News & Analysis as of

Motion to Dismiss Manufacturers

Lathrop GPM

Massachusetts Federal Court Concludes Incentive Program and Secondary Market Allegations Fail to State Price Discrimination Claim

Lathrop GPM on

A federal court in Massachusetts recently dismissed holistic wellness centers’ price discrimination suit against the manufacturer of body sculpting devices initiated after Plaintiffs withdrew from the manufacturer’s...more

DLA Piper

TOF Testing as a Basis for False Advertising Class Actions Continues to Face Scrutiny

DLA Piper on

The United States District Court for the Northern District of California dismissed with prejudice a putative class action against The Procter & Gamble Company (P&G) on July 7, 2025, concerning the labeling of its “Tampax Pure...more

Wiley Rein LLP

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

Wiley Rein LLP on

On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 11

Native Deodorant False Ad Dismissed As Court Finds Plaintiff's Contradictions Don't Pass the Smell Test - A proposed class action alleging that Native Deodorant falsely advertises its "natural" deodorant as offering...more

White and Williams LLP

New Jersey Court Pumps the Brakes on Product Liability Lawsuit

White and Williams LLP on

In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more

A&O Shearman

Northern District Of California Dismisses Putative Class Action Against Solar Panel Manufacturer For Failure To Allege Falsity

A&O Shearman on

On April 28, 2025, Judge Edward M. Chen of the United States District Court for the Northern District of California dismissed a putative securities fraud class action asserting claims against a solar panel manufacturer (the...more

Foley & Lardner LLP

Court Relies on Contractual Terms to Dismiss Dealership Suit Against Auto Manufacturer

Foley & Lardner LLP on

Decozen Chrysler Jeep Corp. (“Decozen”), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC (“FCA”), in U.S. District Court for the District of New Jersey alleging that FCA...more

Lathrop GPM

California Federal District Court Dismisses Distributor’s Oral Contract Claims Under Statute of Frauds

Lathrop GPM on

A federal court in California recently granted a manufacturer’s motion to dismiss a distributor’s oral contract claims, but declined to dismiss claims for promissory estoppel and unjust enrichment. Cosmonova, LLC v. BioFilm,...more

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

Kilpatrick

Federal court dismisses false advertising claims, ruling that studies cited in complaint did not plausibly support allegation that...

Kilpatrick on

Takeaway: It seems that more and more false advertising cases are filed these days alleging that consumer products are contaminated with some sort of harmful substance or chemical. At their core, these types of cases depend...more

Pierce Atwood LLP

Opioids and Common Law Liability for Indirect Economic Harm

Pierce Atwood LLP on

Earlier this month, the Law Court weighed in on a hot-button legal issue—the potential liability of opioid manufacturers for the costs of the drug epidemic. In Eastern Maine Medical Center v. Walgreen Company, the Law Court...more

White and Williams LLP

Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer

White and Williams LLP on

The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more

Lathrop GPM

Texas Federal Court Denies Manufacturer’s Motion to Dismiss Complaint Challenging Termination of Dealer Agreements

Lathrop GPM on

A federal court in Texas denied a manufacturer’s motion to dismiss its dealers’ claims of wrongful termination and breach of contract. Cooper Equip. Co. v. Hitachi Constr. Mach. Americas, Inc., 2024 WL 4467536 (W.D. Tex. Oct....more

Seyfarth Shaw LLP

New Jersey Destination Charge Case Reaches Final Destination - Seyfarth's Future of Automotive Series

Seyfarth Shaw LLP on

On Wednesday, October 23, 2024, FCA US LLC, the manufacturer of Chrysler, Jeep, Dodge, Ram vehicles, among others, put the final nail in the coffin of claims by consumers that “destination charges” for the delivery of...more

McDermott Will & Schulte

This Week in 340B: October 1 – 7, 2024

McDermott Will & Schulte on

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Seyfarth Shaw LLP

In Dismissing Claims Against OEM, Federal Court Quietly Rejects FTC Interpretation of Magnuson-Moss Warranty Act - Seyfarth's...

Seyfarth Shaw LLP on

A federal court in Wisconsin recently granted a motion to dismiss all claims in a putative multi-district class action against motorcycle manufacturer Harley-Davidson, asserting claims that the OEM’s warranty violated the...more

Foley & Lardner LLP

US District Court in Puerto Rico Rejects Distributor’s Efforts to Hold Wholesalers Liable for a Terminated Agreement Under Puerto...

Foley & Lardner LLP on

Share on Twitter Print Share by Email Share Back to top In Meta Med, LLC, et al., v. Insulet Corporation, et al., Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a medical...more

Foley & Lardner LLP

Distributor’s Claims Against Manufacturer Under Puerto Rican Law Are Denied

Foley & Lardner LLP on

Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a leading medical device manufacturer, to promote and sell diabetes treatment products and services in Puerto Rico. Shortly...more

Jones Day

Court of Chancery Grants Rare Motion to Dismiss Suit Governed by Entire Fairness Standard

Jones Day on

The electric vehicle company Canoo went public in a de-SPAC transaction in December 2020. After its stock price fell, a stockholder in the SPAC who chose not to redeem his stock sued the SPAC board and its controller for...more

Lathrop GPM

Massachusetts Federal Court Grants Manufacturer’s Motion to Dismiss Distributor’s Franchise Law Counterclaims

Lathrop GPM on

A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more

Goldberg Segalla

Boiler Manufacturer’s Motion to Dismiss Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages....more

Goldberg Segalla

Door Manufacturer’s Motion to Dismiss Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County In this asbestos action, defendant T.M. Cobb moved to dismiss plaintiff James Witte’s complaint against them for lack of personal jurisdiction. T.M. Cobb argued that it did...more

Goldberg Segalla

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Goldberg Segalla on

Court: Superior Court of California, County of Los Angeles - In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra...more

Kilpatrick

Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment

Kilpatrick on

Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the...more

Goldberg Segalla

PPE Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Goldberg Segalla on

Supreme Court of New York, Appellate Division, First Department, November 2, 2022 - In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent...more

52 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide