The Fifth Circuit Court of Appeals has determined that the German heirs of a defendant voluntarily dismissed with prejudice from a property dispute
A federal court in Pennsylvania has dismissed, with prejudice, the medical-monitoring claim in a putative class action against the manufacturer and
The Seventh Circuit Court of Appeals has determined that a district court abused its discretion by allowing an exemplar ladder, introduced as a
On remand from the U.S. Supreme Court and in light of Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Ninth Circuit Court of Appeals
A federal court in Pennsylvania has dismissed several claims without prejudice in putative class litigation alleging that the installation of spray
The Third Circuit Court of Appeals has dismissed with prejudice the injury claims of 12 individual plaintiffs whose proceedings are part of an
A federal court in California has dismissed with prejudice a claim alleging mislabeling of a dietary supplement product under the Magnuson-Moss Warranty Act and has dismissed the remaining claims without prejudice for failure to satisfy the amount-in-controversy requirement under 28 U.S.C. 1332(a) and (d).
A federal court in California, considering consolidated consumer fraud claims against the company that makes Fresh Step cat litter, has granted in part Clorox’s motion to dismiss and denied its motion to strike the class allegations.
A federal court in Florida has dismissed without prejudice a number of putative class action claims filed by the father of boys who play high-school football against companies that make football helmets alleging that the companies misrepresented the ability of the helmets to prevent concussions.
A Texas appeals court has overturned a jury award in excess of $5 million rendered in favor of a home builder, finding that (i) the builder failed to distinguish at trial between the work it did to remove and replace defective stucco siding as a preventative and its costs to repair water damage to the homes, and (ii) the insurance policy at issue did not cover losses the builder incurred by settling homeowner claims without the insurer's consent.