4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
Courts routinely refuse to certify consumer class actions under Federal Rule of Civil Procedure 23(b)(3) based on the need for an individualized showing of the reliance element of a fraud or deceptive trade practices claim....more
On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
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
The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc. (“L’Oreal”) alleging its mascara products contained per-...more
On February 22, the U.S. District Court for the Southern District of New York partially granted a cryptocurrency exchange’s motion to dismiss allegations that its inadequate security practices allowed unauthorized users to...more
The industry is all abuzz about Sazerac’s flavored malt beverage “brand-extension” of its popular Fireball Cinnamon Whisky. Here is a single serving – aka shot – of the original 66 proof distilled spirit:...more
While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification...more
When you buy and eat smoked nuts and cheeses, do you have images of smoke from a wood fire wafting up from smokers as you savor those snacks? Have you ever thought about how your nuts and cheeses were smoked? Many of those...more
On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more
Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more
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
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
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