A federal court recently dismissed a proposed class action accusing a food company of misleadingly labeling cooking oils as 100% natural when they all
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pleading
“Infected” Tissue Claim Not A Consumer Fraud Claim
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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Defect Allegations Insufficient in Drug Case
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?
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
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
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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Proposed CFA Class Action on Bath Products Is Dismissed
A federal court has dismissed a putative class action accusing Johnson & Johnson Consumer Co. Inc., L’Oreal USA Inc., Kimberly-Clark Corp., and ot…
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Rule 15 Amendments May Impact Removal Prospects
Readers of MassTortDefense know how important the choice of forum can be for significant product liability and mass tort matters. The differences betw…
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Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?
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
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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