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Stephen Rutigliano

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So far Stephen Rutigliano has created 3 blog entries.

JUUL: Now in Certified Class Action Flavor

On June 28, 2022, the United States District Court for the Northern District of California certified four separate plaintiff classes in the nationwide JUUL electronic cigarette litigation. Certification of a plaintiff class is necessary for a class action lawsuit to proceed. The lawsuit alleges teen injury, fraud, and RICO violations against JUUL Labs and others, for the allegedly addictive and harmful effects of JUUL’s products.

In opposition to class certification, the JUUL Defendants argued that the proposed class lacked “commonality” because each potential plaintiff made an individual decision to purchase products containing nicotine or other addictive ingredients. […]

By |2022-07-26T11:15:36-04:00July 26th, 2022|Practice Areas: Class Action, General|Topics: , , |

Supreme Court Rules Prejudice Inquiry has no Place in Waiver of Arbitration Contract Provision

On May 23, 2022, the Supreme Court ruled, in a decision that will potentially have wide ranging impact on the arbitration of potential class action disputes, that a party’s right to try to send a case to arbitration after first litigating does not depend on whether the delay prejudiced the other party.  As a result, workers seeking to keep their cases out of arbitration no longer need to show prejudice when fighting a delayed arbitration bid.  They only need to show that the employer waived its right to arbitration by engaging in conduct inconsistent with the […]

Court Deems Reasonable Consumers Not Mislead by Frosted Strawberry Pop-Tarts’ Nutritional Value

On March 31, 2022, the United States District Court for the Southern District of New York ruled that Kellogg’s labeling for its Frosted Strawberry Pop-Tarts is not materially misleading and dismissed a putative class action against the breakfast giant.

To summarize, Plaintiff Kelvin Brown filed a class lawsuit against Kellogg Sales Co. on behalf of the putative class consisting of himself and “all purchasers of [Frosted Strawberry Pop-Tarts] who reside in New York during the applicable statute of limitations.” In the Class Action Complaint, Plaintiff alleged that Kellogg participated in deceptive business practices and false advertising by […]

By |2022-04-22T10:23:41-04:00April 22nd, 2022|Practice Areas: Class Action|Topics: , , , |