Class Dismissed

July 16, 2020 - FTC

U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority

By: Jessica Kaufman, Julie O'Neill, and Lena H. Hughes

The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. In 1973, …›

July 7, 2020 - Class Action, FCRA

Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of Remedial Measures

By: Nancy R. Thomas and Cheyenne Overall

The Ninth Circuit recently issued an opinion addressing standing and willfulness under the Fair Credit Reporting Act (FCRA). In Ramirez v. TransUnion,[1] the Ninth Circuit affirmed a jury verdict and punitive damages award, although it reduced those damages by a third. The court held …›

July 1, 2020 - Class Action, Consumer Products, False Advertising

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

By: Jessica L Grant

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. …›

June 30, 2020 - Arbitration, Consumer Products, Drug & Medical Device

Schein On: Supreme Court to Decide Key Arbitration Delegation Question

By: Angela E. Kleine

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 …›

June 29, 2020 - Class Action, Consumer Products, Coronavirus (COVID-19), False Advertising

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

By: Penelope A. Preovolos, Claudia M. Vetesi, and Jamis Barcott

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 …›

May 26, 2020 - Coronavirus (COVID-19), Drug & Medical Device, Emergency Use Authorization (EUA), FDA, Product Liability

FDA Signals Flexibility with COVID-19 Tests

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

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 …›

May 12, 2020 - Class Action, Coronavirus (COVID-19), Government Actions, Privacy, TCPA

Class Action Litigation in the Wake of COVID-19

By: Tiffany Cheung and Michael Burshteyn

Class action claims have taken on a new twist in the wake of COVID-19. Already, the global pandemic has generated litigation across a broad swath of areas, including privacy, data security, and consumer, among others. To date, hundreds of business lawsuits related to the …›

May 11, 2020 - Trials

Status of Bay Area Jury Trials

By: Arturo J. González

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 …›

May 8, 2020 - Coronavirus (COVID-19), Emergency Use Authorization (EUA), FDA

COVID-19 Alert: FDA Updates Antibody Test Policy

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

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 …›

May 1, 2020 - False Advertising

California Supreme Court: Civil Penalty Claims Brought by Government Under UCL and FAL Should Be Determined by Court—Not Jury

By: Claudia M. Vetesi and Spencer McManus

The California Supreme Court has confirmed that claims for civil penalties brought by government entities under California’s Unfair Competition Law (“UCL”)[1] and False Advertising Law (“FAL”)[2] should be decided by a judge—not a jury. See Nationwide Biweekly Administration Inc. et al. v. Superior Court …›

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