Faegre Drinker on Products
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Articles by Faegre Drinker on Products:
Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion highlights the importance of face-to-face interaction between a trial court judge and prospective jurors during voir dire. It also unfolds a cautionary tale about waiver for counsel who would challenge a prospective juror based on actual bias.
In Trigg v. Children’s Hospital of Pittsburgh of UPMC, 2020 WL 1932639 (Pa. Apr. 22, 2020), the Court found a medical malpractice plaintiff waived her objection to the procedure by which the trial court had evaluated an objection to a juror’s actual bias. The plaintiff challenged the juror for cause at trial, but argued for the first time in post-trial motions that the judge did not have the chance to observe the person’s “demeanor” because jury selection was overseen by the court clerk, with the challenge evaluated by the judge based only on the transcript record.
Continue reading “Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection”
An Illinois federal court recently reinforced the distinction between a properly plead consumer fraud claim and an express warranty claim merely masquerading as a consumer fraud claim, while granting a defendant’s motion to dismiss.
In Parrott v. Family Dollar, Inc.the plaintiff alleged breach of warranty and consumer fraud claims against Family Dollar, Inc. regarding its aloe vera product. The Hon. Jorge L. Alonso of the Northern District of Illinois unmasked plaintiff’s consumer fraud claim as nothing more than a breach of warranty claim by another name, and subsequently granted defendant’s motion to dismiss.
Continue reading “A Warranty Claim by Any Other Name Remains a Warranty Claim – Illinois Federal Court Dismisses Claims Against Aloe Vera Retailer”
“In the age of COVID-19 and other public health challenges, supply levels in the medical industry occupy a prominent place in our national consciousness,” an Illinois federal judge noted earlier this month while dismissing a proposed class action against manufacturers of intravenous (IV) saline solution. This marked the second dismissal of the proposed class action because the plaintiffs failed to sufficiently back up antitrust allegations that the defendants conspired to manipulate the supply of the product.
Continue reading “Claims That Manufacturers of IV Saline Solution Caused Public Health Crisis Twice Dismissed as Insufficiently Plead by Illinois Federal Court”
Over the past two months, the practice of law has shifted to rely heavily on the use of technology. Communication internally, with clients and with the court is almost exclusively conducted via telephone or videoconference. But the New Jersey Court Rules do not provide clear guidance on the use of video testimony at trial — it is not expressly permitted nor is it expressly prohibited, leaving a gap in interpretation and application. Recently in Pathri v. Kakarlamath, A-4657-18T1 (App. Div. Jan. 23, 2020), the New Jersey Appellate Division picked the perfect time to get “plucky and adventury” and considered a party’s request to testify by video. The opinion clarifies that video testimony is acceptable during trial if warranted by exigent circumstances, and sets forth seven factors for courts to consider. Decided only weeks before the state underwent lockdown due to COVID-19, the court’s analysis is timely to say the least.
Continue reading “Coincidentally Timely – New Jersey Appellate Division’s New Guidance Permitting Remote Testimony at Trial”
A putative class action complaint alleging that a product labeled “Premium Baking Chips Classic White Chips” deceptively implied the product contained white chocolate has been dismissed after a federal court held that no reasonable consumer would be deceived because the product nowhere stated “chocolate” or “cocoa,” and the ingredient list plainly disclosed the product did not contain those ingredients. The decision reflects a growing trend of district courts limiting the Ninth Circuit’s Williams v. Gerber rule that a reasonable consumer need not examine the ingredient list.
Continue reading “Ingredient Lists Still Matter: California Federal Court Dismisses White Baking Chips Lawsuit”
Consumer demand for natural cosmetics continues to grow. A Bloomberg News article projected the natural cosmetics market to grow over 5% annually and to be worth $48.04 billion by 2025. The article noted that high demand for natural products among millennials is “driving the growth,” which means the trend is likely to continue. Despite the increasing market share, the federal agencies that regulate the sale and advertising of cosmetics, the Food & Drug Administration (FDA) and the Federal Trade Commission (FTC), still have not formally defined the term “natural” as applied to cosmetics.
Continue reading “Natural Cosmetics: Products Without a Clear Definition”
