The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney
What are the Implications of Alice v. CLS?
How Auto Defects Can Cause Passenger Injury
Polsinelli Podcasts - Class Action Lawsuits: What to do When the Claim Arrives
Polsinelli Podcast - Business Litigation Survival Guide
An Overview of the 2014 Class Action Survey
Polsinelli Podcast - FDA Proposed Changes to Food Labels and What it May Mean for Manufacturers
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Craft Beer Boom in Michigan
Not infrequently, the law calls upon a court to decide what another court would do with a particular issue or case. In the closing days of its September term, the Illinois Supreme Court agreed to take up Price v. Philip...more
As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear...more
BakerHostetler's Alan Friel recently interviewed FTC staff lawyer Kandi Parsons and Assistant New Jersey Attorney General Elliot Sibers at the opening session of the Children's Advertising Review Unit ("CARU") of the...more
Amy Langendorf alleged that Skinnygirl Margarita, a pre-mixed alcoholic beverage, contains the non-natural preservative sodium benzoate, rendering the product’s “all natural” label false and misleading. Langendorf filed suit...more
Lawmakers: Time to Discuss the Internet of Things:
What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things?
A group of senators has called for a hearing to...more
Two California courts have recently dismissed false advertising claims concerning the marketing of food products as “natural,” marking a departure from the trend in consumer class actions in that state.
In Richards et...more
On September 19, 2014, Pom Wonderful, LLC dropped its Ninth Circuit appeal of a ruling that dismissed its state deceptive advertising and unfair competition claims against Coca-Cola, a sibling case to a recent Supreme Court...more
A Minnesota judge was probably enjoying fond October baseball memories when he recently wrote a notable decision in a putative class action that involved kosher hot dogs. That decision, Wallace v. ConAgra, addresses the roles...more
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.
- Commentator says “food addiction” is a misleading term that should not be...more
Wacoal America and Norm Thompson, both manufacturers of women’s shapewear, recently entered into consent orders to pay sums of $230,000 and $1.3 million, respectively, and agree to not make any false and misleading future...more
Q: I am in charge of risk management for a global organisation and have been asked to investigate product risk. What suggestions can you offer on managing global supply and distribution?
A: in the past decade or so,...more
We try to avoid puns in this blog but sometimes, well, we just can’t help it.
The makers of “Rockhard Weekend,” a male sex enhancement pill, have successfully sidestepped a claim that they violated federal drug...more
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes...more
In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned...more
Connected cars are expected to generate $ 131.9 billion by 2019 with a compound annual growth rate (CAGR) of 34.7% from 2013 to 2019. But such growth shall face legal issues that not only affect data protection matters, but...more
Pharmaceutical manufacturers that promote off-label uses for prescription drugs have become litigation targets for third-party payors—especially after Kaiser received a nine-figure RICO award last year against the...more
Use of Flawed Study Results in $3.5M Settlement with FTC -
For relying upon the results of a flawed study to make what the Federal Trade Commission characterized as “baseless” and “hopelessly flawed” weight-loss claims...more
In the court battle to have Vermont’s genetically modified organism (GMO) food labeling law (Act 120) overturned, plaintiff trade associations filed a motion for preliminary injunction on September 11, 2014, seeking to enjoin...more
Local governments weighing electronic cigarette regulations should heed the many uncertainties surrounding the safety and risks of these devices. For example, a newly filed lawsuit that seeks class-action status in Los...more
Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative...more
Judge Samuel Conti of the Northern District of California recently issued another blow to class action plaintiffs—this time at the motion to dismiss stage—in Figy v. Frito-Lay N. Am., Inc., Case No. 13-3988-SC (N.D. Cal. Aug....more
Vermont AG defends the state’s GMO statute.
On August 8, the Vermont attorney general filed a motion to dismiss a case brought by food trade groups against the state’s newly enacted statute requiring GMO foods be...more
In This Issue:
- Recent Significant Rulings
..Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action
..Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims
In POM Wonderful LLC v. Coca-Cola Co., decided last month, the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal...more
In a recent food mislabeling case, Judge Manuel Real of the Central District of California dismissed a proposed class action lawsuit finding the plaintiffs’ claims to be implausible as a matter of law. Last year, Judge Real...more
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