News & Analysis as of

Breach of Warranty

New Filings – January 10, 2018

by Perkins Coie on

Community Science Institute v. Target Corp, et al., No. RG18-887565 (Cal. Super. Ct. – Alameda Cnty.): Proposition 65 action alleging Defendant fails to warn consumers that its Up & Up Toddler Beginnings Infant Formula with...more

Extra Foam, Please: Common Sense Prevails and Court Finds that Starbucks Lattes Contain Foam

by Dorsey & Whitney LLP on

Yes, you read the title of this post correctly – Judge Rogers of the Northern District of California granted summary judgement in favor of Starbucks in a proposed class action lawsuit alleging that the coffee company deceived...more

Blog: High Court rules on the application of suspensive warranty provisions in insurance contracts

by Cooley LLP on

In Bluebon Limited (in liquidation) v (1) Ageas (UK) Limited (formerly Fortis Insurance Limited) (2) Aviva Insurance Limited (3) Towergate Underwriting Group Limited [2017] EWHC 3301 (Comm), Mr Justice Bryan held that an...more

Westport’s Novel Claims for PCB Remediation Costs End at First Circuit

by Beveridge & Diamond PC on

The Town of Westport cannot recover clean-up costs from manufacturers of PCBs used in caulk at the town’s middle school under a variety of common law and statutory theories, according to a ruling by the First Circuit in Town...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Risk Mitigation Strategies for Food and Beverage Companies: Five Prophylactic Measures

by Dorsey & Whitney LLP on

Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

by Shook, Hardy & Bacon L.L.P. on

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Rulings, Orders, Settlements – October 9, 2017

by Perkins Coie on

Court Denies Motion to Dismiss Class Action Involving Healthfulness of Extra Virgin Coconut Oil - Traction v. Viva Labs, Inc., No. 3:16-cv-02772 (S.D. Cal.): The Court issued an order denying Defendant’s motion to dismiss...more

New Filings – October 2, 2017

by Perkins Coie on

Kramarz v. JR Carlson Laboratories Inc., 2017-CH-12609 (Ill. Super. Ct. – Cook Cnty.): Putative class action raising claims for breach of express warranty and unjust enrichment, and alleging violations of various states’...more

Products Liability? Prove It

by Nexsen Pruet, PLLC on

Under South Carolina law, a products liability case may be founded in several theories, including warranty. Regardless of the chosen theory, however, a plaintiff must establish (1) he was injured by the product; (2) at the...more

Under Construction - September 2017

by Snell & Wilmer on

Welcome to the fall 2017 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to make the final push to successfully finish out the remainder of the year. In this issue, we...more

Product Liability Update: August 2017

by Foley Hoag LLP on

United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

by Snell & Wilmer on

On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

The “As-Is, Where-Is” Disclaimer – How Strong Is It?

by Steptoe & Johnson PLLC on

A bank is planning to sell equipment collateral – either repossessed equipment taken after a borrower’s default or leased equipment that has been returned by a lessee at the end of the lease term. [In this article, the term...more

Truffle Kerfuffle: Truffle Lawsuit Not on the Menu for Plaintiffs

Truffles are renowned as one of the rarest delicacies in the world. Perhaps not quite as rare, but still fairly uncommon, is the dismissal with prejudice of a false advertising class action without the plaintiffs being...more

SDNY Brushes Away Presumption Against Preemption and Stays Class Action Via Primary Jurisdiction

by Reed Smith on

We depend on young associates to perform most of the legal research that supports the arguments we make on behalf of our clients. By and large, those associates do an excellent job. On those rare occasions when we find...more

Real Property & Title Insurance Update: Week Ending May 19 & 26, 2017

by Carlton Fields on

Real Property Update - Foreclosure/Standing/Lost Note: if plaintiff did not have right to enforce note when lost, plaintiff should present evidence of assignment from payee to plaintiff or affidavit of ownership - ...more

Kentucky Trial Court follows U.S., not Kentucky, Supreme Court Precedent to Hold that Claims Against Investigational Device Were...

by Reed Smith on

It is quite unusual for a state trial court to depart from that state’s highest court precedent. But consider that old Hebrew National frankfurter advertising campaign: “We answer to a higher authority.” If the United...more

Xarelto Litigation – Bellwether Update

Searcy Denney Mass Tort Unit attorneys Brenda Fulmer and Cal Warriner have filed three more lawsuits on behalf of Florida and North Carolina residents who suffered bleeding in their brains and GI tracts following use of...more

Green Bonds – An Introduction

by White & Case LLP on

Since their introduction in 2007, Green Bonds issuances have exponentially increased in volume and have become part of the lexicon of environmental finance. Simply defined, Green Bonds raise funds for new and existing...more

Third Circuit Rules Arbitration Agreement Included In Product Manual Is Unenforceable

by Carlton Fields on

This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more

Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”

In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute...more

DJI Drone Manufacturer Hit with Class Action Lawsuit Over Firmware Update

Last week, a class action law suit was filed against leader in the drone industry, DJI Technology, Inc. (DJI), for an allegedly harmful firmware update that occurred in December 2015 that rendered certain commercial drones in...more

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