Tag Archives: consumer protection

unconscionability prevents enforcement of arbitration agreement for consumer claims

Posted on February 3, 2021 by rtushnet

Cabatit v. Sunnova Energy Corp., No. C089576, — Cal.Rptr.3d —-, 2020 WL 8365909 (Ct. App. Dec. 31, 2020) California isn’t fond of mandatory consumer arbitration. Here, the court finds the arbitration agreement unconscionable and refuses to enforce it against a … Continue reading →

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surveys/expert evidence of deception still not required in consumer protection claims

Posted on January 25, 2021 by rtushnet

Hawkins v. Kroger Co., 2021 WL 210843, No. 15cv2320 JM (AHG) (S.D. Cal. Jan. 11, 2021) Hawkins sued, with the usual California claims, because Kroger breadcrumbs said “0g Trans Fat Per Serving”  on the front and the nutrition label said … Continue reading →

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Test yourself: would you have approved this “covid-free” claim?

Posted on December 29, 2020 by rtushnet

 From the NYT this weekend (h/t Zachary Schrag): “It’s time to put COVID on hold … and set out for the ultimate escape to the world’s only 6-star hotel, Quintessence Hotel. The sixth star is for our (and Anguilla’s) diligence … Continue reading →

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inability to rely on claims provides standing to seek injunctive relief in 9th Circuit

Posted on September 30, 2020 by rtushnet

Milan v. Clif Bar & Co., 2020 WL 5760450, No. 18-cv-02354-JD (N.D. Cal. Sept. 28, 2020) Plaintiffs brought the usual California claims against the “health and wellness message[s]” on defendant Clif Bar & Company’s “Kid Zbars” and “ ‘Classic’ Clif … Continue reading →

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restitution unavailable in fed ct when damages are adequate, no matter what Cal state cts say

Posted on September 24, 2020 by rtushnet

Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020) In this amended opinion (original summarized here), the court elaborates on its reasoning that Sonner couldn’t abandon her damages claim on the eve of trial in this false advertising … Continue reading →

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Second Circuit affirms flushable wipes damages class certification, disallows injunctive class

Posted on September 21, 2020 by rtushnet

Kurtz v. Costco Wholesale Corporation, 818 Fed.Appx. 57, Nos. 17-1856-cv, 17-1858-cv (2d Cir. Jun. 26, 2020) This is a “flushable” wipes consumer protection class action. The district court previously certified damages and injunctive relief classes. On appeal, the Second Circuit … Continue reading →

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escalated materiality requirement precludes class certification

Posted on September 15, 2020 by rtushnet

Oddo v. Arocaire Air Conditioning & Heating, 2020 WL 5267917, Nos. 15-cv-01985-CAS Ex, 18-cv-07030-CAS(Ex) (C.D. Cal. May 18, 2020) These are consolidated putative class actions alleging that defendants’ HVAC systems have faulty thermal expansion valves (TXVs). A TXV is “a … Continue reading →

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closing SeaWorld during pandemic didn’t make “unlimited” entry passes deceptive

Posted on September 14, 2020 by rtushnet

Kouball v. SeaWorld Parks & Entertainment, Inc., 2020 WL 5408918, No.: 20-cv-870-CAB-BGS (S.D. Cal. Sept. 9, 2020) Kouball failed to state a claim under the usual California statutes and common law causes of action by alleging that SeaWorld deceptively failed … Continue reading →

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Sue Bee beats suit: “pure” survey not good enough to show deception over trace pesticide amounts

Posted on July 21, 2020 by rtushnet

Tran v. Sioux Honey Assoc., 2020 WL 3989444, No. 17-cv-00110-JLS-SS (C.D. Cal. Jul. 13, 2020)  Tran brought the usual California claims based on Sioux Honey products labeled as “Pure” and “100% Pure,” arguing that the products were mislabeled because they … Continue reading →

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Reasonable restaurant consumers wouldn’t think “krab mix” had real crab in it

Posted on April 29, 2020 by rtushnet

Kang v. P.F. Chang’s China Bistro, Inc., No. CV 19-02252 PA (SPx), 2020 WL 2027596 (C.D. Cal. Jan. 9, 2020) Kang alleged that P.F. Chang’s “employed a classic bait and switch tactic whereby it falsely labeled and advertised food products … Continue reading →

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