Searching Content indexed under Litigation, Mediation & Arbitration by Austin Marsh ordered by Published Date Descending.
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Closing The Door On Hybrid Product Defect/Fraud Claims
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action...
United States
11 May 2017
CPSC To Consider New Magnet Set Safety Standards Following 10th Circuit Decision In Zen Magnets
We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission's ("CPSC") regulation of high-powered, small, rare earth magnet sets ("SREMS").
United States
31 Mar 2017
Ninth Circuit Affirms Dismissal Of Fraud-Based UCL Claims Based On Lack Of Reliance
The Ninth Circuit Court of Appeals' recent decision supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims.
United States
16 Aug 2016
California Court Of Appeal Finds AG's Privacy Suit Over Fly Delta Mobile App Is Preempted
In a recent ruling, California's Court of Appeal unanimously affirmed the dismissal of California's complaint against Delta Air Lines, Inc., which alleged that the company's Fly Delta mobile...
United States
14 Jun 2016
Statute Of Limitations Taking The Steam Out Of CPSC-Backed Enforcement Action?
It is no secret that the U.S. Consumer Product Safety Commission is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act...
United States
18 May 2016
Third Circuit Limits Federal Aviation Act Preemption For Product Liability Claims
In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct does not categorically preempt such claims.
United States
27 Apr 2016
Federal Preemption Claims: Clear Evidence And An Unclear Standard
Last week, a federal court in Utah granted Aventis Inc.'s motion for summary judgment based on federal preemption of failure-to-warn claims.
United States
6 Apr 2016
Recall, Enforce, Repeat! CPSC And DOJ Team Up For Another Enforcement Action
The United States Consumer Product Safety Commission (CPSC) continues to escalate its enforcement efforts.
United States
29 Jun 2015
Consumer Products: The CPSC Files Suit Seeking Civil Penalties Against Michaels Stores For Failures Of Reporting And Material Misrepresentation
The complaint alleges that, through an unaffiliated corporation (The Gerson Company), Michaels obtained over 200,000 vases from a Chinese manufacturer in mid-2006.
United States
29 Apr 2015
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