Tag Archives: breach of warranty

Class Certification Denied in Skinnygirl False-Advertising Case Because Class Representative Didn’t Rely on Label

By Dale J. Giali and Michael Resch on January 28, 2013 Posted in Adequacy, Class Certification, Typicality

Plaintiff Christopher Rapczynski testified that he purchased Skinnygirl Margarita mix “because I love my wife,” she “said she liked it,” and she “has my three children and works very hard.” Those all may be good reasons for a nice Valentine’s Day present, but not for bringing a class action. As the Southern District of New… Continue Reading

Class Action Bar Targets Food Companies for False Advertising Lawsuits, Using Magnuson-Moss Warranty Act to Try to Evade Ninth Circuit’s Mazza Decision

By Dale J. Giali and Kevin Ranlett on August 15, 2012 Posted in Class Action Trends, Motions Practice

The plaintiffs’ bar often uses adventuresome choice-of-law arguments to attempt to grease the skids towards certification of nationwide classes. Earlier this year, in a blockbuster decision, the Ninth Circuit rejected one of plaintiffs’ key arguments in Mazza v. American Honda Motor Co. (pdf), 666 F.3d 581 (9th Cir. 2012). In that case, the plaintiffs had… Continue Reading