We previously wrote about the Northern District of New York’s recent dismissal of a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels...more
A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more
3/28/2025
/ Article III ,
Baby Products ,
Class Action ,
Dismissals ,
Food Manufacturers ,
Food Safety ,
Injury-in-Fact ,
Manufacturers ,
Motion to Dismiss ,
Pleadings ,
Standing ,
Toxic Chemicals
A Georgia appellate court recently affirmed the grant of class certification in favor of a class of Georgia individuals whose vehicles were booted in locations where no ordinance had been enacted authorizing the booting of...more
A California federal court denied a Japanese convenience store chain’s motion to dismiss and to strike classwide allegations of food mislabeling, finding the named plaintiff had standing to assert claims for injunctive relief...more
The Third Circuit breathed new life into claims asserted by four of the nine named plaintiffs in a proposed class action over Bayer’s 2021 recall of benzene-contaminated antifungal sprays, finding they had sufficiently...more
In September 2024, the Seventh Circuit affirmed the grant of a motion to compel arbitration in a proposed class action claiming that Wisconsin-based retailer Menards used a “deceptive bait-and-switch scheme” to charge...more
In July 2024, the Fourth Circuit affirmed the denial of class certification for a group of Chinese investors who were allegedly duped into entering a Ponzi-like investment scheme to purchase two dozen golf courses and other...more
A federal judge in Oklahoma recently stayed class proceedings, including the distribution of class notice, but declined to stay summary judgment briefing pending a ruling on the defendant’s petition to the Tenth Circuit for...more
The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website...more
The Ninth Circuit recently affirmed a district court’s decision to grant motions to compel arbitration and dismiss without prejudice six putative class actions against sporting goods retailers based on “sufficiently...more
A district court in the Seventh Circuit recently granted a motion to compel arbitration and stay proceedings in a putative class action involving Hyundai’s Blue Link crash assistance program. Tamburo v. Hyundai, No....more
In a jurisdictional win for online servicers and web-based platforms, the Ninth Circuit affirmed the dismissal of a putative class action alleging that Shopify violated California privacy and unfair competition laws by...more
The Third Circuit affirmed the dismissal of a consumer class action against Whirlpool Corp. and various retailers of Whirlpool’s washing machine products after determining that an energy efficiency logo on three of...more
Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional ruling in Bristol-Myers to class actions. We then wrote an update that the Seventh...more
Takeaway: We previously wrote that the Seventh Circuit had become one of the first circuits to address the application of the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions, holding that...more
Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions. We anticipated that this issue would...more
Takeaway: Injunctive relief is a forward-looking remedy. A damages award compensates for past harm. This dichotomy lies at the heart of the difference between a Rule 23(b)(2) injunctive relief class and a Rule 23(b)(3)...more
District courts continue to split on whether to apply the Supreme Court’s holding in Bristol-Myers, a case limiting personal jurisdiction over non-resident multistate mass tort claimants, to the class action context. This...more