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Negligent Misrepresentation Unfair Competition

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

Payne & Fears

California Supreme Court Limits Liability for Payroll Service Providers

Payne & Fears on

On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

Mintz - Consumer Product Safety Viewpoints

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

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

Proskauer - Minding Your Business

Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. (“Goya”). The plaintiff, a purchaser of Goya octopus...more

Morrison & Foerster LLP - Class Dismissed

Testing 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply With FDA Testing Requirements

On February 16, 2016, U.S. District Judge Sam Sparks of the Western District of Texas dismissed a multidistrict litigation involving 11 putative class action lawsuits against various Whole Foods corporate entities and...more

Morrison & Foerster LLP - Class Dismissed

A Handmade Dismissal for Maker’s Mark

A recent decision from the Southern District of California demonstrates the uphill battle consumer lawsuits face when challenging “handmade” or “handcrafted” labels on alcoholic beverages. On July 27, 2015, in Nowrouzi et...more

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