Oral Argument before the United States Court of Appeals for the Ninth Circuit
Hawkins v. The Kroger Co., Ninth Cir. Case No. 16-55532, argued December 7, 2017 - The firm represented consumers who purchased bread crumbs that contained trans fat, but advertised that they contained "0g Trans Fat." In its October 4, 2018 published opinion, the Ninth Circuit reversed the district court, finding that the front label was subject to different regulations than the nutrition label. Therefore, statements about fat on the front label were required to be truthful and not misleading, and statements about trans fat did not fall under any of the enumerated exceptions under that rule.
Lambert v. Nutraceutical Corp. (In re Cobra Sexual Energy Sales Practices Litigation), Ninth Cir. Case No. 15-56423, argued March 9, 2017 - The firm is Class Counsel in an action alleging Defendant fraudulently markets a purported male sexual enhancement supplement as a safe and effective aphrodisiac. After Plaintiff obtained an order granting class certification, Defendant successfully moved to decertify the class. Plaintiff successfully petitioned to appeal the order decertifying the class pursuant to Federal Rule of Civil Procedure 23(f). On September 15, 2017, the Ninth Circuit issued an order reversing the decertification.
Sandoval v. PharmaCare U.S., Inc., No. 3:15-cv-738-H-JLB; No. 16-56301 (9th Cir.)/Kanfer v. PharmaCare U.S., Inc., No. 3:15-cv-120-H-JLB; No. 16-56710 (9th Cir.), argued February 6, 2018 - The firm represented Plaintiffs in two related actions alleging Defendant fraudulently markets a purported male sexual enhancement supplement as a safe and effective aphrodisiac. After the district court issued orders granting summary judgment in favor of Defendants in each of the actions, Plaintiffs appealed. On May 31, 2018, the Ninth Circuit issued an order reversing the district court’s summary judgment rulings and remanded the case for further proceedings.