Category Archives: california

Reliability, safety, and 1050-1150 RPM speed claims are puffery

Posted on March 18, 2014 by rtushnet

Smith v. LG Electronics U.S.A., Inc., 2014 WL 989742, No. C 13-4361 (N.D. Cal. Mar. 11, 2014) Smith sued LG over allegedly defective washing machines that shook and vibrated excessively during use.  In 2012, the CPSC recalled the machines due … Continue reading →

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Class action objection in the form of a dialogue

Posted on March 6, 2014 by rtushnet

Sample (footnotes omitted): CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.Class Member. That’s nice of them. Are they funding the costs of running the event?Counsel: No, they … Continue reading →

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Lance Armstrong has a rare good day: consumer protection claims dismissed

Posted on March 3, 2014 by rtushnet

Martin v. FRS Company, No. CV-13-01456 (C.D. Cal. Feb. 25, 2014) FRS makes energy and sports drinks and related goods. Lance Armstrong was an equity owner and brand ambassador for FRS who participated in FRS’s marketing and ad strategy. Martin … Continue reading →

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Trump U: puffery defense rejected and class certification granted in 2 cases

Posted on February 28, 2014 by rtushnet

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading →

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Informal administrative inquiry doesn’t preclude lawsuit over "organic"

Posted on February 24, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., 2014 WL 556732, No. C 11–03082 (N.D. Cal. Feb. 10, 2014) (magistrate judge) Plaintiffs sued Hain alleging that it marketed its “Avalon Organics” and “Jason” cosmetic products as organic when they were not made … Continue reading →

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A consumer protection case for Fox Mulder?

Posted on February 21, 2014 by rtushnet

Hey, I get to make an X-Files reference! Lilly v. ConAgra Foods, Inc., — F.3d —-, 2014 WL 644706 (9th Cir. Feb. 20, 2014) Lilly alleged that the tasty coating on sunflower seed shells is designed to be eaten, and … Continue reading →

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retail purchases mean class isn’t ascertainable

Posted on February 18, 2014 by rtushnet

Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of … Continue reading →

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lawsuit against "humane environment" claims for chicken

Posted on February 13, 2014 by rtushnet

Suit accuses Kroger of deception in how chicken were raised. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Grand Theft Auto online delay not actionable

Posted on February 3, 2014 by rtushnet

McMahon v. Take–Two Interactive Software, Inc., No. EDCV 13–02032, 2014 WL 324008 (C.D. Cal. Jan. 29, 2014) Plaintiffs brought the usual California claims based on plaintiff’s advertisements for Grand Theft Auto Vvideogame as including an online multiplayer component, even though … Continue reading →

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Sony data breach case stripped down but not gone

Posted on January 31, 2014 by rtushnet

In re Sony Gaming Networks And Customer Data Security Breach Litigation, No. 11md2258, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) Venkat Balasubramani’s take.  These consolidated cases arose from a criminal intrusion into Sony’s online gaming system. Plaintiffs alleged that … Continue reading →

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