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 below to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.


March 9, 2016Class Action

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 below to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices. ...›

Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available

Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable principles, which require, among other things, a showing of an inadequate remedy at law. Thus, the Ninth Circuit affirmed the district court’s dismissal of plaintiff’s ...›

Gavel

Schein On: Supreme Court to Decide Key Arbitration Delegation Question

The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator.” ...›

Cancellations and Refunds Under California’s Consumer Protection Statutes in an Evolving COVID-19 Landscape

Several months into the widespread business closures and event cancellations resulting from the COVID 19 pandemic, we have seen businesses adopt a range of strategies to respond. Those strategies, in addition to the closures and cancellations themselves, have sparked a surge in class action litigation, much of it under California’s consumer protection statutes, the Unfair ...›

How FDA is Monitoring the COVID-19 Product Market

FDA is actively “monitor[ing] the online ecosystem for fraudulent products peddled by bad actors seeking to profit from this global pandemic.” The agency says it has discovered hundreds of fraudulent COVID-19 products, including drugs, test kits, and PPE sold online with unproven claims. It is working with online marketplaces, domain name registrars, payment processors, and ...›

FDA Signals Flexibility with COVID-19 Tests

A bipartisan group of experts in economics, health, technology, and ethics recommended that the U.S. scale up COVID-19 testing—5 million per day by June, 20 million per day by midsummer—in order to fully re-mobilize the economy. Consistent with this, FDA has taken various steps to accelerate the availability of testing, as we have previously reported. Notably, in its Policy ...›

May 11, 2020Trials

Status of Bay Area Jury Trials

On Thursday, May 7, the American Board of Trial Advocates sponsored a discussion with the presiding judges from five Bay Area counties: San Francisco, San Mateo, Contra Costa, Alameda, and Santa Clara. The panel addressed the current state of jury trials in the Bay Area given the ongoing COVID-19 pandemic and related shelter-in-place orders. Here ...›

COVID-19 Alert: FDA Updates Antibody Test Policy

Serology tests could play a critical role in the fight against COVID-19. Serology tests may help determine who can donate convalescent plasma—a part of the blood containing antibodies—which is currently being explored as an investigational treatment for those with COVID-19. Convalescent plasma has been studied in outbreaks of other respiratory infections as well, including the ...›

COVID-19 Update: FDA Authorizes First At-Home Collection Kit

FDA has been actively working to accelerate access to diagnostic tests for COVID-19 through its extension of Emergency Use Authorizations (EUAs). According to FDA Commissioner Stephen M. Hahn, M.D., “The FDA’s around-the-clock work since this outbreak began has resulted in the authorization of more than 50 diagnostic tests and engagement with over 350 test developers.” ...›