News & Analysis as of

Products Liability Business Torts

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

Guest Post – Justice for Patriots’ Fans

by Reed Smith on

This guest post by Andrew C. Bernasconi, of Counsel at Reed Smith, is about a hopeful development in a False Claims Act case we’ve already blogged about once. The previous post queried, what happens when a FCA relator,...more

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Christopher Pisano and Dana Vessey prevailed on a motion for summary judgment on behalf of the City of Colton and one of its police officers in a case that stemmed from a complicated story...more

Don’t Game Your Players with False Advertising

Advertising for new games can present some troublesome legal issues, if due care is not taken. A recently concluded matter in the UK highlights an example of the potential issues. Hello Games was investigated by the...more

Case Halted: California Court Denies Class Certification in Ford Defective Steering Case

On December 22, 2016, a federal District Court Judge in the Northern District of California denied certification of three proposed classes of statewide consumers who purchased or leased certain Ford Fusion or Ford Focus...more

Guest Post – Tis Better to Try and Fail, Then to Have Never Tried At All: Internal Corporate Policies Do Not Create a Heightened...

by Reed Smith on

What follows is a guest post by Cara DeCataldo, a Reed Smith associate, who gamely stepped up to the plate to research one of a number of blogging topics that have been hanging fire for some time now. This topic is a type of...more

Empty spaces causing big problems: the rise of slack-fill litigation

by Thompson Coburn LLP on

Last month, a district court judge in California dismissed a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained too much ice and not enough coffee. The suit was the subject of...more

Food Manufacturer Sued for Allegedly Deceptive ”Slack-Fill”

by Klein Moynihan Turco LLP on

Last Thursday, four New York City residents commenced a federal lawsuit and prospective class action against the world’s leading pasta maker, Barilla S.p.A., and its subsidiaries Barilla America, Inc. and Barilla USA...more

Advertising Law - July 2016 #3

Wikipedia Link Trips up Ninth Circuit False Ad Suit - Ruling that a California federal court incorrectly relied upon a Wikipedia link when considering a summary judgment motion in a false advertising suit, the Ninth...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

The financial advisor who sells a trustee an insurance contract that is inappropriate in light of the trust's purposes risks...

by Charles E. Rounds, Jr. on

It is an understatement that the Minnesota Court of Appeals in In re: Amendment and Restatement of Revocable Living Trust of Alfred J. Berget dated February 15, 2005 [A13-2295, Dec. 8, 2014] afforded the trustee who had...more

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in...

On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone...more

Chocolate Giant Need Not Disclose Child Labor in Supply Chain

Judge Richard Seeborg of the Northern District of California ruled earlier this month in Hodsdon v. Mars, Inc., Case No. 3:15-cv-04450, that neither the FAL, the UCL, nor the CLRA require a company to disclose on its labels...more

Lawsuits Against The Honest Company Highlight Continued Risks of “All Natural” Labeling

Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients. The Honest Company sells...more

Judge Wants Jury to Decide if "Modified Orange Oil" is the New "Orange"

by Stinson Leonard Street on

Last month, Judge Fernando Gaitan, Jr. decided that a false advertising class action against Simply Orange is not "simply" over. On February 8, the court denied the parties' cross motions for summary judgment finding that...more

Latest Survey Highlights the Year's Top Trends in Class Actions [Video]

by Carlton Fields on

To read the full 2016 Class Action Survey report, please visit ClassActionSurvey.com. *** The 2016 Carlton Fields Class Action Survey reveals surprising trends in class action litigation, based on insights provided by...more

Food for Thought: Ninth Circuit Reinstates 'Natural' Labeling Class Suit Against Hain Celestial - Balser v. The Hain Celestial...

by Carlton Fields on

The Ninth Circuit held that a consumer’s definition of “natural” as alleged in the complaint is sufficient for the court’s determination of the sufficiency of the pleading with respect to a motion to dismiss. In Balser,...more

California Court Rejects Tuna Settlement Over Scope of Release

by BakerHostetler on

In recent years, courts have been more carefully scrutinizing class action settlements. A recent example is Hendricks v. Starkist Co., Case No. 3:13-cv-00729 (N.D. Cal. Feb. 19, 2016), where the U.S. District Court for the...more

News & Views: Dietary Supplement Advertising

by Kelley Drye & Warren LLP on

Please find below the first edition of our monthly newsletter specifically for our clients marketing dietary supplements. We hope this helps you stay out in front of regulatory challenges. FTC DEVELOPMENTS -...more

Ninth Circuit Resolves Federal/State Court Split Regarding Whether “Latent” Defects Discovered After Duration of Warranty Period...

In Daniel v. Ford Motor Company (filed 12/02/15), the Ninth Circuit resolved a federal and state court split on the issue of whether consumers can sustain a breach of implied warranty claim under California’s Song Beverly...more

Federal Opinion Lays Out Categories of Unfair-Trade-Practice Claims

by Ellis & Winters LLP on

That five-category structure has now appeared in a judicial opinion for the first time, thanks to a recent opinion from Judge Louise Flanagan of the U.S. District Court for the Eastern District of North Carolina....more

Florida Class action: American Spirit Cigarette Maker

Florida lawyers are once again at the forefront of litigation against Big Tobacco, as last week a class action lawsuit against the maker of American Spirit cigarettes, and its parent company, was filed in Federal Court in...more

Volkswagen Caught – Another Car Maker Duping Consumers

The latest scandal from the automotive industry proves that the public, and now the planet, continue to be cheated despite well-meaning regulation designed to keep us all safe....more

11th Circuit: Rule 23 Trumps State Law Limitation on Class Actions

by Ballard Spahr LLP on

Dealing a blow to defendants facing consumer fraud litigation in the 11th Circuit, the court of appeals for that circuit has reinstated a class action under the Alabama Deceptive Trade Practice Act (ADTPA), despite that the...more

Legislative Update for Brand Manufacturers Distributing in Alabama

by Baker Donelson on

On April 28, 2015, the Alabama House of Representatives passed SB-80, thereby abolishing the highly criticized theory of innovator liability adopted in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813 (Ala. Aug. 15, 2014)....more

118 Results
|
View per page
Page: of 5
Cybersecurity

Follow Products Liability Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.

Feedback? Tell us what you think of the new jdsupra.com!