We know it’s still hockey season but an interesting decision from the Ninth Circuit recently caught our eye involving the national pastime.
Hoping to catch a foul ball in the stands has long been a fan-favorite part of America’s pastime. But in an age of increased pitching and hitting speeds and constant distractions—smart phones, seatback displays, and jumbotrons, to name a few—does the risk of injury from the once-coveted trajectories outweigh the excitement? California plaintiffs Gail Payne and Stephanie Smith—long-time fans of the Oakland A’s and the Los Angeles Dodgers, respectively—thought so and filed suit to force the Office of the Commissioner of Baseball d/b/a Major League Baseball (the “MLB”) to put up more safety netting, spanning “from foul pole to foul pole,” at every MLB stadium.
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As consumers continue to file putative class actions for allegedly defective products, it is imperative that practitioners take note of how federal courts are applying the requirements of Federal Rule of Civil Procedure 23. Recently, the District Court of New Jersey denied class certification of a proposed putative class actionRead the full article →
Recently, Judge David Nuffer of the U.S. District Court for the District of Utah denied Federal Cartridge Company’s motion for summary judgment regarding claims for defective manufacture and breach of implied warranty arising from injuries sustained by Jacob Barben, a hunter, when his shotgun’s barrel burst upon firing. See BarbenRead the full article →
Earlier this month, Judge Yvonne Gonzales Rogers of the United States District Court for the Northern District of California granted a summary judgment motion filed by Starbucks Corporation (“Starbucks”), dismissing all counts brought by a putative class alleging that Starbucks “uniformly underfills its lattes and mochas” to “save on the costRead the full article →
Late last year the First Circuit affirmed the entry of summary judgment for defendants in a product liability case brought by the Town of Westport, Massachusetts. See Town of Westport v. Monsanto Co., 2017 WL 6205273 (1st Cir. Dec. 8, 2017). Westport sued Monsanto Company, Solutia, Inc., and Pharmacia CorporationRead the full article →