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. ...›

Judge Koh Issues First Blow to “Added Sugars” Plaintiffs

The Big Picture:  On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company, No. 5:16-cv-04955-LHK (N.D. Cal.).  Hadley is one of three cases[1] against well-known cereal makers pending in the Northern District of California.  All three actions challenge various factually true “health” representations on the cereal packaging ...›

Magnets

CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets

We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”).[1]  On March 1, 2017, CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the Code of Federal Regulations.[2]  On separate motion, the Commissioners split 3-2 along ...›

House Passes Bill Proposing Sweeping Changes to Class Action Litigation

The House of Representatives has passed legislation that will fundamentally change class actions as we know them.  The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action litigation untouched.  For example, the provisions require stricter “typicality” requirements for class members, the disclosure of conflicts of ...›

A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?

Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the trend of increased CPSC enforcement, and its pledge to issue increased civil penalties, will continue under Buerkle’s leadership. ...›

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 ...›