LexisNexis® Legal Newsroom
Florida Jury Awards $450,000 In Punitives To Daughter of Smoker (Watch The Closing Statement Videos)

BRONSON, Fla. — (Mealey’s) The daughter of a smoker who died of lung cancer was awarded $450,000 in punitive damages Nov. 12 by a jury in Florida’s Eighth Judicial Circuit Court in a trial limited to the redetermination of damages following the striking of an earlier award of almost...

Norton Rose Fulbright: 1 Plaintiff Not Enough to Prove Advertising Likely to Deceive Reasonable Consumers

By Matthew Gurvitz It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might...

Norton Rose Fulbright: Certification of Damages Class Denied in ‘All Natural Fruit’ False Labeling Suit

By Joshua Lichtman Updating our previous post , another federal district court has interpreted Comcast Corp. v. Behrend [ an enhanced version of this opinion is available to lexis.com subscribers ] to require plaintiffs to demonstrate a viable “means of showing damages on a classwide basis through...

Florida Jury Awards Smoker’s Family $3M, Will Consider Punitive Damages Next (Watch Closing Arguments Video Excerpts)

JACKSONVILLE, Fla. — (Mealey’s) A jury in Florida’s Fourth Judicial Circuit Court for Duval County on Nov. 24 awarded a total of $3,094,000 to the family of a woman who alleged that her death from chronic obstructive pulmonary disease (COPD) was caused by her 35 years of smoking ( Andy...

Split U.S. Supreme Court: Only Plausible Allegation Needed In CAFA Appeal

WASHINGTON, D.C. — (Mealey's) A notice of removal filed under the Class Action Fairness Act (CAFA) requires only a plausible allegation regarding the amount in controversy exceeding the jurisdictional threshold, a split U.S. Supreme Court ruled Dec. 15 ( Dart Cherokee Basin Operating Company...

Plaintiff, Tobacco Companies Lay Out Evidence In Suit By Smoker’s Widow (Watch The Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way March 9 in the Florida 17th Judicial Court for Broward County with opening statements in a suit alleging that the death of a lung cancer sufferer was caused by his years of smoking ( Rose Pollari, et al. v. R.J. Reynolds Tobacco Co.,...

Opening Arguments Held In Case Over Coverage For Excess Skin Removal (Watch The Videos)

ALAMEDA, Calif. — (Mealey’s) An Alameda County, Calif., Superior Court judge on March 16 heard opening arguments in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery...

Florida High Court Says Statute Of Repose Does Not Bar Engle Fraud Claims

TALLAHASSEE, Fla. — (Mealey’s) A plaintiff seeking to assert a fraudulent concealment claim in an Engle progeny suit is not required to prove reliance on statements made by the defendant tobacco company within the 12-year statute of repose period leading up to the May 5, 1994, filing of the...

2nd Jury Hears Openings In Tobacco Suit Halted By Florida Supreme Court’s Rulings (Watch Opening Statement Videos)

FORT LAUDERDALE, Fla. — (Mealey’s) Opening statements got under way April 10 — for the second time in less than two weeks — in an Engle progeny suit in which a mistrial was declared just two hours after the Florida Supreme Court handed down two rulings on the standard of proof...

Jurors Hear Openings In Retrial Of Suit After Florida High Court Ruling (Watch The Videos Of The Opening Statements)

MIAMI — (Mealey’s) Trial got under way in the Florida 11th Judicial Circuit Court with opening statements April 10 in a suit that was the subject of a Florida Supreme Court ruling eight days earlier resolving a conflict among the state appellate courts on the standard of proof for claims...

Bench Trial Concludes In Case Over Coverage For Excess Skin Removal (Watch The Video)

ALAMEDA, Calif. — (Mealey’s)The bench trial in a class suit brought by members accusing Kaiser Foundation Health Plan Inc. of violating California Health and Safety Code Section 1367.63 by denying all requests for surgery to remove excess skin following bariatric surgery without first having...

U.S. High Court Accepts Appeal Of Suit Over Unsolicited Navy Texts

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on May 18 agreed to hear the appeal filed in a lawsuit against a company allegedly responsible for instructing or allowing a third-party vendor to send unsolicited text messages on behalf of the U.S. Navy ( Campbell-Ewald Company v. Jose...

Florida Jury Says Smoker Not Addicted, Returns Defense Verdict (Watch Video Excerpts Of The Closing Statements)

PENSACOLA, Fla. — (Mealey’s) A Florida state court jury returned a defense verdict May 21 in a suit alleging that the death of a former smoker from chronic obstructive pulmonary disease (COPD), coronary artery disease and peripheral vascular disease was caused by his years of smoking ( Ethel...

Florida Jury Hears Openings In Trial Of Suit Filed By Widower Of Longtime Smoker (Watch The Opening Argument Video Excerpts)

FORT LAUDERDALE, Fla. — (Mealey’s) Trial got under way in Florida state court on June 23 with opening statements in a suit alleging that a woman’s death from lung cancer and other smoking-related diseases was caused by her addiction to cigarettes ( John McCoy, et al. v. R.J. Reynolds...

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff cannot establish that a class is ascertainable...

DLA Piper: 7th Circuit: Victims Of Data Breaches Have Article III Standing To Litigate Class Action Lawsuits

By Amanda Fitzsimmons, Jim Halpert and Chelsea N. Mutual To date, an overwhelming majority of courts have dismissed data breach consumer class actions at the outset due to a lack of cognizable injury-in-fact, an essential element for standing under Article III of the U.S. Constitution. In Remijas...

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to identify class members in a reliable and administratively...

Keller And Heckman LLP: Consumer Claims Targeting Trans Fat In Instant Noodles Case Survive Motion To Dismiss

Last month we wrote about FDA's determination that trans fat will no longer be generally recognized as safe ("GRAS") and that the agency's decision could open the door for consumers wishing to attack food products containing trans fat. 1 Perhaps in a sign of things to come, the "Food...

DLA Piper LLP: 7th Circuit Rejects 3rd Circuit's ‘Heightened’ Ascertainability Analysis

By E. Colin Thompson Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach. The Seventh Circuit...

Ballard Spahr LLP: The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of class actions under the Telephone Consumer Protection Act. Other plaintiffs’...

Ballard Spahr LLP: Pennsylvania Data Breach Class Action Survives Motion to Dismiss

By Daniel JT McKenna, Philip N. Yannella and Suzanne O. Lufadeju A federal judge in Pennsylvania has allowed a data breach class action against Coca-Cola and several bottling companies to proceed, finding that the plaintiff has Article III standing even though he had left Coca-Cola’s employment...

DLA Piper LLP: Does an offer of complete relief moot a putative class action? U.S. Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

By E. Colin Thompson The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez , No. 14-857, case [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance] . . The two questions presented in Gomez that are of importance to...

J.C. Penney Pays $50 Million To Settle California False Advertising Class Action

J.C. Penney Corporation Inc. allegedly engaged in a false price comparison advertising scheme by advertising "sale" prices substantially lower than "original" or "regular" prices for apparel and accessories using false regular and original prices. In an action initiated...

Super Bowl of Sour Grapes

A federal lawsuit brought after Super Bowl XLVIII, which was held in New Jersey in 2014, was recently dismissed for lack on standing on the part of plaintiffs. Named plaintiffs, Josh Finkelman and Ben Hoch-Parker, wanted to attend the 2014 Super Bowl. Finkelman bought two tickets on the resale market...