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Motion to Dismiss › Pleadings › Class Action

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

Seyfarth Shaw LLP

No Quick Exit On 401(k) Class Action Alleging Imprudent Proprietary Fund Offerings

Seyfarth Shaw LLP on

Seyfarth Synopsis: A district court recently denied a motion to dismiss a 401(k) proprietary fund class action, continuing an overwhelming trend of allowing these cases to survive pleading challenges....more

Bass, Berry & Sims PLC

Chris Lazarini Examines State Court Jurisdiction Under the Securities Act of 1933

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendants claimed a state court did not have jurisdiction to hear a class action lawsuit alleging violations of the Securities Act of 1933. The court...more

Mintz - Consumer Product Safety Viewpoints

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

Mintz - Consumer Product Safety Viewpoints on

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

Katten Muchin Rosenman LLP

Southern District Rejects Evidence from "Confidential Witnesses" as Basis for Securities Class Action

Katten Muchin Rosenman LLP on

A securities class action lawsuit against Canadian Solar, Inc. (CSI) was recently dismissed in the US District Court for the Southern District of New York for failing to adequately plead the required elements of a federal...more

Morrison & Foerster LLP - Class Dismissed

Pfizer’s Motion to Dismiss Successful in Class Action Over Its Probiotic Advertising

Morrison & Foerster LLP - Class Dismissed on

It is no surprise to anyone defending against false advertising claims that Rules 8 and 9(b) of the Federal Rules of Civil Procedure are powerful tools to force plaintiffs to articulate with specificity their theory of why...more

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