Legal Opinion

In Re Johnson & Johnson Talcum Powder Prods. Mktg., Sales Practices & Liab. Litig.

Court of Appeals for the Third Circuit

Decided September 6, 2018No. 17-2980PublishedCited by 126 opinions

1Opinion of the Court

SMITH, Chief Judge.

The question presented in this appeal from a dismissal of a class action is both narrow and novel: Has a plaintiff-who has entirely consumed a product that has functioned for her as expected-suffered an economic injury solely because she now sincerely wishes that she had not purchased that product? We hold that such a plaintiff has not suffered an economic injury *281sufficient to bring a claim in federal court. More succinctly, buyer's remorse, without more, is not a cognizable injury under Article III of the United States Constitution.

A plaintiff alleging an economic injury…

2Cases cited27 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  4. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  5. Sierra Club v. MortonSupreme Court of the United States · 1972

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3Cited by126 opinions

  1. Brian Flynn v. FCA US LLCCourt of Appeals for the Seventh Circuit · 2022
  2. Vickie Thorne v. Pep Boys Manny Moe & JackCourt of Appeals for the Third Circuit · 2020
  3. Joshua Debernardis v. IQ Formulations, LLCCourt of Appeals for the Eleventh Circuit · 2019
  4. Jacquelyn McGee v. S-L Snacks National, LLCCourt of Appeals for the Ninth Circuit · 2020
  5. Beth Bowen v. Energizer Holdings, Inc.Court of Appeals for the Ninth Circuit · 2024

121 more not listed; retrieve them via the Exa API.

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