A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in...more
2/22/2016
/ Actual Injuries ,
Class Action ,
Economic Injuries ,
Food and Drug Administration (FDA) ,
General Mills ,
Motion to Dismiss ,
Order to Stay ,
Primary Jurisdiction Doctrine ,
Standing ,
Trans Fat ,
Unfair Competition
A recent decision from the Southern District of New York demonstrates the challenges consumers face in seeking injunctive relief on behalf of a class. On October 21, 2015, in Albert et al. v. Blue Diamond Growers, et al.,...more
10/29/2015
/ Class Action ,
False Advertising ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Injunctive Relief ,
Misrepresentation ,
Motion to Dismiss ,
Product Packaging ,
Social Media ,
Standing ,
Subject Matter Jurisdiction ,
Websites
Judge Phyllis J. Hamilton of the Northern District of California recently granted Kimberly-Clark’s motion to dismiss a case challenging the truthfulness of the defendant’s claims that its wipes are flushable. Davidson v....more