News & Analysis as of

Consumer Fraud Breach of Warranty

Harris Beach PLLC

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

Harris Beach PLLC on

The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more

Harris Beach PLLC

New York Medical and Life Sciences: Year in Review 2021

Harris Beach PLLC on

From pharmaceuticals to dietary supplements, preemption to public health, New York state and federal courts issued decisions in 2021, which further shaped the landscape in the medical and life sciences legal world. To prepare...more

Bilzin Sumberg

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

Bilzin Sumberg on

Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is...more

Harris Beach PLLC

Breast Implant Multidistrict Litigation Claims Pared Down by New Jersey Federal Court

Harris Beach PLLC on

In a mass tort product liability, class action and consumer fraud consolidated litigation involving Allergan's Biocell textured breast implants and tissue expanders, Allergan moved to dismiss plaintiffs' complaints on...more

Faegre Drinker Biddle & Reath LLP

A Failure of Leakage Linkage: The District of New Jersey Sinks a Proposed Class Action under Tennessee and California Laws over...

A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more

Saul Ewing LLP

Developer is Not Indemnified for its Own Conduct Without an Express Agreement in the Indemnification Clause

Saul Ewing LLP on

In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be...more

Carlton Fields

Third Circuit Ascertainability Requirement Puts The Squeeze On Orange Juice Purchasers

Carlton Fields on

A New Jersey district court denied certification to a putative class of Tropicana orange juice purchasers from “Members Only” or “Loyalty Card” stores in California, New York, New Jersey, and Wisconsin. Plaintiffs alleged...more

Foley & Lardner LLP

Attacking Nationwide Class Actions Based On Personal Jurisdiction

Foley & Lardner LLP on

Earlier this month, Judge Leinenweber of the Northern District of Illinois rejected a named plaintiff’s attempt to bring a nationwide class action, basing his decision on the Supreme Court’s decision last June in...more

Ballard Spahr LLP

Third Circuit Vacates Class Certification, Reaffirms Plaintiff's Burden To Prove Readily Ascertainable Class

Ballard Spahr LLP on

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

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