Fruit of the poisonous tree… How far down do GMO roots extend?

May 10, 2016

Food Navigator-USA

‘Fat-free,’ ‘non-dairy,’ ‘all-natural’, ‘sugar-free’, ‘gluten-free’ . . . are all in recent history’s hit parade of terms perceived by many…

Defending ‘Non-GMO’ Consumer Fraud Class Actions

May 9, 2016


In recent years, food manufacturers have witnessed an extraordinary uptick in consumer fraud class actions over use of the term…

NJCFA: Will This Finally Be The Year For Change?

November 4, 2015

The Barrister
By Kristen E. Polovoy

New Jersey’s Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (“NJCFA”), is among our country’s most aggressive. Cooper v. Samsung, 374…

“What I Did On My Summer Vacation” … as written by the NJCFA

September 1, 2015

The Barrister
By Kristen E. Polovoy

New York is the city that never sleeps, but our Consumer Fraud Act is the statute that never takes a…

‘Vermont, Naturally’ – The Irony For Food Manufacturers

May 15, 2015

Food Manufacturing
By Kristen E. Polovoy

On May 8, 2014, Vermont approved Act 120 – becoming the first state to require that foods with genetically engineered…

(Pro)portion Control of Discovery in 2015

March 8, 2015

The Barrister
By Kristen E. Polovoy

“Portion control” is often a popular topic as each new year commences, with folks resolving to eat healthier, lose weight…

The Cupcake Bill: How Sweet Is It?

October 28, 2014

In response to the shutdown of an un-licensed 12-year-old’s $200/month sales of home-baked goods to help out local fundraisers, Illinois…

Integrity Staffing Solutions v. Busk surfaces issues that may affect many employers’ security practices

October 9, 2014

The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer…

Tips For Restaurants (And Counsel) In A Gluten-Free World

August 22, 2014


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Can Defendants in a Securities Fraud Case Still Attempt to Defeat Class Certification by Presenting Evidence to Rebut a Presumption of Reliance?

April 18, 2013

The Supreme Court’s recent decision in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. ___, 133 S….

Product Labeling, Reason for New Litigation Tsunami

January 14, 2013

Kristen Polovoy, Julie Chelius and Michael Hayes presented a CLE that focused on strategies for preparing and defending consumer class…

Consumer Fraud Product Labeling, Subject of Legal Webinar CLE

December 5, 2012

  Kristen Polovoy and Julie Chelius, featured speakers Kristen E. Polovoy and Julie H. Chelius, attorneys with Montgomery McCracken Walker…

Big food industry, taking over where tobacco left off

November 9, 2012

Advertising and labeling claims set the stage for uptick in class actions Kristen E. Polovoy and Michael Hayes, attorneys with…

Pennsylvania Supreme Court Reinstates Decertification of “Rapid Refund” Claims, Citing “The Inherently Discrete and Subjective Aspects of Marketing and Customer-Relations Impact”

October 4, 2012

On September 7, 2012, the Pennsylvania Supreme Court effectively ended a 19-year effort to litigate state-law claims arising from H…

Third Circuit Vacates Certification in Class Action Involving Defective Tires

August 14, 2012

Last week, the United States Court of Appeals for the Third Circuit issued an important decision clarifying the proof needed…

Third Circuit Rejects Division of Settlement Class Into Two Groups Because Group Receiving Lesser Benefits Not Adequately Represented

June 13, 2012

On May 31, 2012, the Third Circuit reversed the certification of a settlement class of Volkswagen and Audi owners because…

New Jersey Federal Court Denies Class Certification in Cracked Screen Case

April 11, 2012

Last month, New Jersey federal Judge Anne Thompson denied class certification in a proposed class action lawsuit involving cracked screens…

Third Circuit Affirms Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 3, 2012

Last week, the U.S. Court of Appeals for the Third Circuit issued an important decision making clear that a defendant…

Proposed Amendments to New Jersey’s Consumer Fraud Act Could Rein In Class Actions Against New Jersey Businesses

August 17, 2011

As many courts have recognized, New Jersey’s Consumer Fraud Act, N.J.S.A. 56:8-1, et seq. (“NJCFA”), is one of the strongest…

Montgomery McCracken Secures Dismissal of Class Action for Printing Expiration Month on Credit Card Receipts

February 22, 2011

Rejecting a claim that printing a credit card’s month of expiration-but not the year-on a sales receipt violates federal law,…

Third Circuit Rejects Settlement Class Certification Because District Court Conducted an Unnecessary Merits Inquiry in Addressing the Adequacy of the Named Plaintiffs

December 16, 2010

The Third Circuit’s landmark decision in In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3d Cir. 2008), put that…

Third Circuit Rejects “Fraud Created The Market” As Basis For Class Certification

November 1, 2010

In a case of first impression for the Court, the Third Circuit has rejected the so-called “fraud-created-the-market” theory as a…

En Banc Third Circuit to Review Challenge to Nationwide

October 6, 2010

The Third Circuit has granted rehearing en banc in a case that could clarify the standards for certifying settlement classes…

Third Circuit Vacates Nationwide Settlement Class of Indirect Purchasers Due to Varying State Laws

August 5, 2010

A recent Third Circuit decision will make it harder for plaintiffs to get a nationwide class certified for claims under…