Leiner v. Johnson & Johnson

Case # 15-cv-05876
Case Name Leiner v. Johnson & Johnson
Jurisdiction US District Court for N.D. IL

Defendant marketed various "Bedtime Products" as being clinically proven to help babies sleep better.  Plaintiffs allege that no such clinical studies exist and, as a result of these misleading advertising claims, consumers were lead to purchase products they would not have otherwise.

Final Approval Date 01/31/2017
  1. Final Approval granted.
  2. All objections were overruled.
    • The Court found that Objector Sweeney lacked standing, having filed her objection late.
  3. Objectors Hammack and Sweeney appealed the final approval.
  4. Both appeals were voluntarily dismissed.
Dismissal of Last Appeal 03/23/2017
Attachments Docket Report.pdf
Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Motion for Final Approval and Response to Objections.pdf
Defendant's Response to Objections.pdf
Declaration in Support of Defendant's Response to Objections.pdf
Final Settlement Order.pdf
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Objection of Ashley Hammack

Objectors Ashley Hammack
Signers Ashley Hammack
Brian Custy
Attorneys Brian Custy
  1. Settlement places arbitrary limits on claims.
  2. Cy pres recipients are insufficiently relevant to the settlement.  All settlement funds should be directed to the class.
  3. Injunctive relief is worthless.
  4. Notice is insufficient.
  5. Opt out procedures are overly burdensome.
  6. Attorneys' fees are excessive.
  7. Release is overbroad.
  8. Settlement value should be based on actual recovery by the class.
Attachments Objection of Ashley Hammack.pdf
Custy Appearance for Objector Hammack.pdf
Appeal of Objector Hammack.pdf
Dismissal of Hammack Appeal.pdf
Hammack Appeal Docket.pdf
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Objection of Pamela Sweeney

Objectors Pamela Sweeney
Signers Pamela Sweeney
  1. Settlement lacks sufficient oversight.
  2. Fees appear reasonable but fee request lacks sufficient documentation.

Objector Sweeney motioned for an extension of time to pay the appeal fee, which was granted by the Court.

Attachments Objection of Pamela Sweeney.pdf
Appeal of Objector Sweeney.pdf
Sweeney Motion for Extension of Time to File Fee.pdf
Order Granting Sweeney Motion for Extension of Time to File Fee.pdf
Dismissal of Sweeney Appeal.pdf
Sweeney Appeal Docket.pdf
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