Michael Carroll

Michael Carroll

Ballard Spahr LLP

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Federal Appeals Court Revives Suit Over "All Natural" Cosmetic Labeling

“A product labeled ‘all natural’... likely evokes images of ground herbs and earth extracts rather than chemicals such as ‘Polysorbate 20’ or ‘Hydroxycitronellal.’” With that opening sentence, the Ninth Circuit Court of...more

4/16/2015 - All Natural Appeals Class Action Cosmetics Jurisdiction Labeling

NJ Federal Court Confirms: No Consumer Fraud Claims For Product ‘Harm’

The U.S. District Court for the District of New Jersey has once again confirmed a recent trend in consumer fraud class actions based on product liability claims: if the essence of the claim is harm caused by an allegedly...more

2/12/2015 - Class Action Fraud Product Defects

California Federal Court Decertifies Second Damages Class in as Many Months

For the second time in as many months, the Northern District of California has decertified a damages class in a food labeling class action because the plaintiff’s damages model was incapable of measuring only those damages...more

12/22/2014 - Blue Diamond Growers Class Action Decertify Dole Food

Pennsylvania Supreme Court Declines To Adopt Restatement (Third) of Torts

In a long-awaited opinion, the Pennsylvania Supreme Court has recently declined to adopt the Restatement (Third) of Torts in product liability cases, ruling instead that the strict liability regime of the Restatement (Second)...more

11/24/2014 - Negligence Strict Liability

Third Circuit Denies Rehearing En Banc in Closely Watched Class Action

The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more

5/6/2014 - Affidavits Bayer BMW Class Action En Banc Review

Federal Court Rejects Controversial Attempt To Expand Class Action Liability

In a putative class action in federal court, the U.S. District Court for the District of New Jersey quickly put to rest a controversial theory advanced by the plaintiffs to allow them to sue defendants who admittedly caused...more

4/21/2014 - Article III Class Action DirectTV Standing

Plaintiffs May Assert Negligent Design Claims for Prescription Drugs, Pa. Supreme Court Holds

In a stunning decision with broad implications for pharmaceutical companies in Pennsylvania and elsewhere, the Supreme Court of Pennsylvania has held that plaintiffs may assert negligence claims against pharmaceutical...more

1/24/2014 - FDA Negligence Negligent Design Pharmaceutical Prescription Drugs SCOTUS

Third Circuit Vacates Class Certification, Reaffirms Plaintiff’s Burden To Prove Readily Ascertainable Class

A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more

8/14/2013 - Class Action Class Certification Wal-Mart Warranties

Third Circuit Vacates Class Certification, Reaffirms Plaintiff's Burden To Prove Readily Ascertainable Class

In Hayes v. Wal-Mart Stores, Inc., plaintiff alleged that Wal-Mart, through its retail warehouse Sam’s Club, violated the New Jersey Consumer Fraud Act, breached its contracts with consumers, and was unjustly enriched by...more

8/7/2013 - Breach of Contract Breach of Warranty Consumer Fraud Unjust Enrichment

Supreme Court Rejects ‘Stop-Selling’ Argument in Conflict Preemption Cases

In a 5-4 decision, the U.S. Supreme Court rejected the notion that a manufacturer’s option to stop selling its product resolves preemption concerns raised by conflicting state and federal laws....more

6/27/2013 - Generic Drugs Manufacturers Mutual Pharmaceuticals v Bartlett Preemption Prescription Drugs SCOTUS Stop-Selling Rationale

Federal Court Precludes Defendant’s Class Certification Expert

In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more

3/7/2013 - Class Action Class Certification Daubert Hearing Expert Witness

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