Walmart’s Fudge Mint Class Action Permanently Dismissed

On August 23, an Illinois federal judge dismissed a putative class action lawsuit against Walmart over its fudge mint cookies (subscription to Law360 required). The plaintiff Eugene DeMaso claimed that the product label was misleading because the cookies did not contain fudge made from dairy fats or actual mint leaves. However, U.S. District Judge Charles R. Norgle held that the label was not misleading because no consumer expects the fudge to be made with dairy fats, or […]

By | August 9th, 2022 ||

California Trial Courts Continue To Interpret Johnson v. Maxim Healthcare Narrowly When Applying PAGA’s One-Year Statute Of Limitations

Last year, the California Court of Appeal raised eyebrows by ruling that a plaintiff could pursue a Private Attorneys General Act (PAGA) claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim had run. Johnson v. Maxim Healthcare Servs., Inc., 66 Cal. App. 5th 924 (2021). Some plaintiffs’ lawyers argued that this ruling meant that any employee who ever experienced a Labor Code violation could bring […]

By | August 7th, 2022 ||

Dr. Oz Suit Shows Not All Class Actions Result In Millions Of Dollars

There is a public perception that class actions result in multimillion-dollar liability for the defendants. The recent settlement of Woodard v. Labrada, a case in which TV’s Dr. Mehmet Oz was originally named as a defendant, shows that is not always the case. The suit alleged misrepresentations regarding certain weight-loss supplements manufactured by Labrada Bodybuilding Nutrition, Inc., which the plaintiffs claimed Dr. Oz received compensation to promote on his TV show. After six years of […]

By | August 4th, 2022 ||