The Tenth Circuit recently affirmed dismissal of a proposed class action against a dog food manufacturer, finding that the putative class claims were nonactionable puffery and overly subjective....more
The Fifth Circuit held that the 15-year Texas statute of repose barred a family’s claims regarding the rollover of a truck. The court was required to interpret the statutory language “date of the sale of the product,”...more
The Ninth Circuit has confirmed in quadrophonic sound that plaintiffs cannot avoid preemption by relying on vague and speculative allegations to establish a parallel claim. The court affirmed the dismissal of four lawsuits...more
As we discussed in a previous post, the Northern District of California recently dismissed a plaintiff’s claim that the term “vanilla” was misleading on the label of a soymilk product. The Southern District of New York has...more
2/4/2021
/ Beverage Manufacturers ,
Breach of Warranty ,
Deceptively Misdescriptive ,
Dismissals ,
Failure To State A Claim ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Fraud ,
Negligent Misrepresentation ,
Pleadings ,
Putative Class Actions ,
Unjust Enrichment
The Northern District of California recently applied the Ninth Circuit’s ingredients list rule in a putative class action decision. The Court refused to grant Nestlé USA Inc.’s summary judgment motion based on the statute of...more
In a decision reinforcing the importance of expert testimony in design defect and failure to warn cases, the Eastern District of New York recently dismissed claims against the makers of PAM cooking spray.
In Urena v....more
A Vermont federal court dismissed a lawsuit alleging consumer fraud, breach of warranty, and unjust enrichment against Ben & Jerry’s because representations about its dairy from “happy cows” did not run afoul of the law. But...more
A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
1/27/2020
/ Breach of Warranty ,
Class Action ,
Component Parts Doctrine ,
Consumer Fraud ,
Dismissals ,
Failure To State A Claim ,
Failure To Warn ,
Federal Rules of Civil Procedure ,
Honeywell International ,
Negligence ,
Pleading Standards ,
Product Defects ,
Strict Liability ,
Unfair Competition Law (UCL) ,
Warranty Insurance