Class Dismissed

October 8, 2020 - Product Liability

Once More Into the Jurisdictional Morass: Supreme Court Grapples With Specific Jurisdiction at Oral Argument in Ford Cases

By: Grant J. Esposito, Brian R. Matsui, and Adam L. Sorensen

The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. …›

September 30, 2020 - ADA, Class Action, Coronavirus (COVID-19)

Are You Covered? Warnings From Recent Face Mask Litigation

By: Janie F. Schulman, Neil S. Tyler, and Michelle Sosa-Acosta

While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most effective ways to slow infections.[1] State and local governments have …›

September 21, 2020 - CPSC, Consumer Products, Product Liability, Trials

Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard

By: Erin M. Bosman, Julie Y. Park, and Erin P. Lupfer

The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and …›

September 17, 2020 - Coronavirus (COVID-19), Drug & Medical Device, FDA, Product Liability

First Decisions Limit PREP Act Immunity in Coronavirus Context

By: Erin M. Bosman, Julie Y. Park, Bethany J. Hills, and Alexander A. Najarian

When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and medical products. So far, so good: the first court decisions interpreting PREP Act …›

September 16, 2020 - Product Liability

Getting Specific: Supreme Court Once Again Examines Limits of Personal Jurisdiction in Ford Motor Company Cases

By: Grant J. Esposito, Brian R. Matsui, and Adam L. Sorensen

Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal jurisdiction over defendants. The Supreme Court’s docket has seen a steady stream …›

September 15, 2020 - Class Action, Consumer Products, FTC, False Advertising, NAD

Advertising Checklist for In-House Counsel

By: Penelope A. Preovolos and Claudia M. Vetesi

Along with making their advertising materials eye-catching and influential, consumer‑facing companies need to ensure that their representations about products and services comply with advertising laws. This article discusses basic advertising law, some things to avoid and some things to do. Although every state has …›

August 26, 2020 - Coronavirus (COVID-19), Product Liability

Using Waivers to Curb COVID-19 Legal Exposure

By: Erin M. Bosman, Julie Y. Park, and Erin P. Lupfer

As states ease stay at home orders and individuals return to places of work and play, businesses are working hard to reduce the risk of transmission among their employees and customers. In addition to addressing compliance with health and safety guidelines, companies should think …›

August 19, 2020 - Class Action, False Advertising

Fool Me Once, No Injunctive Relief on Behalf of a Class of Purchasers

By: Nancy R. Thomas and Matthew E. Ladew

Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s allegedly false statements regarding the product? The Ninth Circuit …›

August 13, 2020 - Class Action, FCRA

Ninth Circuit Confirms No Choice-of-Law Analysis Necessary to Certify Settlement Class

By: Claudia M. Vetesi and Spencer McManus

The Ninth Circuit recently issued an opinion holding that district courts usually need not engage in rigorous analysis under the predominance inquiry of Rule 23(b)(3) before certifying a settlement class. In Jabbari v. Farmer,[1] the Ninth Circuit affirmed the district court’s certification of a …›

July 16, 2020 - TCPA

Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)

By: Tiffany Cheung and Tiffani B. Figueroa

Barr v. Am. Ass’n of Political Consultants, Inc., 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015 government-debt exception to the Telephone Consumer Protection Act (the TCPA) permitting …›

« Previous
1
2
3
4
5
6
7
8
9
10
Next »