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

May 12, 2020 - Coronavirus (COVID-19), Privacy, TCPA, Class Action, Government Actions
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
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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
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May 08, 2020 - Coronavirus (COVID-19), FDA, Emergency Use Authorization (EUA)
COVID-19 Alert: FDA Updates Antibody Test Policy
By: 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
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May 01, 2020 - False Advertising, Appellate & Supreme Court
California Supreme Court: Civil Penalty Claims Brought by Government Under UCL and FAL Should Be Determined by Court—Not Jury
By: Claudia M. Vetesi
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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May 01, 2020 - Coronavirus (COVID-19), FDA, Emergency Use Authorization (EUA)
COVID-19 Update: FDA Authorizes First At-Home Collection Kit
By: Erin M. Bosman and Julie Y. Park
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
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April 30, 2020 - Announcements & Press, Product Liability
MoFo Named #1 Producer of Quality Products-Liability Content
For the second year in a row, Morrison & Foerster has been named the “Top Firm” for Products Liability content by JD Supra’s 2020 Readers’ Choice Awards. The awards recognize just a single firm in each practice area. Erin Bosman , co-chair of the
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April 30, 2020 - Coronavirus (COVID-19), FDA, Pharmaceutical & Medical Devices
Mental Health During COVID-19: FDA Waivers for Digital Health Devices
By: Jean Nguyen
As the number of days during which the U.S. remains under stay-at-home orders increases, the mental health of individuals has become a growing concern. Last week, the U.S. Food and Drug Administration (FDA) announced temporarily waiving certain requirements for digital health devices for treating
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April 22, 2020 - Coronavirus (COVID-19), FDA, Pharmaceutical & Medical Devices, Emergency Use Authorization (EUA)
FDA Uses EUAs Broadly in the Fight Against COVID-19
By: Julie Y. Park
On February 4, 2020, the Secretary of the Department of Health and Human Services (HHS) determined, pursuant to section 564 of the Federal Food, Drug and Cosmetic (FD&C) Act, that there is a significant potential for a public health emergency related to the novel
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April 21, 2020 - Coronavirus (COVID-19), FDA, Emergency Use Authorization (EUA)
HHS Guidance Broadens PREP Act Immunity, Tightens Focus on Public/Private Cooperation
By: Erin M. Bosman and Julie Y. Park
On April 14, the U.S. Department of Health and Human Services (HHS) issued an advisory opinion on the Public Readiness and Emergency Preparedness (PREP) Act to clarify the scope of immunity that accompanies developing and deploying countermeasures to COVID-19. The PREP Act grants tort
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April 09, 2020 - Coronavirus (COVID-19), FDA, Product Liability, Pharmaceutical & Medical Devices
CARES Act of 2020: Guide for Drug and Device Companies
The Coronavirus Aid, Relief, and Economic Security (CARES) Act (or “the Act”) is an unprecedented $2 trillion economic stimulus package passed to help mitigate the economic and health consequences caused by the COVID-19 pandemic and to strengthen the U.S. health system going forward. The
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Welcome to Class Dismissed

Class Action Litigation in the Wake of COVID-19

By: Tiffany Cheung and Michael Burshteyn

Status of Bay Area Jury Trials

By: Arturo J. González

COVID-19 Alert: FDA Updates Antibody Test Policy

By: Erin M. Bosman and Julie Y. Park

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

By: Claudia M. Vetesi

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

By: Erin M. Bosman and Julie Y. Park

MoFo Named #1 Producer of Quality Products-Liability Content

Mental Health During COVID-19: FDA Waivers for Digital Health Devices

By: Jean Nguyen

FDA Uses EUAs Broadly in the Fight Against COVID-19

By: Julie Y. Park

HHS Guidance Broadens PREP Act Immunity, Tightens Focus on Public/Private Cooperation

By: Erin M. Bosman and Julie Y. Park

CARES Act of 2020: Guide for Drug and Device Companies