Last week the Sixth Circuit issued a significant opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals Inc., No. 15-3104, 2015 WL 8538119 (6th Cir.
Continue Reading Important Preemption Decision
implied
Coffee’s On: Claims Dismissed in Single-Cup Brewing Class Litigation
By Sean Wajert on
A federal court last week dismissed the claims in a case accusing Green Mountain Coffee Roasters of misrepresenting the performance quality of its sin…
Continue Reading Coffee’s On: Claims Dismissed in Single-Cup Brewing Class Litigation
Strict Liability Does Not Apply to Medical Devices
By Sean Wajert on
Posted in Articles, Drug and Device
Another court has recognized that strict liability or breach of implied warranty claims do not lie against medical device makers. Horsmon v. Zimmer Ho…
Continue Reading Strict Liability Does Not Apply to Medical Devices
Choice of Law Defeats Another Proposed Nationwide Consumer Fraud Class
By Sean Wajert on
A federal court recently ruled that a suit over alleged defects in an MP3 player’s display screen could not proceed as a nationwide class action. See …
Continue Reading Choice of Law Defeats Another Proposed Nationwide Consumer Fraud Class
Class Action Claims Against Labeling of Snack Food Preempted
By Sean Wajert on
Last week, a federal district court held that federal food labeling law does preempt state law claims attacking the use of phrases such as “0 Gr…
Continue Reading Class Action Claims Against Labeling of Snack Food Preempted