Category Archives: Class Action Lawsuits

US Supreme Court in Washington DC in bright sunlight

Supreme Court Set to Hear Cases on “No-Injury” Class Actions

In November, the U.S. Supreme Court will hear oral argument in two cases that could have broad implications on class action litigation.  Spokeo, Inc. v. Robins, which will be argued on November 2, 2015, will address whether the publication of inaccurate personal information in violation of the Fair Credit Reporting Act (FCRA) is alone sufficient to confer upon a plaintiff Article III standing.  The second case, Tyson Foods, Inc. v. Bouaphaked, set for November 11, 2015, concerns the standard for class certification under…

Continue Reading....
iStock_000045293792_Double

Defeating “Unnatural” Class Actions

On June 12, 2015 a plaintiff filed a class action lawsuit against Kraft Foods claiming that its Capri Sun beverages are not “all natural” because they contain citric acid and flavorings. “Simply put,” the plaintiff alleges in Osborne v. Kraft Foods Group, Inc., “they contain unnatural ingredients.” These allegations have become commonplace in beverage labeling class actions. Snapple, AriZona, Skinnygirl Margarita mix, and Pure Leaf Iced Tea have all faced similar accusations. The Pure Leaf class action complaint, Laboon v. Unilever U.S., Inc. filed…

Continue Reading....

Consumer’s Individual and Proposed Class Action Claims of Mislabeling of Organic Foods Found Preempted by Federal Law by a California Appellate Court

The food industry received welcome news late last month when a California state appellate court in Los Angeles affirmed a trial court finding that a proposed class action against a federally certified, organic food grower could not proceed because the claims were preempted by federal law, specifically the Organic Foods Production Act of 1990 (“OFPA”).  In Quesada v. Herb Thyme Farms, Inc., 222 Cal.App.4th 642 (Cal. App. 2d Dist., 3d Dep’t, Dec. 23, 2013), the plaintiff, Michelle Quesada, sued on her own behalf…

Continue Reading....

Class Actions and Judicial Economy

The United States Supreme Court has been asked to determine whether a class may be certified when most of its members never experienced the alleged defect and damages would have to be litigated on a member-by-member basis. Two similar Circuit Court cases presently involve a class of plaintiffs who allege that a defect in washing machines manufactured by Whirlpool Corporation caused moldy odors to develop. The Seventh Circuit in Butler v. Sears Roebuck and Co. overturned the district court’s denial of a class certification based…

Continue Reading....