The United States Supreme Court handed class action defendants a major victory today in the case of Standard Fire Insurance Co. v. Knowles (Supreme Court opinion available here). The Class Action Fairness Act of 2005 (CAFA) gives federal district courts original jurisdiction over class action lawsuits where, among other things, the amount in controversy exceeds… Continue Reading
Category Archives: Class Action
Subscribe to Class Action RSS Feed“All Natural” Food Labeling Claims Trending in California
Posted in "All Natural", California, Class Action, Class Certification, False Advertising, Food and Drug Administration, Food Manufacturer, Genetically Modified Organism, High Fructose Corn Syrup, Labeling Claims, Standing, Sugar SubstitutesNew Year’s resolutions may already be waning but consumers continue to purchase foods and beverages bearing the “All Natural” labels in an effort to eat healthier. The only food trend hotter than buying “Natural” foods and beverages is suing the manufacturers that produce them. Despite the expanding “All Natural” market, the FDA does not substantively… Continue Reading
It’s 2013 – Time to Shape Up!
Posted in Class Action, False Advertising, Insurance Coverage, Nutritional SupplementsAs a new year begins, the Shape Up! coverage litigation draws to an end. On January 2, 2013, the United States Court of Appeals for the Fifth Circuit upheld the judgment of the United States District Court for the Northern District of Texas, holding that Chubb Custom Insurance Company (“Chubb”) had no duty to defend… Continue Reading
Consumers’ Inability to Shape Up! Does Not Constitute Bodily Injury
Posted in Class Action, False Advertising, Insurance Coverage, Nutritional SupplementsTHE SCOOP On January 30, 2012, a Texas federal judge ordered that Chubb Custom Insurance Company (“Chubb”) had no duty to defend its insured because the claimants in the underlying class action did not allege any “bodily injury” as defined by the policy. The underlying class action lawsuit involved a diet and nutritional product called Shape Up! that purported… Continue Reading