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Proposed Class Action against Dr. Pepper alleging Canada Dry Ginger Ale Does Not Contain Real Ginger

A class action was filed on July 27, 2017 alleging Canada Dry Ginger Ale (“Canada Dry”), owned by Pepper Snapple Group, Inc. (“Dr. Pepper”), does not contain a detectable amount of actual ginger and that the company falsely labels and markets its beverage. U.S. District Judge Roseann Ketchmark, a Missouri federal judge, ruled on April […]

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Was this product liability verdict a predictor of upcoming cases?

Pelvic mesh implants were introduced about a generation ago. They have been widely used across the world to treat so-called “stress incontinence” in women.   That condition involves the involuntary flow of urine. It most commonly occurs following childbirth and during menopause. The implants also target pelvic organ prolapse. That occurrence is marked primarily by […]

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Trucking Companies To Pay $9.2M To Settle Wage Claims

On April 13, 2018, a putative class of employees filed a motion asking the Honorable Dale A. Drozd, of the U.S. District Court for the Eastern District of California, for preliminary approval of a proposed deal under which Roadrunner Intermodal Services LLC, Central Cal Transportation LLC, and Morgan Southern Inc. (collectively, “Defendants”) will pay $9.2 […]

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NLRB Judge Rules Lowe’s Rules Against Discussing Salary Are Illegal

On April 17, 2018, National Labor Relations Board (“NLRB” or “Board”) Administrative Law Judge, Amita Baman Tracy, ruled that the confidentiality provisions in Lowe’s Home Center LLC’s (“Lowe’s”) Code of Business Conduct and Ethics that prevent employees from discussing salary information are in violation of the National Labor Relations Act (“NLRA”). Judge Tracy held that […]

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Bai Drink Company Sued Over Allegedly Misleading Labeling

On April 19, 2018, California resident Kevin Branca (“Plaintiff”), on behalf of himself and all others similarly situated, filed a putative class action against drink maker, Bai Brands LLC (“Defendant”), accusing the company of using misleading packaging that suggests its products are made with “all-natural” ingredients even though they are artificially flavored. Defendant is a […]

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Facebook Users Granted Class Certification in Facial Recognition Suit

On April 16, 2018, the Honorable James Donato, of the U.S. District Court for the Northern District of California, granted class certification to a group of Illinois Facebook users (“Plaintiffs”) who claim that the social media company, Facebook, Inc. (“Facebook” or “Defendant”), scanned images of their faces as part of its “Tag Suggestions” feature without […]

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Is arbitration or litigation the better business strategy?

Legal subject matter can sometimes be fairly simple and straightforward and at other times notably complex. And context can be everything. That nuanced quality makes a one-size-fits-all answer to whether arbitration or formal courtroom litigation is a better legal response to conflict an illogical response. A recent online comparison of litigation and arbitration as strategies […]

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$10 Million goes to Plaintiffs in ERISA case against Farmers & Merchants

On April 11, 2018, U.S. District Judge Wendy Beetlestone was asked to grant the preliminary approval of a $10 million settlement in a putative class action ERISA suit against Farmers & Merchants Trust Company of Chambersburg (“F&M”) in which more than 200 employees of the company allegedly paid into more than 500 employee benefits plans, […]

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Long-time profit driver for Johnson & Johnson now a clear nemesis

Executives with global colossus Johnson & Johnson are presently viewing talcum powder and other talc-based products in a manner sharply divergent from the elation that has long marked their preeminence as profit drivers for the company. J&J revenues have been materially augmented for decades by the global popularity of company products like Baby Powder and […]

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Security Company Sued Under Illinois Biometrics Law

On April 11, 2018, a putative class of employees led by Jacquette Smith (collectively, “Plaintiffs”) filed a lawsuit in Illinois state court alleging their employer, Andy Frain Services Inc. (“Defendant”), was collecting and storing their personal information through a finger-scan timekeeping device, in violation of the Illinois Biometric Information Privacy Act (“BIPA”). Defendant is a […]