In an opinion Friday, Judge Oetken refused to dismiss a putative class action brought by Applebee’s patrons who allege that the tabletop computer tablets at the Broadway and Times Square locations force customers to leave a minimum tip of either 15% or 18%, and thereby deceive customers into believing tipping is mandatory, in violation of New York’s consumer protection laws.

The defendants argued (among other things) that the social norm of leaving a tip was grounds to dismiss the case, but Judge Oetken disagreed:
Continue Reading Judge Oetken Refuses to Dismiss Complaint Alleging that Applebee’s Tabletop Tablets Force Patrons to Tip

In an opinion yesterday, Judge Caproni warned Christopher Bandas, an attorney who serially files class action objections, about his apparent practice of attempting to use local counsel as a shield against sanctions, though she ultimately declined to sanction Mr. Bandas:

Bandas’ failure to provide any legitimate support for [the class objection] would be enough to

This week, Judge Seibel dismissed a putative class action against the makers of Muscle Milk and other protein powder products.  The plaintiff alleged that the products were mislabeled under the Food, Drug, and Cosmetic Act, as they contained unnecessary empty space (or “slack fill”) that represented up to 30% of the container’s volume.

Judge Seibel found that these allegations alone – without further factual support – were not sufficient to survive a motion to dismiss:
Continue Reading Judge Seibel Dismisses Class Action Alleging Too Much Empty Space in Muscle Milk Containers

This week, Mondelez Global moved to dismiss a putative class action led by a consumer who allegedly bought an under-filled container of Sour Patch Kids candy from a movie theater in Manhattan.  The complaint alleges that the candy’s labeling is misleading, as consumers purchased far less candy than they believed due to large amounts of empty space in the packaging known as “slack-fill”:

16 Civ. 04697 MTD Pic 1Continue Reading Makers of Sour Patch Kids Move to Dismiss Case Over Allegedly Under-Filled Boxes

Last week, Judge Karas denied in part a motion to dismiss a putative class action against Nestle Purina, maker of the “Beggin’ Strips” line of dog treats.  The suit, on behalf of New York consumers who purchased the treats, alleged that Nestle Purina’s advertisements created the impression that bacon was a key ingredient in the treats, while in reality in was only a minor ingredient.  Judge Karas declined to dismiss the case as a matter of law at this stage, as he could not say as a matter of law that no reasonable consumer would believe that the treats were “predominantly made out of real pork bacon” based on the allegations in the complaint.
Continue Reading Judge Karas Refuses to Dismiss Dog Owner’s Claim to Have Been Duped Over Bacon Content of “Beggin’ Strips”

Last week, Judge Rakoff held that a class action of transgender individuals challenging the coverage of gender dysphoria treatments under New York’s Medicaid program will proceed to trial.  Specifically, the class challenged the New York Department of Health (“DOH”)’s exclusion of coverage for gender reassignment and hormone therapy for individuals under 18, and a blanket ban on “cosmetic” procedures (even if deemed medically necessary).
Continue Reading Gender Dysphoria Class Action Will Proceed to Trial Before Judge Rakoff