Category: U.S. Circuit Courts
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Recent Court Developments: BPA, Nutella® and Alaskan Fishing Regulations Litigation
A multidistrict litigation court in Missouri has denied motions for class certification in 24 transferred cases against companies that make baby bottles and sippy cups allegedly containing bisphenol A (BPA). In re: Bisphenol-A (BPA) Polycarbonate Plastic Prods. Liab. Litig., MDL No. 1967 (W.D. Mo., decided July 5, 2011). The plaintiffs sought to certify various classes, including…
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Insurers Claim No Duty to Defend Four Loko Lawsuits
Insurance companies with policies covering Phusion Projects, Inc., which makes the caffeinated alcohol beverage Four Loko®, have filed a summary judgment motion in their declaratory judgment action against the company, claiming that a policy exclusion unambiguously frees them from defending or indemnifying the beverage maker. The Netherlands Ins. Co. v. Phusion Projects, Inc., No. 11-1253 (N.D.…
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Final Court Approval Given to Trans Fat Class Settlement
A federal court in California has approved a non-monetary settlement of a class action alleging that Unilever U.S., Inc.’s health-related claims for margarine products containing trans fats were false and misleading. Rosen/ Red v. Unilever U.S., Inc., Nos. 09-02563, 10-00387 (N.D. Cal, decided June 21, 2011). Additional information about the settlement appears in Issue 398 of this…
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Consumers Abandon Suits Alleging Misleading Deli Meat Labeling
A federal court in Florida has dismissed without prejudice two putative class actions against Kraft Foods alleging that the packaging for its Oscar Mayer® deli meat products misleads consumers about their actual fat content. McDougal v. Kraft Foods, Inc., No. 11-61202; Rogel v. Kraft Foods, Inc., No. 11-61281 (S.D. Fla., decided June 23, 2011). The plaintiffs…
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Juicy Juice® Health Claims Class Action Appealed to Ninth Circuit
Plaintiffs alleging that they were misled by the purportedly unsubstantiated claims Nestlé USA Inc. made about its Juicy Juice® Brain Development and Immunity products have filed an appeal to the Ninth Circuit Court of Appeals from a district court order dismissing their consolidated class action. Chavez/ Bonsignore v. Nestlé USA, Inc., No. 09-9192 (C.D. Cal., notice…
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Farm Workers Allege Hostile Work Environment Created to Certify Farm for Foreign Workers
African-Americans who briefly worked at a North Carolina farm in 2010 allege that they were subjected to a hostile work environment and discriminatory job conditions so the employer could obtain certification under a Department of Labor (DOL) program that allows farmers to hire seasonal foreign workers when U.S. workers are not available and hiring foreign…
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Suit Alleges Burrito Salt and Calorie Counts Were Misrepresented
A woman who claims she consumed Ramona’s burritos believing they were low in calories and sodium, has filed a putative class action alleging that the company mislabeled its products and that the burritos were much higher in calories and sodium than individual labels in and before 2006 and bulk labels indicated. Solomon v. Ramona’s Mex. Food…
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Class Action Alleges Inflated Prices for Home-Delivered Groceries
A Pennsylvania resident has sued Safeway, Inc. on behalf of a putative nationwide class of consumers who placed online orders for the home delivery of groceries and were allegedly charged about 10 percent more for each item in addition to a delivery fee. Rodman v. Safeway, Inc., No. 11-03003 (N.D. Cal., filed June 17, 2011).…