Topic Archives: Class Action

Supreme Court Says “No” to “Litigation Tourism”

There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California, No. 16-466.  But what about consumer class actions?  California is a destination venue not ...›

Court Declines to Certify Class in False Advertising Case Without Survey Evidence of a Common Consumer Definition

On June 7, 2017, a Central District Court of California declined to certify a class of consumers who alleged that 5-Hour Energy’s marketing of an energy drink was misleading, finding that individual factual questions regarding the effect of 5-Hour Energy’s advertising statements on consumers predominated over questions common to all plaintiffs.  In re 5-Hour Energy ...›

Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker

Introduction.  Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here.  Baker presented the following question:  Can a plaintiff who is denied class-action certification and denied Rule 23(f) permission to ...›

Ninth Circuit Revives Gerber Baby Food Class Action

Bruton v. Gerber, No. 15-15174.  The district court had dismissed Plaintiff’s unjust enrichment claim, denied class certification for lack of an “ascertainable class,” and granted summary judgment to Gerber because Plaintiff lacked evidence of deception.  The Ninth Circuit reversed the rulings and remanded the case. Background of the Case.  Plaintiff alleged that the labels on ...›

Affirmed

Speaking Engagement: False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial

On Wednesday, June 14, 2017 at 12:00 pm, Morrison & Foerster partner Purvi Patel will be presenting at The Bar Association of San Francisco (BASF) CLE program “False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial.” Ms. Patel and her fellow panelists will discuss new developments and tips regarding prosecuting, defending ...›

Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend

On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint defect that caused the “self-healing” paint to bubble, peel, and flake.  Resnick et al. v. Hyundai Motor Am., Inc. ...›

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 ...›