Featured Articles

Supreme Court Grants Cert in Important Personal Jurisidcition Cases

October 07, 2010 11:25

Last week, the Supreme Court granted review in two product liability cases that raise cutting edge personal jurisdiction issues that may not only impact foreign manufacturers but and may also alter due process/personal jurisdiction jurisprudence. See J. McIntyre...

California Right To Know Bill Strikes the Wrong Balance

July 09, 2010 11:55

Last week, the California Assembly’s Committee on Environmental Safety and Toxic Materials approved the Consumer Right to Know Act, S.B. 928.  The bill passed the California State Senate last April, and is currently pending in the California Assembly’s Committee on...

Supreme Court Hears Oral Argument in Class Action Preclusion Case

Sean Wajert
January 24, 2011 15:48

This week, we are going to explore some of the more interesting cases pending before the Supreme Court. In Smith v. Bayer Corp., No. 09-1205 (U.S., oral argument 1/18/11), the Court took up a case involving the preclusive impact of a decision denying class certification. We recently...

MDL Court Rules on Availability of Punitive Damages in Gulf Oil Spill Litigation

Sean Wajert
September 06, 2011 12:53

The MDL court overseeing the claims arising from the 2010 Gulf of Mexico oil spill has ruled that plaintiffs can seek punitive damages against allegedly responsible parties in economic loss and property damage suits. In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the...

Supreme Court Refuses to Reinstate 5th Circuit Global Warming Case

Sean Wajert
January 19, 2011 14:24

The U.S. Supreme Court last week declined to reinstate the climate change tort suit brought by Mississippi property owners against energy companies alleging a link between their greenhouse gas emissions and alleged harm from Hurricane Katrina.  In re: Comer, No. 10-294 U.S. petition for...

California's Proposed "Green Chemistry" Regulations Move Forward

September 23, 2010 12:01

California's proposed "green chemistry" regulation took another step closer to completion last week, as the state Department of Toxic Substance Control (DTSC) submitted the draft regulations to begin the final official ruelmaking process.  The public has until Nov. 1, 2010 to make...

Cap'n Crunch Defeats Class Action Marauders

July 12, 2010 10:17

 A federal court has dismissed a proposed class action against PepsiCo Inc. alleging that consumers were somehow being misled to believe that the company's Cap'n Crunch's Crunch Berries breakfast cereal contain real fruit.  Roy Werbel v. PepsiCo Inc., No: C 09-04456 SBA (N.D. Cal....

Class Certification Denied in Microwave Popcorn Litigation

September 02, 2010 11:55

A federal court has denied class certification in a proposed consumer fraud class action arising from the sale of microwave popcorn with artificial butter flavoring. See Courtney Fine v. Conagra Foods, Inc., No. CV 10-01848 SJO (C.D. Calif., Aug. 27, 2010). The facts: Diacetyl is a naturally...

City Passes Ban on Happy Meals- Can You Guess Which City?

Sean Wajert
November 30, 2010 11:46

We haven't weighed in yet on the latest crazy development in the food world, that attack by the San Francisco Board of Supervisors on "Happy Meals."  And no, this is not sour grapes for the Giants having beaten the Phillies. The Board of Supervisors recently voted to...

Game Over for Plaintiffs in Wii Class Action

October 05, 2010 12:32

A federal court last week granted defendant's summary judgment motion in a putative class action alleging Nintendo of America Inc. sold defective wrist straps with its Wii controllers.  Elvig, et al. v. Nintendo of America Inc., No. 08-cv-02616 (D. Colo.) Readers are familiar...