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. ...›
The Ninth Circuit affirmed the district court’s denial of Rent-A-Center, Inc.’s motion to compel arbitration in a putative class action challenging the company’s structuring of its rent-to-own pricing. We discuss the court’s recent decision and how its preemption analysis means that the California Supreme Court’s ruling in McGill v. Citibank will continue to impact the enforceability of ...›
On June 21, the Food and Drug Administration (FDA) released a report titled “Statement on agency’s efforts to increase transparency in medical device reporting.” This report describes updates to FDA’s Medical Device Reporting (MDR) Program, namely the conclusion of the Alternative Summary Reporting (ASR) Program. In conjunction with the end of the program, FDA also published ...›
This week, Acting Chairman Ann Marie Buerkle withdrew her nomination to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC). She will wrap up her tenure as Acting Chairman, a position she has held since February 2017, on September 30, and will finish her CPSC term on October 27. As we previously reported, ...›
In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision, concluded that the ordinance was invalid because it was in conflict with the freedom of speech and press. The Supreme Court’s ...›
On June 7, 2019, an en banc Ninth Circuit panel affirmed certification of a nationwide settlement class and held, 8-3, that class certification criteria are applied less strictly in a settlement context.[1] Hyundai II preserves the ability to certify nationwide settlement classes while maintaining more demanding requirements for litigation classes. As noted in our earlier ...›
Nevada just joined California as the second state to enact an opt-out right for consumers from the “sale” of their personal information. Senate Bill 220, which was signed into law on May 29, 2019, is scheduled to take effect on October 1, 2019, three months prior to its precursor under the California Consumer Protection Act (the ...›
A New York federal court recently dismissed a putative class action alleging that a line of dog food products was improperly labeled as “natural” where the plaintiff alleged that the products contained only trace amounts of glyphosate, an herbicide. See Parks v. Ainsworth Pet Nutrition, LLC d/b/a Rachael Ray Nutrish, 18 Civ. 6936 (S.D.N.Y. Apr. ...›
The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption. In its much-anticipated opinion delivered by Justice Breyer, the Court unanimously reversed the Third Circuit’s holding that questions of pharmaceutical preemption should be decided by juries. Merck Sharp & Dohme Corp. v. Albrecht et al., No. 17-290, slip op. (U.S. ...›
Prior to the California Legislature’s May 31, 2019 deadline to pass bills out of their chamber of origin, the California Assembly passed six additional bills that would amend the California Consumer Privacy Act (“CCPA” or “Act”). The California Senate now has until September 13, 2019 to consider and potentially pass these bills prior to the ...›
Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If it prevails, it puts video-sharing platforms, distributors of gaming content, and ...›