Surveys show that getting fit is one of the top 5 New Year’s resolutions. So perhaps timely that a federal court recently dismissed a proposed nationw
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Twombly
Class Action on Smoke Detectors Dismissed: All Smoke No Fire
By Sean Wajert on
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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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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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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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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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 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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