Category Archives: california

Software update defeats class certification

Posted on October 15, 2013 by rtushnet

Waller v. Hewlett–Packard Co., No. 11 cv0454, 2013 WL 5551642 (S.D. Cal. Sept. 29, 2013) So I’m trying to cut down on California coverage and just give the highlights.  That said, I recommend this case for some of the most … Continue reading →

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The milk of human lawsuits

Posted on October 9, 2013 by rtushnet

Gitson v.Trader Joe’s Company, No. 13–cv–01333, 2013 WL 5513711 (N.D. Cal. Oct. 4, 2013)   Plaintiffs sued over “evaporated cane juice” and got basically the result in Wallaby, previously summarized.  They also alleged that certain soy milk products were labeled … Continue reading →

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sugar by any other name unlawful, but not misleading

Posted on October 9, 2013 by rtushnet

Morgan v. Wallaby Yogurt Company, Inc., No. 13–cv–00296, 2013 WL 5514563 (N.D. Cal. Oct. 4, 2013) Another “evaporated cane juice” claim, here for yogurt that used that term in its ingredients list instead of “sugar” or “dried cane syrup.”  The … Continue reading →

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"unlimited" service that was actually limited could deceive consumers

Posted on October 7, 2013 by rtushnet

Chapman v. Skype Inc., — Cal.Rptr.3d —-, No. B241398, 2013 WL 5502960 (Ct. App. Oct. 4, 2013) Chapman alleged that Skype falsely advertised its voice over IP calling plans as “Unlimited” when they actually limited the number of minutes per … Continue reading →

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another evaporated cane juice plaintiff gets to proceed

Posted on October 7, 2013 by rtushnet

Werdebaugh v. Blue Diamond Growers, No. 12–CV–02724, 2013 WL 5487236 (N.D. Cal. Oct. 2, 2013) The usual California claims, this time directed at Blue Diamond’s almond milk products and snack foods, which allegedly falsely claimed to be “All Natural” despite … Continue reading →

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Newton law: puree is real fruit

Posted on October 1, 2013 by rtushnet

Manchouck v. Mondelēz International Inc., No. C 13–02148, 2013 WL 5400285 (N.D. Cal. Sept. 26, 2013) This one’s short: Manchouck argued that Nabisco’s strawberry and raspberry Newton cookies were not “made with real fruit,” as labeled, but merely with “mechanically … Continue reading →

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