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Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

USA - January 18 2022 Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the…

Ilana Drescher, Alexa I. Tirse

Cohen v. ConAgra- Poultry False Advertising Claims Survive Despite Federally Preempted Product Mislabeling Claim

USA - December 15 2021 In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The…

Ilana Drescher, Brianna Sainte

2021: Another Year of Vanilla Lawsuits

USA - December 9 2021 The uptick in product labeling lawsuits has been anything but vanilla in 2021. After the avalanche of lawsuits in 2019 and 2020 targeting products…

Ilana Drescher, Kayla Hernandez

Salmon Price-Fixing Litigation Survives Dismissal

USA - April 20 2021 On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a…

Kayla Hernandez

Vanilla Product Labeling Suits Continue to Flounder in Federal Court

USA - February 19 2021 Federal courts continue to demonstrate lacking patience for nationwide product labeling class actions premised on purported label misstatements…