A California federal court recently rejected rejected a proposed class action in which plaintiffs alleged smoke alarms were defective in that the prod
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Iqbal
Consumer Fraud Class Claim Dismissed in Beverage Case
By Sean Wajert on
Readers have seen our warning about the trend in food and beverage claims attacking virtually every aspect of the product’s label as a supposed consum…
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Proposed TV Class Action Dismissed Again
By Sean Wajert on
A California federal court has again dismissed a proposed class action brought against Sony Corp. of America regarding allegedly defective televisions…
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“Infected” Tissue Claim Not A Consumer Fraud Claim
By Sean Wajert on
Readers have seen my warnings about plaintiff attorneys trying to turn every marketing statement of opinion or puffing into a consumer fraud claim. No…
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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 Proposed Television Consumer Fraud Class Action
By Sean Wajert on
Here’s a case of a venerable rule (puffery) and an important new doctrine (Twiqbal) being applied in the context of a troubling trend — the spate of …
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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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Duke Hosts Conference on Civil Rules
By Sean Wajert on
Posted in Articles
At the request of the Standing Committee on Rules of Practice and Procedure, the Advisory Committee on Civil Rules sponsored a conference last week at…
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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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