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