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Defeating Class Certification in Food Labeling Class Actions
In postings in September 2013 and February 2014, I discussed tactics for opposing class certification in food labeling class actions. These tactics included relying on the Supreme Court’s opinion in...
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Losing Preemption in a Labeling Class Action but Thinking About Winning Down...
A recent federal court decision rejected a preemption argument under the Food, Drug, and Cosmetic Act and the Nutrition Labeling and Education Act regarding Smart Balance “fat-free” milks. Admittedly,...
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Target Security Breach Exposes Company to Class Action Litigation
This past holiday season, Target Corporation was victimized by one of the largest retail data breaches in the United States. On December 19, 2013, Target confirmed reports that hackers stole payment...
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U.S. Court of Appeals Rules Employer Arbitration Agreements Can Limit Class...
On August 21st, the U.S. Court of Appeals for the Ninth Circuit in Richards v. Ernst and Young held that an employer’s arbitration agreement could be enforced, despite any limitation on joint or class...
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Dukes Plaintiffs: When at First You Don't Succeed . . . .
As was reported yesterday the plaintiffs in the 2011 landmark class action case Dukes v. Wal-Mart haven't given up and are now attempting to pursue regional class cases in federal courts in California,...
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An Important Class Action Defense Victory in the "Food Court"
A current trend in consumer class action litigation across the country focuses on food and beverage labeling. Plaintiffs will allege that products labeled as “all natural,” being a good source of a...
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Supreme Court Decision in Comcast v. Behrend Aligns With DRI Amicus Brief
Class Action Deemed to Be Improperly Certified by Lower CourtsCHICAGO – (March 27, 2013) The Supreme Court this morning reversed the judgment of the Third Circuit Court of Appeals in the case of...
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Former Federal Prosecutor to Open Yet Another Litigation Financing Firm
The growing industry of litigation funding will be expanding further very soon. Reuters reported last week that well known former federal prosecutor Andrew Stolper of Santa Ana, California, will open...
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Koch Rattles Wine Auction World: GBL § 350 "Game Changer"
To successfully assert a claim under New York General Business Law § 349 (h) or § 350, "a plaintiff must allege that a defendant has engaged in (1) consumer-oriented conduct that is (2) materially...
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Cruise-line mishaps and the Difficulty Pursuing Claims
The recent experience of the passengers the Carnival Triumph debacle once again raises the question of remedies sought and available for cruise passengers who suffer harms while at sea. As with the...
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District Court Denies Insurer Access to Insured’s Defense File
A Pennsylvania district court in CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, LLP (E.D. Pa. Jan. 28, 2013), refused to allow an insurer access to its insured’s defense file, holding...
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“How much is not enough? Blog asks whether class action litigation will...
Law.com’s Legal Blog Watch recently noted a viral Facebook photo involving a “footlong” sandwich that appeared to be less than 12 inches long:...
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ON YOUR MARK…., GET SET…., SHOP!
With the start of the holiday shopping rush just a week away, retailers should be mindful of their responsibility to keep customers safe when large crowds gather to take advantage of well-advertised...
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Be Careful What You Wish For: Interesting Article On Efforts To “Punish”...
Terry Baynes of Thomson Reuters has an interesting article on efforts by a few plaintiffs’ attorneys to “crowd source” consumer arbitration claims. The effort arises out of the Supreme Court’s...
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Ethics Experts Question Bank of America’s Request for Legal Fee Credit
Bank of America’s new plan to seek reductions in its legal fees from certain outside law firms have some experts questioning the ethics of this unusual practice. The bank is seeking a credit on its...
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Rent to Own Computers and the FTC
Wired Magazine recently reported that seven rent-to-own companies and a software manufacturer are settling charges with the Federal Trade Commission. The charges claimed that computers rented from the...
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Lipstick Case Presents Latest “No Injury” Class Action
According to a group of women who filed a lawsuit last week, Maybelline should pay up for making false claims about its “Super Stay” lipstick products. Filed in federal court in Manhattan, the...
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Thirty-Six Million Have Participated in Class Actions and It’s Not for the Money
An astounding four out of ten Americans have been invited to participate in a class action suit. Fifteen percent, the equivalent of 36 million people, actually participated in one, and most do not...
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Class Actions and The Supreme Court
As the rest of us return from the last long weekend of summer, the U.S. Supreme Court send us scurrying back to our computers this morning with news that it has accepted Travelers' cert petition in...
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Three (or is it Four?) Teams on This Legal Gridiron
With the preseason underway and the regular season right around the corner, football fans are gathering in front of their TVs and crowding stadiums across the country with copious amounts of food and...
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