Tag: Denny’s

Denny’s Sodium Claims in Illinois Tossed on FRCP 12(b)(6) Motion

As anticipated, the "sodium" claims against Denny’s asserted in federal district court in Illinois have been dismissed on a Federal Rule of Civil Procedure (FRCP) 12(b)(6) motion. A copy of the court’s order is here. As discussed previously in this blog, the Illinois action alleges claims of consumer fraud, breach of implied warranty of merchantability, unjust … Continue Reading

Media Headlines and Food Labels Each Might Be Misleading (Film at 11)

A recent headline in the Huffington Post breathlessly importuned:   "Restaurant Food Has Up to 200% More Calories Than Advertised."  If you only read the headline, you might think this was some important information that might change your eating habits.  If you read the article, you would discover a balanced set of conclusions from a fairly limited study. … Continue Reading

Sodium Putative Class Action Suits to Become Epidemic?

Following the putative class suit filed last month in New Jersey by the Center for Science in the Public Interest (CSPI) against Denny’s, a similar suit was filed in Illinois (apparently CSPI is not directly involved in this action). The Illinois complaint can be found here. Like the New Jersey complaint, the Illinois action alleges … Continue Reading

Ninth Circuit Decision Casts Doubt on Merchantability Claim in CSPI Suit Against Denny’s

The recent case against Denny's brought by the Center for Science in the Public Interest in New Jersey claims that food was inadquately labeled in violation of the implied warranty of merchantability. A recent Ninth Circuit case indicates that this claim should fail because there was no specific contract between the plaintiff and Denny's requiring that food be labeled to plaintiff's satisfaction.… Continue Reading

Facts Alleged in CSPI Sodium Suit Incongruent with Claims Asserted

Thought to be the first putative class action against a restaurant chain related to disclosure of sodium content on menus, Center for Science in the Public Interest (CSPI) has filed what appears to be a test case against Denny’s. Best guess is the case will fail on its merits (though for CSPI, success in litigation may not be the … Continue Reading
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