Category: U.S. Circuit Courts
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Fruit Juice Makers Seek Dismissal of MDL Lead-Content Suits
A number of fruit juice manufacturers have filed a motion to dismiss the multidistrict litigation (MDL) consumer fraud lawsuits pending in a Massachusetts federal court. In re: Fruit Juice Prods. Mktg. & Sales Practices Litig., MDL No. 2231 (D. Mass, motion filed July 29, 2011). The lawsuits, involving plaintiffs from California, Colorado, Florida, and Massachusetts, allege…
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Federal Court Upholds Some Claims in BOOST Kid Essentials® Putative Class Actions
A federal court in New Jersey has determined that Pennsylvania and California residents may pursue claims against New Jersey-based Nestlé Healthcare Nutrition, Inc. in consolidated putative class actions alleging that the company’s BOOST Kid Essentials® beverage did not provide its advertised health benefits for children. Scheuerman v. Nestlé Healthcare Nutrition, Inc., No. 10-3684; Johnson v.…
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Litigation Schedule Filed in Challenge to RoC Styrene Listing
If a D.C. federal court agrees to the unopposed litigation schedule filed in late July by the Styrene Information and Research Center, a decision about whether the Department of Health and Human Services (HHS) properly added styrene to its list of possible carcinogens could be reached early in 2012. Styrene Info. & Research Ctr., Inc.…
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Texan Alleges Four Loko® Caused His Stroke
A 33-year-old man has filed a personal injury lawsuit in a Texas federal court against companies that made and sold the Four Loko® that allegedly caused the stroke he had in October 2010 immediately after consuming two cans of the caffeinated alcohol beverage. Villa v. Phusion Projects, LLC, No. __ (S.D. Texas, filed mid-July 2010).…
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Putative Class Claims Fraud in Muscle Milk® Advertising
A California woman has filed a putative nationwide class action against the company that makes Muscle Milk® beverages and protein bars, alleging that promotions touting the products as “high performance” and “nutritious snacks” are false and misleading because they contain as much fat and calories as Krispy Kreme® doughnuts. Delacruz v. Cytosport, Inc., No. 11-3532…
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New Jersey Appellate Court Revives Meat Samosa Lawsuit
A New Jersey appellate court has partially reinstated a lawsuit against an Indian restaurant that mistakenly served meat samosas to a group of Hindu vegetarians, who are now seeking compensation for emotional distress and to recover the cost of traveling to India for a purification rite. Gupta v. Asha Enterprises, L.L.C., A-3059-09T2 (N.J. Sup. Ct., decided…
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Antitrust Laws Implicated When Competing Supermarkets Agree to Share Revenues During Labor Dispute
The Ninth Circuit Court of Appeals, in a divided en banc ruling, has determined that while an agreement between competitors to share revenues during a labor dispute is not immune from antitrust laws, the district court properly denied a challenge to an agreement between California supermarkets as a per se violation of the Sherman Act…
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Recently Filed Lawsuits: Death in a Chocolate Factory, Demand for Documents in NYC “Man Drinking Fat” Ads, New Claims That Wesson Oil Is Not “100% Natural”
The parents of a 29-year-old who died after he fell into a vat of chocolate have filed a wrongful death action in a Pennsylvania state court against the company that owned the plant where he worked and a number of other defendants involved in manufacturing the allegedly faulty equipment that purportedly led to the accident.…