Slightly Sweet Tea Putative Class Action Dismissed
Today’s case involves a New York federal court dismissing a proposed class action alleging that the labeling on “slightly sweet” chai tea lattes misleads consumers into thinking the drinks are low in...
View ArticleMDL Judge Decides Important Preemption Issues
Worth our note is a recent preemption decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 2022 WL 855853 (D.N.J. March 23, 2022). The case is noteworthy because it contains...
View ArticleFirst Circuit Affirms Preemption Decision
We cannot offer any additional commentary because the Firm was part of the team representing defendant, but we wanted to commend to our readers the recent decision, In re Zofran (Ondansetron) Prod....
View Article“No MSG” Class Suit Dismissed
Movie buffs may recite multiple comedic movies including a “no MSG” line in the script, but because of consumer preferences many food manufacturers do prominently label their products as “No MSG” or...
View ArticleInevitable CAFA Decision from 6th Circuit
The Class Action Fairness Act (CAFA) extends federal diversity jurisdiction to certain “mass actions” involving “100 or more persons.” 28 U.S.C. § 1332(d)(11)(B)(i). One might think that since CAFA was...
View ArticleFederal Court Declines to Certify, Predicts Adoption of Learned Intermediary...
Better late than never. We missed last month the decision in Costa v. Johnson & Johnson, No. CV 17-452 WES, 2023 WL 2662903, at *3 (D.R.I. Mar. 28, 2023), a product liability asserting a pelvic...
View ArticleMedical Monitoring
Readers know of our interest in medical monitoring, an interest which dates back to trying a medical monitoring class action to a defense jury verdict decades ago. Your humble blogger co-authored the...
View ArticleSupreme Court Decides Jurisdictional Issue
The Supreme Court decided the closely watched jurisdictional case, Mallory v. Norfolk S. Ry. Co., 600 U.S. 122, 143 S. Ct. 2028, 216 L. Ed. 2d 815 (2023). In a series of decisions, the Court has sought...
View ArticleAnother State Rejects No Injury Medical Monitoring
Plaintiff. a neighbor of a chemical plant in Delaware, sued the plant alleging that it had released carcinogenic ethylene oxide gas into the air; plaintiff proposed a class action, asserting claims for...
View ArticleOutlier MDL Short-Cut Up On Appeal
One to watch is E.I. du Pont de Nemours & Co. v. Travis Abbott et al., No. 23-13(U.S. cert. pending). And necessary disclosure your humble blogger co-authored an amicus brief on behalf of PLAC...
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