Class Dismissed

November 24, 2020 - Announcements & Press, Class Action, Coronavirus (COVID-19), Drug & Medical Device, MDL, Product Liability, Public Readiness and Emergency Preparedness Act (PREP Act)

Join Us: Drug & Medical Device Litigation Conference

By: Erin M. Bosman and Julie Y. Park

MoFo is a proud sponsor of the American Conference Institute’s Drug & Medical Device Litigation Conference, the premier products liability litigation event for the pharmaceutical and medical device industries for the past 24 years, to be held virtually on December 8 – 9, 2020. Erin …›

November 5, 2020 - Class Action, MDL

A Rule 23 Negotiation Class? Not So Fast!

By: David J. Fioccola and Robert J. Baehr

In the sprawling National Prescription Opiate Litigation (MDL 2804), proponents of a “negotiation class” recently asked the Sixth Circuit for en banc review of a September 2020 decision that struck down the novel class mechanism. Arguing that the 2-1 panel decision imposed an impermissibly …›

October 19, 2020 - Arbitration, Class Action

Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements

By: Angela E. Kleine and Neil S. Tyler

This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims from arbitration. Henry Schein, Inc. v. Archer & White Sales, …›

October 9, 2020 - Arbitration, Class Action, Consumer Products, TCPA

Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree

By: Sylvia Rivera

If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement? The Ninth Circuit recently answered “no” in Revitch v. …›

October 8, 2020 - Product Liability

Once More Into the Jurisdictional Morass: Supreme Court Grapples With Specific Jurisdiction at Oral Argument in Ford Cases

By: Grant J. Esposito, Brian R. Matsui, and Adam L. Sorensen

The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. …›

September 30, 2020 - ADA, Class Action, Coronavirus (COVID-19)

Are You Covered? Warnings From Recent Face Mask Litigation

By: Janie F. Schulman, Neil S. Tyler, and Michelle Sosa-Acosta

While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most effective ways to slow infections.[1] State and local governments have …›

September 21, 2020 - CPSC, Consumer Products, Product Liability, Trials

Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard

By: Erin M. Bosman, Julie Y. Park, and Erin P. Lupfer

The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and …›

September 17, 2020 - Coronavirus (COVID-19), Drug & Medical Device, FDA, Product Liability

First Decisions Limit PREP Act Immunity in Coronavirus Context

By: Erin M. Bosman, Julie Y. Park, Bethany J. Hills, and Alexander A. Najarian

When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and medical products. So far, so good: the first court decisions interpreting PREP Act …›

September 16, 2020 - Product Liability

Getting Specific: Supreme Court Once Again Examines Limits of Personal Jurisdiction in Ford Motor Company Cases

By: Grant J. Esposito, Brian R. Matsui, and Adam L. Sorensen

Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal jurisdiction over defendants. The Supreme Court’s docket has seen a steady stream …›

September 15, 2020 - Class Action, Consumer Products, FTC, False Advertising, NAD

Advertising Checklist for In-House Counsel

By: Penelope A. Preovolos and Claudia M. Vetesi

Along with making their advertising materials eye-catching and influential, consumer‑facing companies need to ensure that their representations about products and services comply with advertising laws. This article discusses basic advertising law, some things to avoid and some things to do. Although every state has …›