The Litigation Counsellor®

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Rum Maker Sued Over Misleading Label

Elizabeth DiNardo, Esq. | Associate Counsel

On September 9, 2021, class claims were filed in the Central District of California against rum producer Diageo North America, Inc. alleging that the company engages in misleading business practices with the marketing and sale of its Ron Zacapa 23 Centenario Rum (“the Product”) which the defendant promotes as being aged 23 years prior to being put on the market.

C.R. Bard’s Bid for Dismissal in Hernia Mesh Bellwether Rejected

Elizabeth DiNardo, Esq. | Associate Counsel

On September 2, 2021, U.S. District Court Judge for the Southern District of Ohio Eastern Division Edmund A. Sargus Jr., issued an order rejecting defendant C.R. Bard’s bid for summary judgment as the first bellwether in the Hernia Mesh multidistrict litigation continues.

The plaintiff in the bellwether, Steven John, claims that he sustained significant injuries as a result of the implantation of the defendant’s Ventralight ST device.

Notre Dame Football and NCAA Face Class Claims Over Player Safety

Elizabeth DiNardo, Esq. | Associate Counsel

On August 25, 2021, class claims were filed in federal court in the Northern District of Indiana against the National Collegiate Athletic Association (“NCAA”) and the University of Notre Dame Du Lac (“Notre Dame”) alleging that the defendants have a reckless disregard for the health and safety of generations of Notre Dame football student athletes.

On August 23, 2021, Sterling Jewelers Inc. the parent company of popular specialty jewelry store Jared the Galleria of Jewelry (“Jared”) was served with class claims in federal court in the Southern District of Florida alleging that it overstates diamond weights at both its brick-and-mortar locations and on its website.

In the complaint, named plaintiff Thomas Kimbro argues that Jared, which operates over 200 retail locations nationwide, systematically inflates the total weights of uncertified diamonds knowing that the average customer would have no way of knowing that the diamond weight was inflated prior to purchase.

Strawberry Pop-Tart Manufacturer Faces Class Claims Over Ingredients

Elizabeth DiNardo, Esq. | Associate Counsel

On August 21, 2021, class claims were filed in the Southern District of Illinois East St. Louis Division against food giant Kellogg Sales Company alleging that the company actively misleads consumers as to the true nature of the ingredients in the brand’s popular breakfast food Frosted Strawberry Pop-Tarts (“the Product”).

On August 19, 2021, Johnson & Johnson Consumer Inc. (“J&J”) and retail giant Costco Wholesale Corporation filed a response motion with the Judicial Panel on Multidistrict Litigation (“JPML”), agreeing with calls from plaintiffs in the carcinogenic sunscreen litigations to consolidate all related cases into a multidistrict litigation (“MDL”) centralized in the District of New Jersey under Chief Judge Freda L. Wolfson.

On August 17, 2021, class claims were filed in the Circuit Court of Cook County against the Art Institute of Chicago (“AIC”) alleging that the school had engaged in the unlawful collection, use, storage and disclosure of sensitive and proprietary biometric identifiers of individuals on the AIC campus.

On August 12, 2021, two Ohio counties filed a motion in limine in federal court in the Northern District of Ohio Eastern Division in preparation for the counties’ upcoming October bellwether trials in the Opioid Litigation.

In the motion, the two counties, Trumball and Lake County, seek to exclude any reference to prescription opioids as “legal” drugs or to distinguishing them from “illegal” drugs. The plaintiffs argue that characterizing prescription opioids and other controlled substances as “legal” or distinguishing them from “illegal” drugs is misleading and states a legal conclusion.

On July 27, 2021, class claims were filed in federal court in the Southern District of New York against insurance giant Progressive Corporation (“Progressive"), alleging that the company deceptively paid claimants less than the actual value for their vehicles that were completely destroyed.

On July 29, 2021, Black Widow star, actress Scarlett Johansson, filed suit against The Walt Disney Company (“Disney”) in the Superior Court for the State of California, alleging that Disney’s release of her latest film, Black Widow, on the Disney+ streaming service the same day as it was released in theaters was a violation of her contract.

In the complaint, the plaintiff argues that based on her impressive reputation as a reliable box office draw, Marvel Studios (“Marvel”) and its parent company Disney, agreed that her compensation for starring in Black Widow would be largely based on box office receipts generated by the movie.

Women in the Law—Informing the Patient

Elizabeth DiNardo, Esq. | Associate Counsel

For most attorneys, there will always be select cases that stand out in their memory as unique for any number of reasons. Those are the cases that have become tried and true “war stories” and are dusted off at parties and events. However, not every attorney can boast that one of their most memorable cases went on to become a wildly successful true-crime podcast and ultimately an NBC television series.

Texas attorney, Kay Van Wey of Van Wey & Williams Trial Law Firm, boasts a career widely characterized by outstanding cases and newsworthy verdicts. On the heels of the premiere of the new NBC show, Dr. Death, a series based in part by one of Kay’s most well-known cases, we were able to sit down with Ms. Van Wey to talk about her intriguing career, the world of medical malpractice and what drives her to seek justice for her clients.

On July 26, 2021, class claims were filed in Massachusetts federal court against Dutch sleep apnea therapy machine manufacturers Koninklijke Philips N.V., Philips North America LLC and Philips RS North America LLC (collectively, “Philips”) alleging that through the degradation of a noise-abating insulation foam used in the majority of Philips’ defective sleep products, users were exposed to toxic chemicals.

On July 20, 2021, U.S. District Court Judge for the Southern District of New York Katherine Polk Failla, issued an order refusing to dismiss claims of breach of implied contract and unjust enrichment against The Manhattan School of Music (“the School”). The suit was filed by a class of disgruntled students who were forced to pay the school’s full tuition and fees for the Spring 2020 semester, despite the majority of the semester being fully virtual.

Wine Label Class Action Survives Bid for Dismissal

Elizabeth DiNardo, Esq. | Associate Counsel

On July 14, 2021, Northern District of California Judge Richard Seeborg issued an order denying winemaker Cooper Cane’s bid to dismiss class claims alleging that the defendant intentionally misled consumers in describing certain vintages of its pinot noir.