…
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Federal Court Dismisses Soda Misrepresentation Claim
By Sean Wajert on
A New Jersey federal recently dismissed a putative class action accusing The Coca-Cola Co. of misleading consumers about the health value of the carbo…
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Twombly and Iqbal Webinar
By Sean Wajert on
Posted in Articles
Since the U.S. Supreme Court’s rulings in Twombly and Iqbal —which updated the Conley “any set of facts” standard for motions …
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Ninth Circuit “Strikes” a Blow for Proper Motion Procedure
By Sean Wajert on
Posted in Articles
Phillies’ slugger Ryan Howard was ejected from a game this week in extra innings, leaving his team (which had no more position players) to insert ace …
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Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?
By Sean Wajert on
Posted in Articles
A suit over an allegedly defective truck is the stage for the latest entry in the debate whether the claim pleading standards clarified in Bell Atlant…
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Anti-Iqbal Legislation Update
By Sean Wajert on
Posted in Articles
A few months ago, we alerted readers to the bill that Sen. Arlen Specter (D-Pa.) had introduced that would undermine the clarified civil pleading stan…
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Developments in Proposed Class Actions in China Drywall MDL
By Sean Wajert on
In the Chinese Drywall MDL, certain plaintiffs recently moved for leave to amend their Class Action Complaint to expand the class definition as to def…
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