Category: U.S. Circuit Courts
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Philippine Banana Workers Seek Damages for DBCP Exposure
Hundreds of individually named Philippine banana plantation workers alleging physical and mental injury from exposure to pesticides have filed suit against a number of agricultural and chemical companies in a California state court seeking compensatory and punitive damages. Macasa v. Dole Food Co., No. BC467134 (Cal. Super. Ct., Los Angeles Cty., filed August 8, 2011).…
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New Class Actions Deem Coconut Water’s Health Claims Misleading
A California resident has filed a pair of putative class actions in state court against companies that market their coconut water with purportedly exaggerated nutrient claims and overstated hydrating benefits or as a miracle cure for a host of medical problems. Shenkman v. All Mkt., Inc., No. BC 467166; Shenkman v. One World Enters. LLC, No.…
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False Diet-Drink Claims Fail, Plaintiff Did Not Track Caloric Intake
A California consumer who alleged that he gained weight while using a diet drink has reportedly failed to demonstrate that he has standing to pursue putative class consumer-fraud claims against the manufacturer because he did not keep track of his caloric intake when he used the product. Fletcher v. Celsius Holdings, Inc., No. BC439055 (Cal. Super.…
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Class Counsel Seek $90.8 Million in African-American Farmers Discrimination Case Settlement
Three lead class attorneys who, for five years or longer, have represented African-American farmers claiming discrimination in government farm loan programs, have filed their fee petition seeking 7.4 percent of the preliminarily approved $1.25 billion settlement, or $90.8 million. In re: Black Farmers Discrimination Litig., Misc. No. 08-0511 (D.D.C., filed August 8, 2011). The petition recites…
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Jane Goodall Institute Sues Baby Food Maker for Failed “Janey Baby” Products Line
According to a news source, the Jane Goodall Institute for Wildlife Research, Education and Conservation has sued Sprout Foods, Inc., an Oregon-based organic vegetarian baby food manufacturer, for failing to carry out its obligations to produce an Institute-branded line of products (Janey Baby®) under a 2010 licensing agreement. Jane Goodall Inst. for Wildlife Research, Educ.…
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Facebook Seeks Dismissal of Class Claims over Use of Youth’s “Likes” Without Consent
Seeking either clarification or dismissal of claims alleging that it has violated state law by republishing the product or service preferences (“Likes”) of children younger than age 18 as accompaniments to paid advertisements without first obtaining parental consent, Facebook, Inc. argues that the claims are insufficiently pleaded, fail to state a claim or are preempted…
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Campbell’s Reaches Preliminary Settlement in Low-Sodium Soup Class Action
The Campbell Soup Co. will change its low-sodium tomato soup labels under a settlement with a class of consumers who sued the company in a New Jersey federal court in 2010, alleging that these products cost more while actually containing about the same level of sodium as the company’s regular tomato soup. Smajlaj v. Campbell…
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Challenge to Humane Livestock Slaughter Law Dismissed
An intermediate appellate court in Washington has affirmed the dismissal of a lawsuit challenging part of a state law requiring the humane slaughter of livestock. Pasado’s Safe Haven v. Washington, No. 64452-1-I (Wash. Ct. App., decided July 25, 2011). The plaintiff, an animal rights advocacy organization, challenged that part of the statute which included within…