Tag Archives: gtlaw

EPA: Research Shows Herbicide Glyphosate Unlikely to Cause Cancer

Introduction The Environmental Protection Agency (EPA) recently concluded that the available data at this time suggest that the herbicide, glyphosate, is “not likely to be carcinogenic to humans.” The EPA’s Office of Pesticide Programs (OPP) undertook the glyphosate study as part of its periodic review of pesticides registered under the Federal Insecticide, Fungicide and Rodenticide … Continue Reading

Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?

“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since the US Court of Appeals for the Third Circuit refused to certify a class due to difficulties in objectively and efficiently identifying class members in … Continue Reading

FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements

On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the Supplement Facts panel on the labels of dietary supplements.  The final regulations were published in the Federal Register on May 27, 2016.  The final  version  … Continue Reading

Glyphosate Litigation Primer

Introduction Plaintiffs’ lawyers in several states are investigating cases of non-Hodgkin lymphoma and other forms of cancer in individuals exposed to the widely used herbicide glyphosate. These investigations follow on the heels of a 2015 report by a working group at the International Agency for Research on Cancer (IARC), which concludes that glyphosate is probably … Continue Reading

Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.

Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision.’’ In Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (2013) the … Continue Reading

The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally

On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to declare the settlement legally binding on all shareholders under the 2005 Dutch Act on Collective Settlement of Mass Claims (the WCAM).[1] Recently, the settlement was brought … Continue Reading

BPA Regulation Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016

Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the Proposition 65 list on May 11, 2015, as a chemical known to cause reproductive toxicity.  Effective May 11, 2016, private enforcers may bring lawsuits to … Continue Reading

Greenberg Traurig Food & Beverage Attorneys to Speak at Natural Products Expo West

Global law firm Greenberg Traurig, LLP shareholders Robert J. Herrington, Justin J. Prochnow, and Rick L. Shackelford will participate in this year’s Natural Products Expo West convention, held Wednesday, March 9, to Sunday, March 13, 2016, at the Anaheim Convention Center. This event is the world’s largest natural, organic, and healthy products expo. Greenberg Traurig’s … Continue Reading

CPSC Modifies GCC Requirements

On Feb. 25, 2016, the U.S. Consumer Product Safety Commission (CPSC) voted unanimously to modify its requirement that companies issue general conformity certificates (GCC) for all adult clothing. The CPSC previously required that manufacturers or importers of record issue GCC’s certifying that  adult clothing met flammability requirements under the Flammable Fabrics Act, even where the … Continue Reading

Campbell-Ewald v. Gomez: Unaccepted Offers of Judgment Do Not ‘Moot’ a Claim, But Ruling Leaves Door Open For Offers Accompanied by Tender

Last week, the Supreme Court issued its much anticipated decision in Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). In a 6-3 opinion, Justice Ginsburg, writing for the majority, held that an unaccepted Rule 68 offer of judgment does not “moot” a claim because “[u]nder basic principles of contract law,” an offer without acceptance is a … Continue Reading

Transparency in Supply Chains Acts in the United Kingdom and California

Since 2010, California has required that certain companies provide information regarding their efforts to eradicate slavery and human trafficking from supply chains. Similar legislation is now popping up across the pond with the United Kingdom recently passing a law that calls for the reporting of steps taken to prevent slavery and human trafficking from entering … Continue Reading

Ohio Supreme Court Rules Class Cannot be Certified Without Actual Damages Under Ohio’s Consumer Sales Practice Act

In a ruling yesterday in Felix v. Ganley Chevrolet, Inc., No. 2013-1746, 2015 WL 5039233 (Aug. 27, 2015), the Ohio Supreme Court held that a class action cannot be certified where the plaintiff cannot demonstrate, through common evidence, that all putative class members incurred damages resulting from the defendant’s alleged conduct. For claims under Ohio’s … Continue Reading

Rob Herrington to Speak at Bridgeport’s 2015 Class Action Litigation & Management Conference

Rob Herrington, co-chair of Greenberg Traurig’s National Products Liability and Mass Torts Practice, will be a featured faculty member at Bridgeport Continuing Education’s upcoming 2015 Class Action Litigation & Management Conference.  This two-day event will be held April 16-17, at the Millennium Biltmore Hotel, located at 506 S. Grand Avenue, Los Angeles, Calif. 90071.  The … Continue Reading

Greenberg Traurig to Present at Natural Products Expo West

On Saturday, March 7, 2015, at 10:30 a.m., a panel of Greenberg Traurig attorneys, moderated by Denver Shareholder Justin Prochnow, will present on the topic “Labeling Litigation: Strategies for Marketing Products While Avoiding the Courtroom,” at this widely attended conference. Natural Products Expo West continues to be the leading trade show in the natural, organic and … Continue Reading

Greenberg Traurig Sponsors Charging Kiosk at DRI’s Product Liability Conference; Evan C. Holden to Speak

DRI’s Product Liability Conference is the premier product liability education conference of the year. Each year in-house counsel and prominent trial attorneys flock to the conference to speak and network with fellow practitioners. Held from Wednesday to Friday, Feb. 4-6, 2015, the conference provides registrants the opportunity to attend multiple seminars, panel discussions, and networking … Continue Reading

A Blast from the Past: Price Advertising Claims Make a Comeback – As Class Actions

Greenberg Traurig Attorneys Irving Scher and Ed Chansky authored an GT Alert, “Price Advertising Claims Make a Comeback – As Class Actions” The minimal regulatory enforcement in recent years may have led some retailers to let down their guard in complying with some of the more stringent state regulatory requirements dealing with price advertising. However, FTC … Continue Reading
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