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David Ferrera Quoted on Child Car Seat Class Action Dismissal in Massachusetts Lawyers Weekly

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David Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, commented on a U.S. District Court judge ruling that purchasers of a certain children’s booster seat who alleged past economic harm alone lacked standing to proceed with a class action claiming that the manufacturer made false and misleading statements about the product’s safety in Massachusetts Lawyers Weekly. In the article, “Child car seat class action dismissed,” David said, “In Twombly/Iqbal, the Supreme Court said it’s more than just notice pleading; you have to put some meat on the allegations.” He added, “[The plaintiffs] made a lot of claims about testing, but they didn’t say with specificity what they could have done alternatively — that they could have bought another seat or the [Evenflo] seat would have cost $100 less [but for the company’s safety claims]. That’s where the plaintiffs fell down.”

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