Litigation

Recent Posts

New Jersey High Court: Some Warning, Warranty Claims About Stent Aren't Preempted
Posted on 10 Aug 2012 by Tom Moylan

TRENTON, N.J. - (Mealey's) The New Jersey Supreme Court on Aug. 9 ruled that some failure-to-warn claims and some breach of warranty claims involving the Cordis Cypher drug-coated coronary stent may survive federal preemption, a ruling that applies... Read More

How Much Are You Drinking at Starbucks?
Posted on 21 Oct 2016 by Gabriela Nolen

Recently, two federal district courts have dismissed lawsuits alleging that that Starbucks Corporation deceives its customers by misrepresenting the volume of its cold drinks. The first case was decided by a California federal district court in August... Read More

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider
Posted on 23 Apr 2012 by William A. Ruskin

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her... Read More

Subway Class Action Settlement Comes up Short
Posted on 2 Oct 2017 by Gabriela Nolen

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has reversed a district court’s approval of a settlement in a class action alleging that Subway’s “Footlong” sandwiches were not uniformly 12 inches long... Read More

Supreme Court Rejects Suit Alleging Burn Injuries From Defective Lighter
Posted on 13 Jan 2014 by Christopher Bauer

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Jan. 13 denied a petition for a writ of certiorari filed by a man who claims that a child suffered burn injuries due to an allegedly defective cigarette lighter ( David R. Cummins v. Bic... Read More

3rd Circuit: Defect, Warranty Claims For Vagus Nerve Stimulator Preempted
Posted on 3 Aug 2010 by Tom Moylan

PHILADELPHIA - (Mealey's) The Third Circuit U.S. Court of Appeals on July 30 affirmed that manufacturing defect and breach of warranty claims involving the Vagus Nerve Stimulation (VNS) Therapy System made by Cyberonics Inc. are expressly preempted... Read More