Consumer Protection › Personal Injury › Civil Procedure

The Stories Behind Outstanding Verdicts

Recently I attended the Trial Lawyer of the Year Gala hosted by the San Francisco Trial Lawyers Association (SFTLA). I always enjoy this event not only because it showcases outstanding legal advocacy, but also because I...more

Social Media and California Jurors

In April 2012, The Judicial Council of California Advisory Committee on Civil Jury Instructions (“CACI”) amended its Jury Instructions to address the prevalence of electronic communication and social media amongst our jurors....more

Class Certification Denied In Recent Consumer Products False Advertising Cases

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

General Mills Points to Ingredient List in Defense of “100% Natural” Claims

General Mills recently filed a motion to dismiss a putative class action accusing the company of falsely advertising its popular Nature Valley granola products as “100% natural.” Chin et al. v. General Mills, Inc., Case No....more

Ontario Court Makes Rare Decision in Common Issues Class Action Trial

The Ontario Superior Court of Justice recently released its decision in the common issues class action trial of Ramdath v. George Brown College, 2012 ONSC 6173. This is one of the very few rulings on the merits of a class...more

Generic Drug Law Update -- November 2012: An Agency "Warning Letter" Does Not a Lawsuit Make: Sometimes a "Warning Letter" Is...

The number of consumer class action complaints brought against product manufacturers under state consumer protection and/or false advertising law statutes continues to rise. This increase can be traced in part to some...more

Do I Qualify to Participate in a Transvaginal Mesh Lawsuit?

Recently, the public has become aware of serious health complications suffered by women after undergoing surgery for pelvic organ prolapse (POP) or stress urinary incontinence (SUI) with transvaginal mesh devices. According...more

DRI Product Liability Conference Underway

This week I am attending the DRI Product Liability seminar. Yesterday's highlights included a keynote address by Hon. Anne Northup, Commissioner of the Consumer Product Safety Commission. Her remarks covered "The Past,...more

PUTTING THE BRAKES ON NATIONAL CLASS ACTIONS: The Ninth Circuit Substantially Limits The California Supreme Court's Tobacco II...

Mazza v. American Honda Motor Company, Inc., No. 09-55376 (9th Cir. Jan. 12, 2012). The Ninth Circuit has vacated a lower court's decision certifying a nationwide class of drivers who allegedly purchased a special...more

Faitro v. Top Surgeons et al.

Demurrer to First Amended Complaint

Defendants' demurrer to the First Amended Complaint's UCL, FAL and CLRA causes of action based on failure to plead reliance, and failure to plead requisite damages sufficient to confer standing under Simpson Strong Tie v....more

Faitro v. Top Surgeons et al.

Defendants' Petition to Compel Arbitration

Defendants filed their petition to compel individual arbitration of the putative class action claims pursuant to the United Supreme Court's ruling in Concepcion v. ATT. Briefing schedule and hearing date to be set by the...more

Ninth Circuit Decertifies Consumer Fraud Class

The Ninth Circuit last week reversed the certification of a nationwide class raising consumer fraud claims against an auto maker. See Mazza, et al. v. American Honda Motor Co., No. 09-55376 (9th Circuit). Honda appealed...more

"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. Now comes a decision about a non-consumer product consumer fraud claim. A...more

Editor's Choice: Top Five Legal News Stories, Thanksgiving Edition

In This Issue: • Spare the Rod, Spoil the Child, Suspend the Judge. The Texas Supreme Court has suspended a state judge who went all aggro on his 16-year-old daughter for illegally downloading music files. William Adams...more

Senate Bill 558 - Letter to California Assembly Judiciary Committee in Opposition

SB 558 proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance of...more

Senate Bill 558 - Letter to California Assembly Judiciary Committee in Opposition

SB 558 is proposes to lower the evidentiary standard for obtaining enhanced remedies available under California's Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) from "clear and convincing" to "preponderance...more

Duo of Appellate Decisions Provide Guidance on the Scope and Limits of NJ's Statute of Repose

Two recent decisions of the New Jersey Appellate Division, one published and the other unpublished, provide some much needed guidance on the scope and limitations of New Jersey’s statute of repose, N.J.S.A. § 2A:14-1.1 in the...more

Varderesyan v. Dependable Highway Express

Opposition to Motion to Reduce Verdict re Past Medicals

This Opposition to defendant's motion to reduce verdict re past medical bills was successful in light of recent opinions designed to reduce verdicts for plaintiffs who received past medical awards from their jury. This issue...more

CARTER v CLEVELAND DEVELOPMENT L.L.C.

Appeal Brief on Suing Previous Owner for Lead Poisoning Child

We are representing a family with a lead poisoned child. The landlord does not have deep pockets, but the previous owner who had been order to remediate this problem 2 years prior to my clients renting the house is a large...more

Vardersesyan v. Dependable Highway Express

Motion In Limine Re Medical Bill Reduction as Collateral Source

This is the per-trial Motion in Limine to prevent the defendant from introducing a proposed "reduction" of a large hospital bill on the grounds that such evidence violates the collateral source rule. The Court granted the...more

Kelley v. Nawas International Travel Service

(My litigation) The Ala. Sup. Ct.'s Determination to Enforce Forum Selection Clauses Against Ala. Residents Injured Abroad and...

Traveler abroad who contracted with a travel agent based in Connecticut who was seriously injured on trip is thrown out of court in Alabama based on forum selection clause in travel agent's brochure, despite argument that it...more

Vague 'Wood Dust' Toxin Added to California's Prop 65 Warnings List

In December 2009, California added "wood dust" to the list of more than 900 chemicals and other substances subject to California's Safe Drinking Water and Toxic Enforcement Act," commonly called "Proposition 65." The listing...more

New Recalls Affecting Children

One of the many things personal injury attorneys do is fight to protect the helpless, defenseless members of our society, including children. When large manufacturers ignore their duty to exercise reasonable care in the...more

When Does a Citation Become a Misrepresentation?

The unfortunate reality for most long term care providers is that citations happen. While providers strive for citation-free surveys, the seeming subjectivity, inconsistency, and unpredictability of the regulatory oversight...more

Fourth Circuit Affirms CDA Immunity For Consumer Review Website

In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an...more