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.

October 04, 2022 - FDA
Water Is In, White Bread Is Out: “Healthy” Gets a New Look in 2023
By: Claudia M. Vetesi, Lena Gankin and Nick R. Dyess
For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies? At the same time, class action litigants have seized on ever-evolving and subjective definitions of “healthy,” pursuing claims
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July 01, 2022 - Arbitration
This Week at the Ninth: Intervention and Arbitration
By: James R. Sigel and Adam L. Sorensen
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. Read the full blog post.
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June 30, 2022 - Appellate & Supreme Court, Class Certification, Class Action
How Do Rule 23(F) Petitions Fare In The Ninth Circuit?
By: Joseph R. Palmore
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor Bryan Lammon. Background Federal Rule of Civil Procedure 23(f)
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June 24, 2022 - Announcements & Press
Morrison Foerster’s Class Actions + Mass Torts Practice Achieves Top Rankings by The Legal 500
Morrison Foerster’s Class Actions + Mass Torts Practice Achieves Top Rankings by The Legal 500 The Legal 500 US 2022 has recognized Morrison Foerster as a top Tier 1 in Product Liability, Mass Torts, and Class Action (Defense) for Consumer Products. Additionally, the practice
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June 23, 2022 - Announcements & Press
Morrison Foerster’s Class Actions + Mass Torts Practice Recognized by Chambers USA 2022
Morrison Foerster’s Class Actions + Mass Torts group received notable recognitions in the 2022 edition of Chambers USA, reflecting the group’s technical legal ability, professional conduct, client service, diligence, and commercial astuteness. The group was once again ranked in the following practice areas: USA –
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June 22, 2022 - Appellate & Supreme Court, Arbitration
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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June 07, 2022 - TCPA
Another State Imposes Prior Consent Obligations for Telemarketing Calls - Along with a Private Right of Action
By: Tiffany Cheung and Julie O'Neill
Nearly one year after Florida introduced a law that imposes broad prior consent requirements on phone and text solicitations (in apparent response to the U.S. Supreme Court’s narrowing of the applicability of the federal Telephone Consumer Protection Act (TCPA)), Oklahoma has followed suit. The
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May 24, 2022 - Appellate & Supreme Court, Arbitration
Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis
By: Adam J. Hunt and Caroline F. Pohl
Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party. In Morgan v. Sundance , the Court unanimously held that a party opposing arbitration
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May 10, 2022 - Environmental Law, Product Liability, Class Action
Confidentiality at Risk: California Legislature Considers Bill That Would Limit Scope of Confidentiality in Product Liability and Environmental Cases and Settlements
By: Erin M. Bosman, Julie Y. Park, Erin P. Lupfer and Luis Ramos
California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms in settlement agreements. Generally, parties litigating cases alleging defective products or environmental conditions may stipulate
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May 03, 2022 - Class Action
2022 Class Action Law Forum: Recap & Insights
By: Alexandra Preece Barlow and Danielle Elizabeth Vallone
For the second year in a row, Morrison Foerster partners and associates gathered virtually and in person for Western Alliance Bank’s 4th Annual Class Action Law Forum (CALF TM ), hosted in collaboration with the University of San Diego School of Law. From federal
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