On Monday, Judge Karas granted in part and denied in part the parties’ cross-motions for summary judgment of a Section 1983 claim by Santander against the City of Yonkers, relating to the impounding and subsequent sale of a vehicle on which Santander held a lien. In a footnote, the court noted that defendants failed to submit a 56.1 statement in support of their motion for summary judgment and that their 56.1 counterstatement had numerous deficiencies. The court declined to deny summary judgment on these grounds, but broadly discredited defendants’ denials and cautioned the parties against ignoring compliance with local rules.Continue Reading Judge Karas: Compliance with Local Rules “Not a Matter to be Taken Lightly”
Judge Karas
Judge Karas Refuses to Dismiss Dog Owner’s Claim to Have Been Duped Over Bacon Content of “Beggin’ Strips”
By Michael Keough on
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”