In three related actions before the Eastern District of New York, consumer plaintiffs who purchased moist toilet wipes manufactured and produced by Kimberly-Clark and sold by Costco alleged that defendants mislabeled the wipes as “flushable.” The court denied certification of a nationwide class, but did certify three New York class actions all involving New York law and New York purchases but different defendants and a different product. The court declined to certify ... Keep Reading »
Manufacturing & Products Class Action Articles
The latest class action developments and trends in the manfucturing and products industry, including news, key cases, and strategies.
Circuit Court Gives Red Light to TruGreen’s Motion to Compel Arbitration
The Sixth Circuit recently reversed a decision by the District Court for the Western District of Tennessee ordering arbitration in a putative class action lawsuit. Plaintiff brought a lawsuit against her lawn care services provider for alleged violations of the Telephone Consumer Protection Act when she received telemarketing calls from the company after terminating the parties’ contract and registering her number with the National Do-Not-Call Registry. She also sought ... Keep Reading »
Third Circuit Applies Presumption of Timeliness to Pre-Certification Motion to Intervene as Class Representative
This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating competition among the manufacturers. At the class certification stage, defendants moved to dismiss the named plaintiff for lack of standing since it was not a direct purchaser of the truck transmissions at issue. Two months later, the named plaintiff’s ... Keep Reading »
Southern District of California Rejects Coupon Class Settlement
Jaret J. Fuente and D. Matthew Allen The Southern District of California rejected a pre-certification class settlement because it provided for an inadequate coupon payment and a tenuous cy pres award, and included a clear sailing attorney fee provision. Plaintiff Hofman alleged that Dutch, LLC sells jeans labeled “Made in the USA” that contain foreign-made components (buttons, rivets, zippers, etc.) in violation of the California Business and Professional Code and the ... Keep Reading »
Smooth Operators: Seventh Circuit Untangles Objections and Affirms Settlement of Hair Product Class
The Seventh Circuit Court of Appeals affirmed a class settlement over objection in a case involving a hair-smoothing product (“the Smoothing Kit”) that allegedly destroyed users’ hair and burned their scalps. Plaintiffs sued Unilever United States, Inc. (“Unilever”) in the Northern District of Illinois. Related actions in Kentucky and California were transferred to the Northern District of Illinois. The settlement class consisted of “all persons who purchased or used ... Keep Reading »
Southern District of California Diffuses Hairdryer Class
The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in certain Conair brand hairdryers. The district court certified a nationwide class under Rule 23(b)(2) and (b)(3) for implied warranty claims under the common law and the Magnuson Moss Warranty Act. The class was defined as: All persons who purchased ... Keep Reading »
2016 Carlton Fields Class Action Survey Reveals Important Trends in Class Action Management
The fifth annual edition of the Carlton Fields Class Action Survey has just been released, and in this year’s survey corporate counsel report that class action spending has increased after four consecutive years of decline. Spending is also projected to increase in 2016. This marks a key turning point. The Numbers Across industries, the companies surveyed report that they spent $2.1 billion on class action lawsuits in 2015. The number of companies facing at least one ... Keep Reading »
Move Along; Nothing to See in Ninth Circuit’s TCPA Opinion
On February 3, the United States Court of Appeals for the Ninth Circuit issued a decision affirming summary judgment in favor of the defendant on a Telephone Consumer Protection Act (TCPA) claim in Baird v. Sabre, Inc., ---F.App’x,---, 2016 WL 424778 (9th Cir. Feb. 3, 2016). The short opinion was designated by the panel as unpublished. Nonetheless, because of the relative paucity of published circuit court decisions on highly specific TCPA issues, district courts ... Keep Reading »
2015 Food Industry Decisions With Bite
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on cases pertaining to class certification, we have also included other cases relating to summary judgment decisions. Florida District Court Rejects Motion to Strike But Allows Pre-Certification Standing Challenge in Snack Food Labeling Case Bohlke v. Shearer’s Foods, LLC, No. ... Keep Reading »
California Court Gives Ford SUV Tailgate Class the Boot
Plaintiffs from California, New Jersey, and Florida claimed their 2002-2005 Ford Explorers, Mercury Mountaineers, and Lincoln Aviators suffered from a common design defect: the plastic appliqué just below the flip-glass on the rear tailgate had a tendency to crack and allow water to corrode the metal parts that hold the flip-gate in place. As a result, plaintiffs asserted the flip-glass would spontaneously shatter or fall-off, resulting in a safety hazard and diminution ... Keep Reading »
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