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4th Circuit Unmasks Company Doe & Unseals Entire Record in CPSC Database Case

Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s...more

A (POM) Wonderful Result For Consumer Class Action Defendants

On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Is US-style class action litigation coming to the EU? European Commission calls for collective redress mechanisms in EU national...

The European Commission is calling for European Union member states to introduce an injunctive and compensatory collective redress mechanism to their national procedural rules by July 26, 2015. In many respects, the concept...more

Buckyballs® Strike Back: Former CEO Sues CPSC

In May 2013, the Consumer Product Safety Commission (CPSC) took the unprecedented step of naming Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings, LLC, the manufacturer of Buckyballs®, in...more

Credit and Debit Card Payment Regulations and Laws

Legal Alert – Credit and Debit Card Payment Regulations and Laws Introduction To curb money laundering, corruption and tax evasion, the Nigerian apex regulatory Bank, the Central Bank of Nigeria (“CBN”) has continued...more

7th Circuit Again Certifies Butler v. Sears, Roebuck, & Co. Class

This week we discuss the Seventh Circuit's decision to once more certify the class action cases in Butler v. Sears, Roebuck, & Co. after the case was remanded by the Supreme Court in light of Comcast Corp. v. Behrend....more

6th Circuit Reaffirms Class Certification in Whirlpool II

his installment of the Hoosier Litigation Blog revisits the Supreme Court decision in Comcast Corp. v. Behrend in light of the 6th Circuits recertification of the class in Whirlpool II....more

Is the Supreme Court Needlessly Using Comcast Corp. v. Behrend to Vacate Certified Classes?

This installment of the Hoosier Litigation Blog provides a discussion of the Supreme Court's recent use of Comcast Corp. v. Behrend to vacate class certification in a number of cases including the Seventh Circuit's decision...more

$40 Million Skechers Toning Shoe Settlement Receives Final Approval

On May 10, 2013, Judge Thomas B. Russell of the Western District of Kentucky granted final approval of the $40 million settlement in In Re: Skechers Toning Shoe Products Liability Litigation, No. 3:11-md-02308, 2013 U.S....more

Wisconsin Lawmakers Propose Changes To Wisconsin’s Lemon Law

In Wisconsin, consumers who purchase a defective new vehicle are protected by the state’s Lemon Law. Now, state lawmakers are seeking to change the law, by reducing damage awards and giving manufacturers more time to resolve...more

Road to class certification gets bumpier

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for...more

Product Liability Annual Review -- 2012

In This Issue: Letter from Chair; Key Practice Highlights; Aviation; Consumer Products and Toxic Torts; Pharmaceutical Products and Medical Devices; Awards + Rankings; Publications; Key Contacts. Excerpt from...more

FDA Exhibits Increased Authority under Food Safety and Modernization Act

In early September of 2012, the U.S. Food and Drug Administration (“FDA“) and Centers for Disease Control and Prevention (“CDC“) announced an investigation into a multi-state outbreak of Salmonella Bredeney infections linked...more

7th Circuit Provides Much Needed Clarification of Class Action “Predominance” Requirement: Butler v. Sears

This week's article covers the landmark 7th Circuit decision Butler v. Sears that provided much needed clarification of the "predominance" requirement in class action cases....more

Generic Drug Law Update -- November 2012: Expanding Liability for Ineffective Product Recalls

FDA-regulated companies may face civil liability if they fail to provide adequate notice of product recalls to their customers via information gathered in company customer databases. A group of California plaintiffs sued a...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...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

Limitation of Liability in a Supply Contract

In order to ensure that the terms and conditions set forth in the Supply Agreement can be enforceable, the clauses related with exclusion of limitation of liabilities needs to be observed and revised in accordance with UCTA....more

Company "Doe" Files Suit Challenging the CPSC Database

Multiple reports indicate that an unnamed company filed a suit last week, under seal, to challenge aspects of the Consumer Product Safety Commission's new public database. Readers may recall that the Consumer Product...more

Felecita Del Carmen Canas, et al v. Centerpoint Energy

Plaintiffs' Memorandum of Law on the Filed Tariff Doctrine and how it Does not Protect a Gas Utility from Tort Liability

Felecita Del Carmen Canas was burned alive in a gas explosion. She left three orphans. Millions and millions of underground pipelines transport gas from public utility companies to our homes, schools and businesses. Most of...more

On level terms: unfair terms and drafting consumer contracts

UK contract law has been re-written to benfit consumers - so what strategies should you adopt in writing terms and conditions for consumer constracts?...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

Judge Makes Decision on the Necessity and Reasonableness of Fees And Costs In Lead Paint Toy Claims

Federal Judge William Hart ruled that a liability insurer owed a defense to a seller of toys that were manufactured in China in ACE American Insurance Co. v. RC2 Corp. Inc. et al., 568 F. Supp. 2d 946 (N.D. Ill. 2008). The...more

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