With cool and brisk days soon approaching, a warm bowl of oatmeal seems like the perfect breakfast choice – but not so much for a group of consumers allegedly disappointed with Quaker’s “maple” flavored oatmeal for its lack of maple syrup. This month, a federal court in California dismissed a proposed class action against Quaker Oats Company based on federal preemption. See In re Quaker Oats Maple & Brown Sugar Instant Oatmeal Litigation opinion.
The oatmeal at issue is Quaker’s “Maple and Brown Sugar” flavored oatmeal, which was introduced in the 1970’s. Maple syrup comes from the sap of maple trees through a process of drilling and heating. Plaintiffs, consumers from states throughout the United States, claimed that the oatmeal’s label states in bold type “Quaker Instant Oatmeal, Maple & Brown Sugar” and includes
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Last month, the Georgia Court of Appeals affirmed a trial court’s decision excluding a plaintiff’s expert testimony and granting summary judgment for the defendant, LG Electronics, Inc. (“LG”), in a case involving allegations that the plaintiff’s LG television exploded, causing a house fire, which resulted in the death of the plaintiff’sRead the full article →
We routinely report on class actions here on the Product Liability Monitor. With this update, however, we are shifting gears to “mass” actions under the Class Action Fairness Act, commonly referred to as CAFA. Specifically, CAFA creates federal jurisdiction based on minimum diversity for certain class and mass actions. CAFA’sRead the full article →
Today’s takeaway: never be so bold as to assume what an Article III judge will do. To the surprise of this author, and Judge Gregg Costa of the Fifth Circuit Court of Appeals, Judge Kinkeade of the Northern District of Texas, who presides over the Pinnacle Device MDL, is proceedingRead the full article →
The Pinnacle Acetabular Cup System, a hip-implant device, is the subject of a massive Multidistrict Litigation (MDL), consolidating over 9,300 plaintiffs’ product-liability actions in the Northern District of Texas. See In re DePuy Orthopaedics, Inc., 2017 WL 3768923 (5th Cir. 2017). Under the MDL statute, 28 U.S.C. § 1407, actions transferredRead the full article →