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Faegre Drinker on Products Blog

Articles: 1-10 of 113

Plaintiff’s Firm Pays the Price for Dismissing Bellwether Cases

USA - September 1 2020 On August 25, 2020, Judge Richard L. Young, S.D. Indiana, granted Cook Medical Inc.’s motion for sanctions against the plaintiff’s law firm in Burrage…

The Ethics of Social Media “Friendship”

USA - August 21 2020 Social media information that reflects a person’s physical condition, activity level, and emotional state is a particularly valuable source of…

Potential Embarrassment Insufficient to Enable Plaintiffs to Litigate Anonymously in Breast Implant MDL

USA - August 20 2020 A New Jersey federal court has held that potential embarrassment is not enough to permit plaintiffs to litigate anonymously in a fight over breast…

No Damages? No Tort, Says the Supreme Court of Canada

Canada - August 7 2020 Consider this: What if plaintiffs could assert a cause of action for negligence without proving, or even pleading, any actual damages? And what if the…

Strange Bedfellows - How a Recent Security Fraud Opinion May Impact Consumer Fraud Class Actions

USA - August 6 2020 The U.S. Supreme Court's recent decision in Liu v. SEC, No. 18-1501 (June 22, 2020), limiting the SEC's ability to obtain monetary equitable relief in…

Certain Express Misrepresentation Consumer Fraud Act Claims and Product Liability Claims May Coexist According to NJ Supreme Court

USA - August 3 2020 In the case on certification from the Third Circuit, the New Jersey Supreme Court ruled that claims for express or affirmative misrepresentations…

“Vanilla” Ice Cream Deceptive Labeling Case Melts on Motion to Dismiss

USA - July 29 2020 A federal court in New York recently granted a motion to dismiss claims that ice cream labeled “vanilla” misleads consumers into believing the…

California [Again] Confronts the High Cost of Litigation Uncertainty

USA - July 24 2020 The first appellate shoe has dropped in the litigation involving the herbicide Roundup, Johnson v. Monsanto Co., decided July 20, 2020, by…

The Ship Has Sailed on Plaintiffs’ Efforts to Recover for Mere Fear of Contracting COVID-19

USA - July 24 2020 On February 21, 2020, the cruise ship Grand Princess embarked from San Francisco, headed to Hawaii. Among the ship’s 3,533 passengers and crew were…

Deceptive Labeling Claims Based on Trace Amounts Sent to the Dog House

USA - July 17 2020 In dismissing a plaintiff's claims regarding dog food ingredients, the U.S. District Court for the Eastern District of Wisconsin confirmed the…