Xavier v. Evenflo Co.

U.S. Court of Appeals for the First Circuit

Tab Group

Merits Stage

First Circuit revives consumer class action, holding that plaintiffs sufficiently pleaded Article III standing based on alleged safety misrepresentations about a product that never malfunctioned or caused injury

November 23, 2022

Click here to view the opinion.

U.S. Chamber files coalition amicus brief urging First Circuit to dismiss no-injury class action

July 29, 2022

Click here to view the coalition amicus brief. Philip S. Goldberg, Mark A. Behrens, and Andrew J. Trask of Shook Hardy & Bacon L.L.P. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

District Court Order -- In re Evenflo Co. (D. Mass.).pdf

U.S. Chamber Coalition Amicus Brief -- Xavier v. Evenflo Co. (Ninth Circuit).pdf

Opinion -- Xavier v. Evenflo Co. (Ninth Circuit).pdf