Friday, February 29, 2008

Carnival Of Buffoonery

A very smart rule of thumb for consumer class actions: unless the facts make you say (preferably out loud) that’s unconscionable, it’s probably not a case that’s worth a whole lot.


Remember a couple of years ago when Listerine said that it was “as effective as floss.” Pretty silly, right? Not as silly as filing a class action lawsuit and claiming that the ad campaign duped you. Those are the facts in Kwaak v. Pfizer, Inc., Appeals Court No. 07-P-317. The issue in the case relates to whether the plaintiffs should be entitled to proceed with a class action, rather than pursuing their claims individually. The Court held that they’d have to do it individually.

The plaintiffs’ lawyer does have a blog, which is interesting.

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