In his recent decision in 1146845 Ontario Inc. v. Pillar to Post Inc., Justice Perell of the Ontario Superior Court refused to relieve class plaintiffs of their exposure to costs in their unsuccesful defense of a motion to stay the class action.
Ninth Circuit Upholds FDA’s Primary Jurisdiction Over “Natural” Labeling On Cosmetics but Orders Stay Rather Than Dismissal
Plaintiffs’ lawyers love to challenge products labeled as “natural,” with hundreds of false advertising class actions filed in just the last few years.
A common battle in consumer class actions is whether the named plaintiff has standing to seek injunctive relief in connection with a false advertising or unfair competition claim.
Class certification in false advertising cases often fails due to problems with the class itself such as ascertainability.
Researchers are continuing to investigation how the shape and size of carbon nanotubes (CNT) affect the pulmonary systems of mice over time.
Justice Perell’s recent decision in Lundy v. Via Rail addresses a number of new issues concerning the individual issues stage of a class action under Ontario’s Class Proceedings Act.
Last month, the Ninth Circuit held that a district court in the Western District of Washington erred by striking class allegations from a complaint because a product defect did not manifest in the vast majority of products purchased.
The United States Supreme Court has decided not to review Pliva v. Huck, an Iowa Supreme Court decision that held federal law does not preempt failure to update claims against generic drug manufacturers.
The core business models of both Uber and Lyft have just been turned over to two separate California juries.
Selling to consumers is generally a beneficial enterprise for all involved, but occasionally businesses will need to recall products, for a myriad of reasons.