Morrison & Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe below to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.
Morrison & Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe below to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices. ...›
On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson, No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to dismiss. As we noted in previous posts, the Ninth Circuit had resolved a split among district courts in the circuit and held ...›
Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act? That is the question the United States Supreme Court will consider in PDR Network, LLC v. Carlton & Harris Chiropractic Inc., Docket No. 17-1705. On November 13, 2018, the Supreme Court granted certiorari in ...›
Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement that corporate boards of directors include women, have been passed. Other changes include amendments to the Fair Pay Act regarding potential employees’ salary history ...›
FDA is tackling cybersecurity threats head-on and expects industry to do the same. Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a series of developments designed to keep pace with evolving cybersecurity threats to medical devices. Industry should take note, as these developments detail the agency’s current expectations for companies preparing to combat future ...›
ICT standardization is a key part of the European Union’s package of measures designed to improve Europe’s competitiveness and productivity. As part of the EU’s Digital Single Market (DSM) initiative, the European Commission has been working on common ICT standards that would ensure the interoperability of digital technologies, services, and devices. The Commission has laid ...›
On Friday, October 12, 2018, California’s Second Appellate District Court stayed the trial that was set to begin on Monday, October 15, 2018, in Los Angeles Superior Court, regarding whether cancer warnings are required for sales of coffee in California. The trial in Council for Education and Research on Toxics v. Starbucks Corporation et al. ...›
Updating and building on guidance issued one year ago, the U.S. Department of Transportation published a new federal guidance document entitled Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”). AV 3.0, released on October 4, 2018, incorporates extensive stakeholder feedback to provide updated voluntary guidance and policy considerations regarding safety standards and ...›
On September 20, 2018, the Ninth Circuit weighed in on the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Marks v. Crunch San Diego, LLC, Case No. 14-56834 (Sept. 20, 2018). The opinion, written by Judge Ikuta, comes after the D.C. Court of ...›
When Governor Jerry Brown signed Assembly Bill 1906 and Senate Bill 327 into law on Friday, California took major strides toward regulating the Internet of Things, the network of internet-connected devices that includes everything from televisions and cars, to refrigerators, fitness trackers, and baby monitors.[1] As of January 1, 2020, “reasonable security feature[s]” must be ...›
In Hadley v. Kellogg Sales Company, Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products. On August 17, 2018, Judge Koh issued an order that carefully dissected Plaintiff’s request. The court concluded ...›