On Wednesday, January 3, 2023, The 1st Circuit Court of Appeal in Boston declined to rehear its November 23rd decision reviving the multidistrict litigation accusing Evenflo Company Inc of misleading consumers about the safety of its “Big Kid” vehicle booster seats. As reported by The Recorder, the decision affirming plaintiffs’ case comes after Evenflo petitioned for rehearing in December, arguing that the First Circuit’s decision created “a split of authority” on the issue of Article III standing.

Lieff Cabraser partner Jonathan Selbin, who represents the plaintiffs, noted they were gratified—and unsurprised—that the First Circuit denied rehearing. “The panel opinion is well within the main in holding that false advertising claims like ours here readily satisfy Article III. I expect we will get remanded shortly and move forward quickly,” Selbin noted.

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.

Read the full story on The Recorder’s website.

Learn more about the Evenflo “Big Kid” Booster Seat Safety Litigation.

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