Welcome to Class Dismissed

Morrison & Foerster is pleased to announce the launch of our new Class Dismissed blog. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Product Liability practices provide insights and reports on the latest news, developments, and trends that affect consumer-facing companies.


Welcome to Class Dismissed

Morrison & Foerster is pleased to announce the launch of our new Class Dismissed blog. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Product Liability practices provide insights and reports on the latest news, developments, and trends that affect consumer-facing companies. ...›

Medical
February 17, 2017Product Liability

Expanding Duties and Eroding Protections for Medical Device Manufacturers

Earlier this month, the Washington Supreme Court saddled medical device manufacturers with a new duty to warn under Washington law—the duty to warn hospitals about potential risks their products may pose—and eroded exemptions from strict liability afforded to manufacturers of certain “unavoidably unsafe” products. This decision comes as a surprise and represents an unexpected shift in the law with regard to medical device manufacturers. ...›

Ginkgo

District Court Sacks Ginkgo Biloba False Advertising Case

On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. The court granted Defendants’ motion for summary judgment, finding that Plaintiff Kathleen Sonner (Plaintiff) had failed to establish that the claimed memory benefits were provably false. ...›

Gavel
February 6, 2017Product Liability

Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal

Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety. The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to dismiss after Defendant Ferring Pharmaceuticals removed the suit to federal court based on diversity jurisdiction. ...›

The Latest Word (or Text) on TCPA Standing Post-Spokeo and Consent

On January 30, 2017, in Van Patten v. Vertical Fitness Group, No. 14-55980, the Ninth Circuit Court of Appeals found that a Telephone Consumer Protection Act (TCPA) plaintiff had sufficiently alleged an Article III injury-in-fact, under the United States Supreme Court’s Spokeo, Inc. v. Robins decision.  The Ninth Circuit ultimately affirmed summary judgment in favor of the defendants, holding that the plaintiff had consented to receiving text messages from a gym by providing his phone number with his membership application and had not revoked that consent simply by cancelling the gym membership. ...›

Cell Phone
January 31, 2017Class Action, Consumer Products

Ninth Circuit Affirms Denial of Samsung’s Motion to Compel Arbitration Based on In-Box Warranty Brochure

On January 19, 2017, the Ninth Circuit Court of Appeals affirmed a district court’s denial of Samsung’s motion to compel arbitration by the named plaintiff in a class action alleging that Samsung made misrepresentations as to the performance of the Galaxy S4 phone. Norcia v. Samsung Telecommunications America, LLC, No. 14-16994 (Opinion by Judge Sandra S. Ikuta). ...›

January 30, 2017Consumer Products, FTC, Privacy

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (“FTC”) staff have issued a report.  The report sets the stage by describing how cross-device tracking works, noting its “benefits and challenges,” and reviewing (and largely commending) current self-regulatory efforts.  The report also makes recommendations, which—while building ...›

Sling
January 26, 2017Consumer Products, CPSC, Product Liability

New CPSC Safety Standard on Baby Slings

In early January, the U.S. Consumer Product Safety Commission (CPSC) adopted a new federal safety standard for infant sling carriers. 82 Fed. Reg. 2326-1 (Jan. 9, 2017). CPSC’s new rule follows its 2010 warning that baby slings can pose a suffocation hazard to infants. Under the new standard, all baby slings must now bear a permanently attached warning label and clear instructions for use. ...›

Magnets

Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking in the 10th Circuit

The United States Court of Appeals for the Tenth Circuit recently vacated the Consumer Product Safety Commission’s (CPSC) 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth magnet sets (SREMS).  See Zen Magnets, LLC v. Consumer Product Safety Comm’n., No. 14-9610 (10th Cir, Nov. 22, 2016).  As we have previously reported, ...›

January 23, 2017Product Liability

What Part Did You Not Understand? Recent State-Court Decisions Require The U.S. Supreme Court To Address—Yet Again—The Constitutional Limits On Personal Jurisdiction

In its most recent decisions on personal jurisdiction, the Supreme Court has reiterated the distinction between general personal jurisdiction on the one hand and specific personal jurisdiction on the other. As to the former, courts may exercise general or “all-purpose” personal jurisdiction over a defendant “to hear any and all claims against it” only when ...›

Flame

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an administratively feasible way to determine who is in the putative class. ...›