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 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 Ph.D.
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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April 09, 2020 - TCPA
More Autodialer Confusion: Second Circuit Decision Deepens Circuit Split
By: Adam J. Hunt and Michael G. Ahern
On April 7, 2020, the Second Circuit Court of Appeals vacated a district court’s decision granting summary judgment to a defendant in a TCPA class action and deepened a split among federal courts by holding that the systems the defendant used to send text
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March 31, 2020 - Coronavirus (COVID-19), Product Liability, CPSC
CPSC Recall Remedies in the Time of COVID-19
By: Erin M. Bosman and Julie Y. Park
The Consumer Product Safety Commission (CPSC) recognizes that companies everywhere are in the midst of responding to the impact of COVID-19 on business operations, including government stay-at-home orders that could see some operations temporarily close. Given these “extraordinary circumstances,” the CPSC issued a notice
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March 30, 2020 - Coronavirus (COVID-19), FDA, Pharmaceutical & Medical Devices, Emergency Use Authorization (EUA)
FDA Inspires Modifications and Quick Authorizations for Ventilators
By: Erin M. Bosman and Julie Y. Park
As the number of COVID-19 cases in the U.S. grows, the potential shortage of ventilators has become an increasing concern. This week, the U.S. Food and Drug Administration (FDA) took two important steps to keep medical facilities equipped with life-saving ventilators. Ventilator Modification Enforcement
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March 27, 2020 - Class Action
Ninth Circuit Provides Guidance on Pre-certification Discovery
By: Claudia M. Vetesi
Earlier this year, the Ninth Circuit held that plaintiffs cannot avail themselves of liberal discovery rules in order to locate class representatives. The court found that Rule 26(b)(1) of the Federal Rules of Civil Procedure, which governs the discovery process, does not authorize discovery
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Welcome to Class Dismissed

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 Ph.D.

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

More Autodialer Confusion: Second Circuit Decision Deepens Circuit Split

By: Adam J. Hunt and Michael G. Ahern

CPSC Recall Remedies in the Time of COVID-19

By: Erin M. Bosman and Julie Y. Park

FDA Inspires Modifications and Quick Authorizations for Ventilators

By: Erin M. Bosman and Julie Y. Park

Ninth Circuit Provides Guidance on Pre-certification Discovery

By: Claudia M. Vetesi