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 25, 2023 - FDA, Consumer Products
Golden State Crackdown—Unpacking California's Landmark Food Safety Act
By: Claudia M. Vetesi, Stacy Cline Amin, Brigid DeCoursey Bondoc, Lena Gankin and Marcus Grimes
This month, California Governor Gavin Newsom signed into law the California Food Safety Act—a bill targeted at enhancing food safety within California. The law bans the manufacture, sale, and distribution of four food additives used in over 12,000 different food products: brominated vegetable oil,
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October 13, 2023 - Appellate & Supreme Court
This Week at the Ninth: Appellate Standing
By: Alexandra Avvocato
This week, the Ninth Circuit considers when an unnamed plaintiff in a putative class action has standing to appeal. Read the full post on our Left Coast Appeals blog.
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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
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August 01, 2023 - Appellate & Supreme Court, Class Action
Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability
By: 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
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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
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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
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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
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,
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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
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February 09, 2023 - Class Action, Privacy, TCPA
Privacy Litigation 2022 Year in Review: TCPA Litigation
By: 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
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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
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