Expect a Mess When Food and Class Actions Collide: Part 1

Author: Jeremy Gilman (former Partner at Benesch Law)

Remember eating pasta and spaghetti sauce as a kid?  Remember what it did to your shirt?  Your face?  Want to rekindle that memory?

Two recent cases will help you revive it.  One involves gumbo; the other, gourmet foods and ingredients.  Both involve putative class actions, and each created its own unique mess. Continue reading “Expect a Mess When Food and Class Actions Collide: Part 1”

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

Author: Jeremy Gilman (former Partner at Benesch Law)

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017.  Of the “ayes,” 227 were Republican and three were Democrats; of the “noes,” 183 were Democrats and five were Republicans.  The bill was swiftly approved by the House; it was introduced January 30, 2017. Continue reading “The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017”

The House Has Passed H.R.725: The Innocent Party Protection Act

Author: Jeremy Gilman (former Partner at Benesch Law)

On March 9, 2017, at 7:19 p.m., by a vote of 224 to 194, with eleven members not voting, the House of Representatives passed The Innocent Party Protection Act.  All 227 “ayes” were Republicans, and of the nays (or “noes,” as the House refers to them), 184 were Democrats and 10 were Republicans.  The bill was speedily approved by the House; it was introduced January 30, 2017. Continue reading “The House Has Passed H.R.725: The Innocent Party Protection Act”

The House Has Passed H.R.985: The Fairness in Class Action Litigation Act of 2017

Author: Jeremy Gilman (former Partner at Benesch Law)

On March 9, 2017, at 6:53 p.m., by a vote of 220 to 201, with seven abstentions, the House of Representatives passed The Fairness in Class Action Litigation Act of 2017.  All 220 “ayes” were Republicans and of the “nays,” 187 were Democrats and 14 were Republicans.  As for the speed of its passage, consider this:  the bill was introduced in the House on February 9, 2017. Continue reading “The House Has Passed H.R.985: The Fairness in Class Action Litigation Act of 2017”

A Heartfelt Class Action

Author: Jeremy Gilman (former Partner at Benesch Law)

Few class actions tug at the heart, but Blevins v. Aksut does.

Elizabeth Blevins and 180 others brought a class action in Alabama state court against Seydi V. Aksut, M.D., alleging that “after an examination, Doctor Aksut would falsely tell a patient that the patient needed heart surgery” and then perform the unnecessary procedure and bill the patient.  Also sued were the clinics where the procedures took place. Continue reading “A Heartfelt Class Action”

Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers

On March 6, 2017, the Seventh Circuit Court of Appeals vacated a district court’s certification of eight separate classes against Allergan and other defendants under an Illinois and Missouri statute.  Eike v. Allergan, Inc., No. 16-3334 (7th Cir. March 6, 2017).  Equating the plaintiffs’ allegations to that of cat breeders and Fancy Feast, Judge Posner and the Seventh Circuit held that the plaintiffs’ case amounted to mere buyer dissatisfaction and they failed to allege a cognizable misrepresentation. Continue reading “Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers”