Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims...more
In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan insureds who were denied...more
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 class certification, others...more
2/17/2017
/ 7-Eleven ,
All Natural ,
Anheuser-Busch ,
Beer ,
Chipotle Grill ,
Class Action ,
Class Certification ,
CLRA ,
Coca Cola ,
Dole Food ,
False Advertising ,
Fast-Food Industry ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Meat Inspection Act (FMIA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
GMO ,
Grocery Stores ,
Injunctive Relief ,
Kraft ,
Lanham Act ,
Manufacturers ,
Monster Energy Drinks ,
Natural Products ,
Nutritional Supplements ,
Personal Care Products ,
PETA ,
Popular ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Putative Class Actions ,
Restaurant Industry ,
Slack-Fill Suits ,
Starbucks ,
Unfair Competition Law (UCL) ,
Whole Foods ,
Wine & Alcohol
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 class certification, others...more
2/15/2016
/ Ascertainable Class ,
CAFA ,
Chobani Inc ,
Class Action ,
Class Certification ,
ConAgra ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
FRCP 23(b)(3) ,
Natural Products ,
Ocean Spray ,
Organic ,
Preemption ,
Standing
The Central District of California denied certification of a class that otherwise met the requirements of Rule 23 because the damages model proposed by plaintiff’s expert did not establish a reliable method for calculating...more
In a case that began as a putative class action, the Seventh Circuit held that a Rule 68 offer of complete relief does not render litigation moot. Plaintiff in Chapman v. First Index filed a “junk-fax” suit pursuant to the...more
The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit...more
Seventy-eight of the over 4,000 Michigan childcare providers who received state subsidies for offering services to low-income families voted to oppose having their union dues deducted from their subsidy payments. Six of the...more
The Ninth Circuit reversed an order striking class allegations against Microsoft reasoning that the Washington district court misapplied its precedent and thereby abused its discretion. Plaintiffs alleged that a design defect...more
Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff’s class allegations via Rule 12(f) motions to strike but may challenge plaintiff’s standing via motions to...more
The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the...more
Plaintiffs in a securities fraud class action containing over 2,000 individual investors were unable to convince a New York District Court that the reliance element of their claims was susceptible to a common method of proof...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits.
Inside and outside counsel should have different but complimentary roles in...more