The 1st Circuit Court of Appeal in Boston has revived class action litigation accusing Evenflo Company Inc of misleading consumers about the safety of side impacts and testing of its “Big Kid” vehicle booster seats. The Appeals Court ruled that a lower-court judge was wrong in concluding in January that consumers in the multidistrict litigation lacked standing to sue for damages.
Lieff Cabraser partner Jonathan Selbin, who represents the plaintiffs, noted they were gratified that the court “acted swiftly to revive our claims.” It ruled only two weeks after hearing arguments.
“Too many courts have been using Article III standing as a way to keep consumers who were ripped off from having their day in Court,” Selbin said. “We are happy that our clients will now get theirs.”
The plaintiffs allege Evenflo misled consumers into buying its Big Kid booster seats by claiming they were “side impact tested” and exceeded governmental standards, even though its own tests showed a child could be in danger in such a crash, and that the company failed to inform consumers the seats were dangerous for children who weighed less than 40 pounds.
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Learn more about the Evenflo “Big Kid” Booster Seat Safety Litigation.
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