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Motion to Dismiss › Article III › Pleadings

Kilpatrick

New York federal court tosses toxic metals baby food class action on the pleadings

Kilpatrick on

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

Farrell Fritz, P.C.

Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff

Farrell Fritz, P.C. on

Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied?...more

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