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Consumer Products Cases |  | | January 20-26, 2012 FindLaw.com Weekly Consumer Products Newsletter | | You may forward this e-mail in its entirety.
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Consumer Products Cases United States Supreme Court, 01/23/2012
National Meat Association v. Harris, No. 10-224
In a suit by a trade association representing meatpackers and processors to enjoin enforcement of a California statute affecting swine slaughterhouses, judgment of the Ninth Circuit is reversed and the case remanded for entry of an injunction, where the Federal Meat Inspection Act (FMIA) expressly preempts the California statute because the FMIA regulates slaughterhouses� handling and treatment of nonambulatory pigs from the moment of their delivery through the end of the meat production process, and the California statute endeavors to regulate the same thing, at the same time, in the same place, except by imposing different requirements. Read more... United States Third Circuit, 01/20/2012
Khan v. Dell Inc., No. 10-3655
On a motion to compel arbitration brought by a defendant computer manufacturer in a case alleging design defects brought as a putative consumer class action by a purchaser, the district court's judgment denying the motion is vacated and the case remanded, where: 1) the arbitration agreement in the purchase contract did not indicate the parties' unambiguous intent not to arbitrate their disputes if the named arbitrator was unavailable; and 2) Section 5 of the Federal Arbitration Act requires a court to address such unavailability by appointing a substitute arbitrator. Read more... United States Third Circuit, 01/24/2012
Long v. Tommy Hilfiger U.S.A. Inc., No. 11-1554
In a putative class action against a men's clothing retailer alleging that its printing of �EXPIRY: 04/� on a credit card receipt willfully violated the Fair and Accurate Credit Transactions Act (FACTA)'s prohibition against printing the expiration date of the a credit card upon any receipt provided to the cardholder at the point of the sale, the district court's grant of the defendant's motion to dismiss is affirmed, where: 1) FACTA prohibits a merchant from printing expiration date information on a receipt provided to the consumer, even if the year is redacted; but 2) the defendant's interpretation of FACTA, although erroneous, was at least objectively reasonable, and thus there was no "willful" violation that could support a claim. Read more...
California Court of Appeal, 01/25/2012
Klein v. Chevron U.S.A., Inc., No. B219113
In a class action complaint predicated on the defendant's practice of purchasing wholesale motor fuel in gallon units at a standardized temperature of 60 degrees Fahrenheit, but selling motor fuel to California consumers at an average temperature of approximately 70 degrees, the trial court's order granting the defendant's motion for judgment on the pleadings is reversed, and its order sustaining the defendant's demurrer to the plaintiffs' claims for breach of contract, unjust enrichment and unlawful business practices under the Unfair Competition Law (UCL) is affirmed in part and reversed in part, where: 1) the trial court erred in dismissing the plaintiffs' UCL and Consumer Legal Remedies Act (CLRA) claims pursuant to the judicial abstention doctrine; 2) the plaintiffs had standing to assert, and the complaint stated a cause of action for, violation of the UCL and CLRA; 3) the plaintiffs failed to state a claim for breach of contract; and 4) the trial court did not err in sustaining the defendant�s demurrer to the plaintiffs' unjust enrichment claim. Read more...
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