Hueston Hennigan Obtains U.S. Supreme Court Review In Class Action Appeal

After the district court granted Nutraceutical’s motion to decertify Plaintiff Troy Lambert’s class action suit, the Ninth Circuit reversed, in an opinion that excused Plaintiff’s failure to timely file his petition for permission to appeal within the mandatory 14-day window set forth in Federal Rules of Appellate Procedure 23(f).  In its opinion, the Ninth Circuit acknowledged that its decision to excuse Plaintiff’s failure to timely file conflicted with decisions of the other United States Circuit Courts of Appeals that have considered the issue (including the Second, Third, Fourth, Fifth, Seventh, Tenth, and Eleventh).

Nutraceutical Corp. is represented by John C. Hueston, Steven N. Feldman and Joe Reiter of Hueston Hennigan LLP.

The case is captioned Nutraceutical Corp. v. Lambert, Dkt. No. 17-1094.

 

 

Allergan Defeats CoolSculpting Class Action

Granting the motion to dismiss, U.S. District Judge Dolly M. Gee held that Plaintiffs had failed to show why Zeltiq’s claims would mislead consumers, and adopted Zeltiq’s argument that Ninth Circuit law did not require the company to make any additional, affirmative disclosures.

“This is an important ruling, particularly for medical device manufacturers,” said attorney Steven Feldman, who represented Zeltiq.  “We are pleased that the Court adopted our arguments on the case law, and granted dismissal of this putative class action at the pleadings stage.”

Zeltiq was represented by John Hueston, Doug Dixon, Steve Feldman and Matthew Kaiser

Media

Law360