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Titanium Dioxide: The Next Big Chemical Compound Driving Class Action Litigation?

A recent lawsuit alleges that Skittles consumers “are at heightened risk of a host of health effects” because Skittles uses titanium dioxide (TiO2). TiO2 is considered an inert and safe material, and for decades has been...more

9/12/2022  /  Chemicals , Class Action , Food Safety

Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible

The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support...more

Seventh Circuit Rejects the “Reasonable Indication” Approach For Class Member Opt-Outs

Recently, in the Matter of Navistar MaxxForce Engines Mktg., Sales Practices, & Prod. Liab. Litig. (“Navistar”), the Seventh Circuit Court of Appeals was asked to adopt the “reasonable indication” approach, which would allow...more

Firearms Manufacturers Shoot Down Class Action With Article III Defense

Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts. The Sixth Circuit’s opinion in Primus Group, LLC v. Smith & Wesson Corp.,...more

Eleventh Circuit Deepens Circuit Split on Administrative Feasibility

Earlier this week, the Eleventh Circuit joined the Second, Sixth, Eighth, and Ninth Circuits in rejecting administrative feasibility as a prerequisite to certification under Rule 23, deepening a split with the First, Third,...more

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