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SDNY Blog

A Steptoe blog about civil litigation in the Southern District of New York

Judge Briccetti

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Judge Briccetti Allows Man Who Swallowed a “Brittle Mass” in a Coke Can to Sue Coke on “Res Ipsa Loquitur” Theory

By Charles Michael on November 19, 2015

Judge Briccettii yesterday denied Coke’s summary judgment motion in a case brought by a plaintiff who claims to have been injured by swallowing a “dried, brittle mass” found in a Coke can.  He found that the plaintiff could prove his case under a res ipsa loquitur (the thing speaks for itself) theory:

Here, there is

…

Judge Briccetti Rules that Activia Yogurt is Yogurt, Dismisses Class Action

By Charles Michael on May 9, 2013

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Continue Reading Judge Briccetti Rules that Activia Yogurt is Yogurt, Dismisses Class Action

Judge Carter Joins Trend of Requiring “Amend-Now-Or-Never” Motion to Dismiss Procedure

By Charles Michael on March 1, 2013

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Continue Reading Judge Carter Joins Trend of Requiring “Amend-Now-Or-Never” Motion to Dismiss Procedure

Class Action Alleges Dannon “Activia” Yogurt Is Not Actually Yogurt Because It Is Made With “Filler Products”

By Charles Michael on September 13, 2012

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Continue Reading Class Action Alleges Dannon “Activia” Yogurt Is Not Actually Yogurt Because It Is Made With “Filler Products”

About this Blog

The SDNY Blog covers civil litigation and trial practice in the US District Court for the Southern District of New York.

Photo of Charles MichaelCharles MichaelPartner

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal…

Charles Michael is an accomplished commercial litigator who resolutely defends clients in high stakes disputes and arbitrations. He is also experienced in regulatory and criminal investigations, and represents clients under investigation by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC), and the Department of Justice (DOJ).

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Photo of Jason MeadeJason MeadeAssociate

Jason Meade focuses his practice on commercial litigation. He has represented public corporations and financial institutions in complex civil disputes in state and federal courts…

Jason Meade focuses his practice on commercial litigation. He has represented public corporations and financial institutions in complex civil disputes in state and federal courts, and in government and internal investigations.

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Photo of Meghan NewcomerMeghan NewcomerASSOCIATE

Meghan Newcomer focuses her practice on white-collar criminal defense, securities litigation, complex civil litigation, and government and internal investigations. Meghan has substantial experience defending individuals…

Meghan Newcomer focuses her practice on white-collar criminal defense, securities litigation, complex civil litigation, and government and internal investigations. Meghan has substantial experience defending individuals in white-collar criminal matters and has assisted with multiple trials in federal court.

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