Case Summaries

Case Summaries

Consumer Protection

[10/18] Cottrell v. Alcon Laboratories
In a consumer protection class action, alleging that various defendants' prescription eye drop medications come with a bottle dropper tip that dispenses too much medication in one drop, thereby wasting medication and causing plaintiffs undue economic hardship, the district court's dismissal is reversed where plaintiffs have alleged sufficient injury in fact to confer Article III standing under to bring their various state law claims.

[09/19] Katz v. The Donna Karan Company, LLC
Affirming the judgment of the district court dismissing the plaintiff's complaint for lack of subject matter jurisdiction in a Fair and Accurate Credit Transactions Act (FACTA) case because the printing of a credit card number on a receipt was held not to increase the risk of material harm of identity theft, but remanding for the dismissal to be entered without prejudice due to the lack of subject matter jurisdiction.

[09/15] Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra
Reversing the district court's grant of summary judgment to plaintiffs challenging the California ban on foie gras and vacating the district court's permanent injunction because the ban was not expressly preempted by the Poultry Products Inspection Act because it did not impose a preempted ingredient requirement and the law did not preempt California under the doctrines of field and obstacle preemption because the law itself contemplated state involvement.

[08/24] Rubenstein v. The Gap, Inc.
Affirming the trial court's decision to sustain the demurrer of The Gap in a case that alleged state Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act violations when the store sold lower quality goods at their 'Factory Stores' that were never sold in their main stores because the plaintiff failed to allege a misrepresentation or actionable omission by the store.

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Injury & Tort Law

[10/13] Reenstierna v. Currier
In a defamation action, arising out of defendant's report to the New Hampshire Real Estate Appraisal Board's disciplinary hearing concerning a grievance charge against plaintiff, a real estate appraiser, the district court's grant of summary judgment to defendant is affirmed where defendant's statements in his report are shielded from this suit by New Hampshire's absolute witness immunity doctrine.

[10/12] Trotter v. 7R Holdings LLC
Affirming a district court order dismissing a maritime case involving an injury that took place on a boat registered in the British Virgin Islands for forum non conveniens because the remedies available in the alternative forum were not clearly inadequate, the Jones Act lacked a special venue provision, and the court reasonably balanced the relevant private and public interest factors.

[10/12] Stewart v. St Joseph Health
Issuing a peremptory writ of mandate directing the Superior Court to vacate an order granting summary adjudication of the plaintiff's causes of action for elder abuse, fraudulent concealment, and medical battery and substituting an order denying the motion as to these causes of action because of errors in the determination of duties owed and because issues of material fact existed.

[10/11] Small Justice LLC v. Xcentric Ventures LLC
Affirming the district court's decision to dismiss the plaintiff's claims under Massachusetts law for libel and intentional interference, affirming the grant of summary judgment to the defendant on the remaining claims, and affirming the award of attorney fees and costs to the defense in a case where an attorney was the subject of two negative reports because the law immunized the defense for many of the complaints.

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