Photo of Trent Taylor

Trent is co-chair of the firm’s Consumer Products & Retail industry team. He focuses on defending complex class actions with an emphasis on product class actions, public and private nuisance litigation, environmental contamination suits, and food, cosmetic, and supplement labeling (including CBD) and safety issues.

In Lowery v. Rhapsody International, Inc., —F.4th—, 2023 WL 3857499 (June 7, 2023), the Ninth Circuit Court of Appeals recently reversed an award of attorneys’ fees to class counsel that was more than thirty times the amount the class members received.Continue Reading Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members

The issue of whether the “standing approach” or “class certification approach” is applicable continues to remain an open issue in the Fifth Circuit.  In Angell v. Geico Advantage Ins. Co., the Fifth Circuit declined to decide the issue because it ruled that Plaintiffs had satisfied both approaches. Continue Reading Fifth Circuit Holds Off On Deciding Approach To Class Standing Analysis

The Eighth Circuit recently held that a district court “applied the wrong legal standard” when it remanded a case after removal under the Class Action Fairness Act (“CAFA”).  In Leflar v. Target Corp.,[1] the district court held that “all doubts about federal jurisdiction” must be in favor of remand.  While this presumption may apply to “mine-run diversity cases,” the Eighth Circuit reinforced that no anti-removal presumption applies under CAFA.Continue Reading Eighth Circuit Confirms That No Anti-Removal Presumption Applies under CAFA

On November 30, 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s finding that a settlement was not a coupon settlement when applying the three factors outlined in In re Online DVD-Rental Antitrust Litig., 779 F.3d 934, 950 (9th Cir. 2015).Continue Reading Ninth Circuit Renders Section 1712 of CAFA Inapplicable to a Class Action Settlement

On October 7, 2022, the U.S. Court of Appeals for the Fifth Circuit denied a purported class representative’s attempt to intervene in a class action. The class representative had argued that his interests were not adequately represented.Continue Reading U.S. Court of Appeals’ Continued Skepticism Over Putative Class Member Motions to Intervene

In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information in credit reports.  In issuing the decision, the court is one of the first Circuit Courts to squarely address the scope of what constitutes an “informational injury” in the wake of the Supreme Court’s recent decision in Transunion LLC  v. Ramirez, 141 S. Ct. 2190 (2021).
Continue Reading Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

A recent lawsuit alleges that Skittles consumers “are at heightened risk of a host of health effects” because Skittles uses titanium dioxide (TiO2).  TiO2 is considered an inert and safe material, and for decades has been used in a range of consumer products including house paint, ceramics, paper, and printing inks.  In fact, you can