Category Archives: Consumer Litigation

FDA’s Delayed Action Plan for Baby Foods Won’t Delay Consumer Lawsuit

In 2023, a New York district court dismissed three consolidated class actions against Beech-Nut, a baby food manufacturer, alleging that its baby food products contained elevated levels of certain toxic metals. The district court had agreed with Beech-Nut that it should abstain from addressing the plaintiffs’ claims, instead deferring to the FDA under the doctrine […]

NJ Consumer Frauds Act refund provision applies only to food fraud

In 1979, the New Jersey Legislature added Chapter 347 to the state’s Consumer Frauds Act. That  chapter contained a provision expanding what constitutes an “unlawful practice” to include misrepresentations of the identity of food, and also created a refund remedy–specifying that “[a]ny person violating the provisions of the within act shall be liable for a […]

Ninth Circuit Certifies Questions Regarding Uber’s Duties to Customer Safety

The facts of this case are awful: In August 2018, Plaintiff Jane Doe requested that her boyfriend call her an Uber remotely because her phone had low battery. Plaintiff’s phone, however, lost its charge, and she did not receive from her boyfriend the information identifying the authorized vehicle. Plaintiff then entered a car displaying an […]

Are tips payments for services? Second Circuit says yes

A group of consumers brought a class action against the New York Black Car Operators’ Injury Compensation Fund–a statutorily created fund that provides workers’ compensation benefits to New York’s black car drivers. The consumers argued that the fund had unlawfully collected a surcharge on noncash tips they paid to drivers (generally, through the Uber App), […]

Dismissal of Roblox Minor Refund Class Action Affirmed

In an unpublished decision, the Ninth Circuit last week affirmed the district court’s dismissal of a class action against Roblox, a video game platform, based on allegations that Roblox unlawfully denies minors refunds for their purchases of Robux, a virtual currency that users buy to obtain new characters, weapons, and other in-game benefits. The court […]

Eleventh Circuit Addresses Timeshare Defendants’ Arbitration Gamesmanship

The Eleventh Circuit today weighed in on a matter involving the increasingly frequent scenario of a corporate defendant refusing to comply with the terms of the arbitration agreement it foisted upon consumers. Three consumers who had bought timeshares through Wyndham Vacation Resorts filed claims for breach of contract and fraudulent inducement with the American Arbitration […]

Consumer lawyer sued for malicious prosecution by Ashley Furniture

Earlier this month, I shared a decision sanctioning consumer lawyer Spencer Sheehan for bringing what a New York federal court concluded was a frivolous lawsuit against Starbucks based on its labeling of coffee as “100% Arabica.” I noted that Ashley Furniture, a furniture company that had been sued by Sheehan in Florida, had filed an […]

New study on forced arbitration

The Center for Justice & Democracy has published a report titled “Kicked Out of Court in 2023 – 50 Cases Showing the Real-World Impact of Forced Arbitration.” The introduction explains: Mistreatment by tech giants like TikTok. Automobiles and appliances sold with dangerous defects. Nude photos posted online by medical offices. Farms and crops ruined due […]

Consumer lawyer sanctioned for frivolous Starbucks labeling lawsuit

Attorney Spencer Sheehan brought a class action in the Northern District of New York, arguing that Starbucks’ representation that a specific blend of coffee was “100% Arabica Coffee” was misleading, since it suggested there were no additives, including  potassium.  The district court dismissed the complaint, noting that there was no allegation that there actually was […]