Welcome to Class Dismissed

Morrison Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.

August 25, 2023 - Consumer Products, FTC, Product Liability
Right to Repair Laws: Coming Soon to a State Near You
By: Julie Y. Park and Will Baker
Consumer products businesses should know that “right to repair” laws are here to stay. Frustrated with restrictions on repairing consumer electronics, advocacy organizations spearheaded a grassroots “right to repair” movement that is gaining traction. Publicly endorsed by the White House and the Federal Trade
... ›
August 01, 2023 - Appellate & Supreme Court, Class Action
Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability
By: David J. Fioccola, Katie L. Viggiani and Diana Cummiskey
In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is
... ›
May 18, 2023 - Class Action, Privacy
2023 Class Action Law Forum Recap: Privacy Class Actions Panel
By: Lauren N. Margolies
As more organizations collect data to enhance their products or services, privacy is in the forefront of everyone’s minds, earning it a place in the class action spotlight. At the 2023 Class Action Law Forum, the Honorable Vince Chhabria (Northern District of California), Jean Martin
... ›
May 12, 2023 - Class Action
2023 Class Action Law Forum Recap
For the third year in a row, Morrison Foerster sponsored and Class Actions & Mass Torts Co-Chair, Erin M. Bosman, co-chaired the Western Alliance Bank Class Action Law Forum™ (CALF). Over 200 people registered to attend CALF, which is hosted in collaboration with the University
... ›
April 05, 2023 - Class Action, Privacy, Appellate & Supreme Court
No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions
By: Nancy R. Thomas
A key contested issue in data breach class actions is whether plaintiffs can satisfy Article III’s injury-in-fact requirement by alleging risk of future harm rather than actual misuse of plaintiffs’ personal information. As the number of data breach class actions filed continues to rise,
... ›
April 03, 2023 - Class Action, Consumer Products, Privacy, Retail
Applying BIPA’s Health Care Exemption to Virtual Try-On Technologies in Light of Dior Dismissal
By: Melissa M. Crespo, Michael Burshteyn and Morgan O'Neill Mitruka
A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc ., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s
... ›
February 09, 2023 - Class Action, Privacy, TCPA
Privacy Litigation 2022 Year in Review: TCPA Litigation
By: David J. Fioccola, Adam J. Hunt and Tiffani B. Figueroa
In the final installment of our Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. Following the Supreme Court’s adoption of a narrow definition of “autodialers” (ATDS) in the 2021 case Facebook v. Duguid , courts across the country
... ›
February 01, 2023 - Class Action, Consumer Products, Privacy
Privacy Litigation 2022 Year in Review: CCPA Litigation & Enforcement
By: Mark David McPherson, Purvi G. Patel and Dillon Kraus
In part four of our Privacy Litigation Year in Review series, we discuss courts’ continuing efforts to construe the private right of action provision in the California Consumer Privacy Act. Last year, we noted that plaintiffs were trying to stretch the CCPA’s private right
... ›
January 25, 2023 - Class Action, Privacy
Privacy Litigation 2022 Year in Review: Data Breach Litigation
By: Nancy R. Thomas and Matt Wyatt
022 was another record-setting year for data breach class actions. Here’s our take on the key developments and trends we have seen over the past year, as well as what we should watch for in 2023. We count 43 major data breach class actions
... ›
January 19, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Biometric Information Privacy Act (BIPA)
By: Tiffany Cheung
Second in our Privacy Litigation Year in Review series is an overview of cases under Illinois’s Biometric Information Privacy Act (BIPA). In 2022, Illinois’s Biometric Information Privacy Act (BIPA) litigation was bustling. Defendants in BIPA cases ranged from pharmacies, insurance companies, and social media
... ›