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Litigation, mainly under state and federal statutes, focused most often on breach of warranty and failure to warn.
By Colleen Murphy | March 25, 2024
"Indeed, the Appellate Division found here—and defendant SPARC Group LLC does not contest—that defendant's conduct violates the CFA," Justice Lee A. Solomon said. "However, to state a CFA claim, private plaintiffs ... must show that they suffered an 'ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any practice declared unlawful under' the CFA."
5 minute read
By Riley Brennan | March 25, 2024
U.S. District Judge Indira Talwani for the District of Massachusetts found that the plaintiff, Mark Schotte, sufficiently plead a likelihood of future injury in order to establish standing or injunctive and declaratory relief, after he alleged he would be interested in purchasing the wipes again if Stop & Shop ensured they were actually flushable.
4 minute read
By Chris O'Malley | March 25, 2024
"Coming from an in-house perspective, the last thing you want is a letter on your desk from the government that is entitled 'Notice of Proposed Penalty Offense,'" said Sarah La Voi, a partner at Baker & Hostetler.
6 minute read
By Maydeen Merino | March 22, 2024
"If we end up finding that these types of practices violate any of the antitrust laws ... I know I'll be very interested in making sure we take swift action," FTC Chair Lina Khan said.
4 minute read
By Allison Dunn | March 18, 2024
Associate Justice Gregory I. Massing said that Fairfield Inn's alleged knowledge about the plaintiffs' business stay and its "failure to tell them in advance that they could not do business there was unlike neglecting to warn that an elliptical machine in the hotel gym was out of order, and more akin to neglecting to tell arriving guests that rooms are not furnished with beds."
4 minute read
By Allison Dunn | March 15, 2024
"In the case of the plaintiff, she had to get money out of her retirement account to make payroll, purchase medications for patients and pay operating expenses because they were unable to get claims either pre-authorized, or if they were submitted, they weren't able to get them paid," Thomas A. Zimmerman, Jr., a Chicago-based attorney at the Zimmerman Law Offices told Law.com. "This is causing a tremendous financial burden on the healthcare providers."
5 minute read
By Amanda Bronstad | March 14, 2024
An Illinois jury awarded $60 million on Wednesday in the first verdict involving cow's milk-based infant formula that allegedly has sickened or killed premature babies who contracted a gastrointestinal inflammation called necrotizing enterocolitis, or NEC.
5 minute read
By James Francis | March 14, 2024
In its recent decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz, the U.S. Supreme Court resolved a circuit split over whether federal agencies could be liable to individuals for private rights of action under the Fair Credit Reporting Act (FCRA).
8 minute read
By Colleen Murphy | March 13, 2024
"Emotional support animals, however, are different from pets and are not subject to general pet policies. ESAs can help people who struggle with mental health issues and other disabilities, and can enable them to function better in their everyday lives," Chief Justice Stuart Rabner said.
5 minute read
By Riley Brennan | March 13, 2024
This complaint was first surfaced by Law.com Radar.
3 minute read
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