This case was last updated from PACER on 05/30/2021 at 08:04:05 (UTC).

MAIORINO v. BAYER CORPORATION et al

Case Summary

On March 31, 2021, Thomas Maiorino (“Plaintiff), individually and on behalf of all others similarly situated, represented by Patrick Howard of Saltz Mongeluzzi Barrett & Bendesky, P.C. filed a product liability lawsuit against Bayer Corporation, & Elanco Animal Health Inc. (collectively, “Defendants”), seeking compensatory and statutory damages with both pre-and post-judgment interest on amounts awarded for developing a product causing reactions and sensitivity in the owner’s pet. This case was filed in the U.S. District Court for the District of New Jersey with Judges Susan D. Wigenton and Leda D. Wettre presiding.

The Plaintiff brings all claims as class claims pursuant to Fed. R. Civ. P. 23, individually and on behalf of all persons in the State of New Jersey who purchased a Seresto Flea and Tick Collar between March 31, 2015, and the date of class certification. Excluded from the Class are Defendants’ officers.

In its complaint, the Plaintiff alleged that, “Defendants, Bayer Corporation and Elanco Animal Health, Inc., developed, tested, designed, manufactured, marketed and sold Seresto Flea and Tick Pet Collars (“Seresto Collars”), which they claimed rarely caused reactions and sensitivities in the owner’s pet. In 2021, it was publicly reported that, despite these representations, the Environmental Protection Agency (“EPA”) has received nearly 1,700 reported pet deaths associated with the Seresto Collars and, alarmingly, more than 75,000 adverse incident reports, with more than 10,000 classified as major or moderate incidents. Seresto Collars use a combination of pesticides that are known to be harmful to human beings if ingested as they could adversely impact the nervous system.”

The Plaintiff further alleged that, “the Defendants falsely, misleadingly, and deceptively failed to disclose the dangers associated with the pesticides used in the Seresto Collars. Despite its packaging claims that “sensitivities” and “reactions” are “rare,” since Seresto Collars were introduced, the EPA has received incident reports of at least 1,698 related pet deaths. Overall, through June 2020, the agency has received more than 75,000 incident reports related to the collars, including nearly 1,000 involving human harm”.

There are six claims for relief laid down by the Plaintiff. The first claim is regarding New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-2, because Defendants have allegedly engaged in deceptive, unconscionable, unlawful, unfair, fraudulent and misleading omissions of material fact in connection with the marketing, promotion, and sale of Seresto Collars. The second claim is for alleged violations of the New Jersey Truth-In-Consumer Contract, Warranty, And Notice Act (“Tccwna”) N.J.S.A. § 56:12-15 because Defendants allegedly violated the TCCWNA with respect to Plaintiff and the putative Class by inducing Plaintiff and the members of the Putative Class to purchase Seresto Collars by using tactics that allegedly violated the New Jersey Consumer Fraud Act, as alleged in Count I. The third claim is regarding alleged breach of express warranty. The fourth claim is for alleged breach of implied warranty of merchantability N.J.S.A § 12A:2A-212. The fifth claim is for alleged fraudulent concealment. The sixth claim is for alleged unjust enrichment by Defendants.

In its prayer for relief, the Plaintiff has requested the court to award Plaintiff and the Class all available compensatory and statutory damages, trebled, award both pre-and post-judgment interest on amounts awarded, award Plaintiff and the Class their costs of suit and reasonable attorneys’ fees, and award such other or further relief as the Court may deem appropriate, just, and equitable.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.





Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-07579

  • Filing Date:

    03/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

Judge Details

Presiding Judge

Susan D. Wigenton

Referral Judge

Leda D. Wettre

 

Party Details

Plaintiff

THOMAS MAIORINO

Defendants

ELANCO ANIMAL HEALTH INC.

BAYER CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

PATRICK HOWARD

Attorney at SALTZ MONGELUZZI BARRETT & BENDESKY, P.C.

One Liberty Place, 52Nd Floor, 1650 Market Street

Philadelphia, PA 19103

SIMON BAHNE PARIS

Attorney at SALTZ, MONGELUZZI, BARRETT & BENDESKY, PC

One Liberty Place, 1650 Market Street, 52Nd Floor

Philadelphia, PA 19103

Defendant Attorneys

JOSEPH H. BLUM

Attorney at Shook, Hardy & Bacon, L.L.P.

Two Commerce Square, 2001 Market Street, Suite 3000

Philadelphia, PA 19103

THOMAS J. SULLIVAN

Attorney at SHOOK, HARDY & BACON, L.L.P.

Two Commerce Square Building, 2001 Market St, Suite 3000

Philadelphia, PA 19103

 

Court Documents

#26

#25

#24

14 #5

Text of Proposed Order

14 #4

Certificate of Service

14 #3

Exhibit A - Certificate of Good Standing

14 #2

Certification of David A. Goodwin, Esq. in Support of Application for Admission

14 #1

Certification of Patrick Howard in Support of Application to Admit David A. Good

#14

5 #5

Text of Proposed Order

5 #4

Certificate of Service

5 #3

Exhibit A - Certificate of Good Standing

5 #1

Certification Certification of Patrick Howard in Support of Application to Admit

#5

#4

#3

#2

#1

36 More Documents Available
View All Documents

 

Docket Entries

  • 05/26/2021
  • DocketPro Hac Vice counsel, DAVID A. GOODWIN, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jc, ) (Entered: 05/26/2021)

    Read MoreRead Less
  • 05/25/2021
  • View Court Documents
  • Docket(#26) Notice of Request by Pro Hac Vice David A. Goodwin to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-12492929.) (HOWARD, PATRICK) (Entered: 05/25/2021)

    Read MoreRead Less
  • 05/25/2021
  • View Court Documents
  • Docket(#25) ORDER granting #14 Plaintiffs' Motion for Leave to Appear Pro Hac Vice as to David A. Goodwin, etc. Signed by Magistrate Judge Leda D. Wettre on 5/25/21. (jc, ) (Entered: 05/25/2021)

    Read MoreRead Less
  • 05/24/2021
  • View Court Documents
  • Docket(#24) ORDER granting #23 Defendants' Letter Request for Case No. 2:21-cv-11114-CCC-JSA to be reassigned to Judge Wigenton as related to Case No. 2:21-cv-7579-SDW-LDW. Signed by Judge Susan D. Wigenton on 5/24/21. (jc, ) (Entered: 05/24/2021)

    Read MoreRead Less
  • 05/21/2021
  • View Court Documents
  • Docket(#23) Letter from Thomas J. Sullivan. (SULLIVAN, THOMAS) (Entered: 05/21/2021)

    Read MoreRead Less
  • 05/17/2021
  • View Court Documents
  • Docket(#22) ORDER granting #21 Defendants' Unopposed Letter Motion. This case is stayed, pending resolution of the MDL petition currently pending before the JPML, and the deadline for Defendants to answer Plaintiff's Complaint is striken until further order of the Court. Signed by Magistrate Judge Leda D. Wettre on 5/17/21. (jc, ) (Entered: 05/17/2021)

    Read MoreRead Less
  • 05/13/2021
  • View Court Documents
  • Docket(#21) MOTION to Stay (Unopposed) by BAYER CORPORATION, ELANCO ANIMAL HEALTH INC.. (Attachments: #1 Text of Proposed Order)(SULLIVAN, THOMAS) (Entered: 05/13/2021)

    Read MoreRead Less
  • 05/11/2021
  • View Court Documents
  • Docket(#20) NOTICE of Appearance by JOSEPH H. BLUM on behalf of BAYER CORPORATION, ELANCO ANIMAL HEALTH INC. (BLUM, JOSEPH) (Entered: 05/11/2021)

    Read MoreRead Less
  • 05/11/2021
  • View Court Documents
  • Docket(#19) NOTICE of Appearance by THOMAS J. SULLIVAN on behalf of BAYER CORPORATION, ELANCO ANIMAL HEALTH INC. (SULLIVAN, THOMAS) (Entered: 05/11/2021)

    Read MoreRead Less
  • 05/10/2021
  • View Court Documents
  • Docket(#18) NOTICE by BAYER CORPORATION, ELANCO ANIMAL HEALTH INC. (SULLIVAN, THOMAS) (Entered: 05/10/2021)

    Read MoreRead Less
12 More Docket Entries
  • 04/05/2021
  • View Court Documents
  • DocketCLERK'S QUALITY CONTROL MESSAGE - The #3 Notice of Appearance submitted by Simon Bahne Paris on 4/2/21 appears to have address information that does not match the court's records for this case. Please go to www.pacer.gov (Manage My Account) to update your information. (jc, ) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#8) ORDER granting #6 Plaintiff's Motion for Leave to Appear Pro Hac Vice as to Raina C. Borrelli, etc. Signed by Magistrate Judge Leda D. Wettre on 4/5/21. (jc, ) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#7) ORDER granting #5 Plaintiff's Motion for Leave to Appear Pro Hac Vice as to Daniel E. Gustafson, etc. Signed by Magistrate Judge Leda D. Wettre on 4/5/21. (jc, ) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#6) MOTION for Leave to Appear Pro Hac Vice for Raina C. Borrelli, Esq. by THOMAS MAIORINO. (Attachments: #1 Certification of Patrick Howard in Support of Application to Admit Raina C. Borrelli, Esq. Pro Hac Vice, #2 Certification of Raina C. Borrelli, Esq. in Support of Application for Admission Pro Hac Vice, #3 Exhibit A - Certificate of Good Standing, #4 Certificate of Service, #5 Text of Proposed Order)(HOWARD, PATRICK) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#5) MOTION for Leave to Appear Pro Hac Vice for Daniel E. Gustafson, Esq. by THOMAS MAIORINO. (Attachments: #1 Certification Certification of Patrick Howard in Support of Application to Admit Daniel E. Gustafson, Esq. Pro Hac Vice, #2 Certification Certification of Daniel E. Gustafson, Esq. in Support of Pro Hac Vice Application, #3 Exhibit A - Certificate of Good Standing, #4 Certificate of Service, #5 Text of Proposed Order)(HOWARD, PATRICK) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/05/2021
  • View Court Documents
  • Docket(#4) SUMMONS Returned Executed by THOMAS MAIORINO. BAYER CORPORATION served on 4/2/2021, answer due 4/23/2021. (HOWARD, PATRICK) (Entered: 04/05/2021)

    Read MoreRead Less
  • 04/02/2021
  • View Court Documents
  • Docket(#3) NOTICE of Appearance by SIMON BAHNE PARIS on behalf of THOMAS MAIORINO (PARIS, SIMON) (Entered: 04/02/2021)

    Read MoreRead Less
  • 04/01/2021
  • View Court Documents
  • Docket(#2) SUMMONS ISSUED as to BAYER CORPORATION, ELANCO ANIMAL HEALTH INC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jc, ) (Entered: 04/01/2021)

    Read MoreRead Less
  • 03/31/2021
  • DocketJudge Susan D. Wigenton and Magistrate Judge Leda D. Wettre added. (ps) (Entered: 03/31/2021)

    Read MoreRead Less
  • 03/31/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against BAYER CORPORATION, ELANCO ANIMAL HEALTH INC. ( Filing and Admin fee $ 402 receipt number ANJDC-12324960) with JURY DEMAND, filed by THOMAS MAIORINO. (Attachments: #1 Civil Cover Sheet)(HOWARD, PATRICK) (Entered: 03/31/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where ELANCO ANIMAL HEALTH is a litigant

Latest cases where Bayer Corporation is a litigant

Latest cases represented by Lawyer THOMAS J. SULLIVAN

Latest cases represented by Lawyer Joseph Blum