76 results for 'cat:"Product Liability" AND cat:"Class Action"'.
J. Cole denies Kroger's motion to dismiss, ruling the consumers' reliance on false representations about the type and amount of heavy metals in teething wafers when buying the product constitutes a particularized injury that gives them standing to pursue product liability claims. Although their children did not suffer any physical injuries as a result of eating the wafers, the economic injuries sustained by the parents allow the case to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 8, 2024, Case #: 1:22cv544, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, product Liability, class Action
J. Lin grants the consumer's motion to consolidate her class action alleging that the beverage container manufacturer did not inform consumers that its popular Stanley tumbler products contained lead. The beverage container manufacturer argues that a stay or dismissal is more appropriate than consolidation, because consolidation will require conducting discovery with all named plaintiffs instead of just the top plaintiff, but this argument "strains common sense" as the beverage container manufacturer would already likely seek depositions against multiple class members in the event that the consumer's lawsuit was the only action.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:24cv191, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, product Liability, class Action
J. Rakoff finds that the district court properly granted class certification in a consumer class action concerning the marketing of the pet health product Cosequin. The class expert's proposed damages model was sufficiently sound and developed to satisfy this standard at the class certification stage. Affirmed.
Court: 9th Circuit, Judge: Rakoff, Filed On: April 22, 2024, Case #: 22-55744, Categories: Damages, product Liability, class Action
J. Kennelly grants a baby formula manufacturer’s motion to dismiss an unjust enrichment class action brought by a nationwide class of consumers. The consumers paid more for baby formula after the manufacturer instituted a mass voluntary recall of tainted formula and shut down the facility where the formula was produced. Despite this, the court finds the class has failed to state a claim, opining there is no law under which the manufacturer “was obligated to maintain particular levels of formula production and supply or otherwise ensure stable formula prices.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:22cv4148, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, Business Practices, class Action
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J. Wier rules in part for defendants in product liability claims concerning artificial tear products because the court lacks jurisdiction over a defendant headquartered in New York, and the record does not indicate specific actions had been taken in Kentucky in relation to the product; meanwhile, the class alleges the product caused financial, not physical, injuries.
Court: USDC Eastern District of Kentucky, Judge: Wier, Filed On: March 29, 2024, Case #: 6:23cv20, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: product Liability, Jurisdiction, class Action
J. Chang grants a Ford customer’s motion to consolidate his proposed consumer class action with another similar suit, but also grants Ford’s motion to transfer this case to the Eastern District of Michigan. The customer alleges Ford knowingly sold vehicles with faulty backup cameras, and that even following a recall, his own vehicle’s camera remained unrepaired. The court finds this case and another are sufficiently similar to warrant consolidation, but that Michigan, as the district where the cameras were manufactured, is the more appropriate venue.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 28, 2024, Case #: 1:23cv14027, NOS: Contract Product Liability - Contract, Categories: product Liability, Venue, class Action
J. Mizelle largely dismisses the consumer's purported class action against the laptop maker alleging that it overstated the durability of its laptop. The consumer lacks standing to assert the proposed class's claims under other states' consumer fraud statutes or to seek injunctive relief as a remedy for those claims, and his remaining claims are dismissed for failure to state a claim. One warranty count is dismissed as an impermissible shotgun pleading, but may be separated into three different counts in an amended pleading.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 27, 2024, Case #: 8:23cv250, NOS: Other Fraud - Torts - Personal Property, Categories: product Liability, class Action
J. Komitee denies competing motions for summary judgment and preserves in full two state law class actions alleging Gerber misled consumers by falsely claiming its Good Start Gentle infant formula could reduce an infant’s risk of developing allergies and that the FDA had officially endorsed its claims. While the plaintiffs at this stage have failed to prove unequivocally that the product does not in fact reduce the risk of allergies, that in the form of eczema, the court finds a jury could conclude the product’s labeling deceives consumers as to its effectiveness and to what degree the FDA approved those claims.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 25, 2024, Case #: 1:15cv2995, NOS: Tort Product Liability - Real Property, Categories: product Liability, class Action
J. grants final approval to a $45 million settlement between consumers and Altria Group in a class action over the marketing and sales of JUUL products, which consist of electronic cigarettes and nicotine packs, to minors. This settlement follows a settlement with JUUL Labs for $255 million. Although attorney fees have not yet been decided, “the amounts requested do not undermine the court’s conclusions that the Altria class settlement is as a whole fair and reasonable.”
Court: USDC Northern District of California, Judge: Orrick, Filed On: March 14, 2024, Case #: 3:19md2913, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Settlements, product Liability, class Action
J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Vehicle, product Liability, class Action
J. Trauger partially grants the two dismissal motions in this class action concerning an "allegedly defective fuel injection pump" contained in certain Nissan vehicles. The economic loss doctrine bars the fraudulent omission claims under Florida and Texas law. Also, under Florida law, the claim for breach of the implied warranty of merchantability will be dismissed for lack of privity.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv261, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, product Liability, class Action
J. Thrash partially grants the manufacturer's motion to dismiss a product liability, warranty and fraud class action brought by the consumers arising from a defect in panoramic sunroofs in Mercedes-Benz vehicles which allegedly caused the sunroofs to suddenly shatter under normal driving conditions. The consumers claim that the manufacturer refused to cover repairs. Two of the consumers failed to notify the manufacturer of the defect before the action, therefore their express warranty claims are dismissed. One consumer's implied warranty claim is dismissed for failure to comply with the notice requirement. However, the class sufficiently alleged that the vehicles are unmerchantable. None of the consumers' state law claims are dismissed.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 30, 2024, Case #: 1:23cv671, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: product Liability, Warranty, class Action
J. Rowland partially grants a class of hair product consumers’ motion to compel production of materials related to hair care products sold outside the U.S. The class of consumers claim they were injured in various ways by using L’Oreal, Revlon and other companies’ hair care products, and they seek information regarding what safety and marketing standards the products adhered to domestically as opposed to when they’re sold abroad. They seek materials pertaining six specific categories of information: foreign regulatory materials, product labels and usage instructions, scientific studies, articles in scientific journals, organizational charts and board of director materials. The hair care product companies must produce all but the organizational charts and board of director materials.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 27, 2023, Case #: 1:23cv818, NOS: Other Statutory Actions - Other Suits, Categories: product Liability, Discovery, class Action
J. Vratil denies a group of consumers who purchased bonded abrasive discs from an electrical tool company's motion for class certification. The electrical tool company, which may have failed to place a warning label on its products, showed in court that the consumer failed to meet class action requirements.
Court: USDC Kansas, Judge: Vratil, Filed On: December 7, 2023, Case #: 2:23cv2028, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, product Liability, class Action
J. Chesney dismisses class claims against Monsanto Co. from consumers who say they bought a "concentrated form of Roundup" that lacked clear expiration labels, resulting in consumers being led to believe that the product could be used indefinitely. The consumers claim that the products begin to develop unlawful levels of NNGs, a carcinogen, after being stored at length, but all of their claims fail for not bringing forward hard evidence that NNGs could develop beyond the EPA's hard limit of 1 part per million in pesticide products.
Court: USDC Northern District of California, Judge: Chesney , Filed On: December 4, 2023, Case #: 3:22cv4260, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, product Liability, class Action