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
The U.S. District Court for the District of New Jersey has once again confirmed a recent trend in consumer fraud class actions based on product liability claims: if the essence of the claim is harm caused by an allegedly...more
For the second time in as many months, the Northern District of California has decertified a damages class in a food labeling class action because the plaintiff’s damages model was incapable of measuring only those damages...more
In a long-awaited opinion, the Pennsylvania Supreme Court has recently declined to adopt the Restatement (Third) of Torts in product liability cases, ruling instead that the strict liability regime of the Restatement (Second)...more
In a case of first impression, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of design defect claims against a residential homebuilder under New Jersey’s Product Liability Act when the homeowner...more
A recent decision by the U.S. Court of Appeals for the Third Circuit reaffirmed the importance of requiring a plaintiff in a class action to show there is a reliable and administratively feasible method for ascertaining who...more
In Hayes v. Wal-Mart Stores, Inc., plaintiff alleged that Wal-Mart, through its retail warehouse Sam’s Club, violated the New Jersey Consumer Fraud Act, breached its contracts with consumers, and was unjustly enriched by...more
In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more