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Class Representative’s Claims Tossed on Spoliation for Pre-suit Product Repair Alterations

A New York federal court issued an important reminder last week that class representatives—who often perceive their obligations as relaxed given the fictional nature of their role—have important product preservation...more

American ‘Pipe Dream’ – CA Court of Appeal Scrutinizes Limitations Period Tolling Arguments

Extending the United States Supreme Court’s decision in China Agritech, Inc. v. Resh, 138 S.Ct. 1800 (2018), the California Court of Appeal has held that a plaintiff cannot “stack” multiple class actions to extend the...more

Ignition MDL Flips Switch on Longstanding Manifestation Requirement

In a sweeping, and arguably results-oriented opinion, the district court overseeing the General Motors ignition switch multidistrict litigation recently ruled that in roughly half of the nation's jurisdictions, a plaintiff...more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

First Fatality Signals Bumpy Road to Autonomous Vehicle Development

Tesla Motors acknowledged in a press release last week the first known fatal crash involving a vehicle operating in semi-autonomous mode. The report comes at a pivotal time for the automotive industry, with states beginning...more

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

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

NJ Federal Court Confirms: No Consumer Fraud Claims For Product ‘Harm’

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

2/12/2015  /  Class Action , Fraud , Product Defects
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