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
Continue Reading New Year’s Fitness Resolution- Drop the Fitness Tracker Class Action
Twombly
Class Action on Smoke Detectors Dismissed: All Smoke No Fire
A California federal court recently rejected rejected a proposed class action in which plaintiffs alleged smoke alarms were defective in that the prod…
Continue Reading Class Action on Smoke Detectors Dismissed: All Smoke No Fire
Consumer Fraud Class Claim Dismissed in Beverage Case
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…
Continue Reading Consumer Fraud Class Claim Dismissed in Beverage Case
Medical Monitoring Complaint Held Insufficient
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…
Continue Reading Medical Monitoring Complaint Held Insufficient
Proposed TV Class Action Dismissed Again
A California federal court has again dismissed a proposed class action brought against Sony Corp. of America regarding allegedly defective televisions…
Continue Reading Proposed TV Class Action Dismissed Again
“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…
Continue Reading “Infected” Tissue Claim Not A Consumer Fraud Claim
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…
Continue Reading Defect Allegations Insufficient in Drug Case
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…
Continue Reading A Picture Worth a Thousand Words Under Twombly?
Federal Court Dismisses Proposed Television Consumer Fraud Class Action
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 …
Continue Reading Federal Court Dismisses Proposed Television Consumer Fraud Class Action
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…
Continue Reading Federal Court Dismisses Soda Misrepresentation Claim