Media Coverage
Source: Law360
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
03.31.17
On Friday, U.S. District Judge Robert Dow Jr. rejected a motion that would certify a class of multidistrict homeowner plaintiffs in a case against Pillsbury client Fluidmaster Inc., reports Law360.
The plaintiffs, who would have numbered in the millions if the class had been certified, alleged that California’s Consumer Legal Remedies Act (CLRA) was violated on a national scale by Fluidmaster. The motion claimed that Fluidmaster was liable for negligence in 11 states and breach of warranty in six.
In his ruling, Judge Dow wrote that plaintiffs injured outside of California cannot apply CLRA since they did not present enough evidence to overcome the presumption that the laws of a class member’s home state should apply. He also ruled that applying CLRA nationally would limit the “rights and interests of other states to apply their own consumer protection laws.”
Fluidmaster is represented by Los Angeles Intellectual Property Litigation partners Mark Litvack, Kimberly Buffington, Carolyn Toto and Mariah Brandt and associate Sarkis Khachatryan.
Read more about Judge Dow’s decision on Law360 (subscription required).