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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.

January 19, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Biometric Information Privacy Act (BIPA)
By: Tiffany Cheung
Second in our Privacy Litigation Year in Review series is an overview of cases under Illinois’s Biometric Information Privacy Act (BIPA). In 2022, Illinois’s Biometric Information Privacy Act (BIPA) litigation was bustling. Defendants in BIPA cases ranged from pharmacies, insurance companies, and social media
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January 12, 2023 - Class Action, Consumer Products, Privacy, Retail
Privacy Litigation 2022 Year in Review: Wiretapping Litigation
By: Purvi G. Patel and Erik Manukyan
2022 brought a new wave of data privacy lawsuits seeking to impose wiretapping liability on website operators and their service providers—just as the dust settled on the first wave. To date, plaintiffs have filed over 120 such lawsuits across nine jurisdictions (California, Florida, Illinois,
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December 13, 2022 - Class Action, Mass Torts
Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals
By: Joseph R. Palmore
The Supreme Court just agreed to review an important question at the intersection of arbitration law and appellate practice. Its ultimate decision in the case could provide a major boost to defendants seeking to enforce arbitration agreements in circuits (including the Second and Ninth) where
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October 04, 2022 - FDA
Water Is In, White Bread Is Out: “Healthy” Gets a New Look in 2023
By: Claudia M. Vetesi, Lena Gankin and Nick R. Dyess
For decades, health-conscious consumers have argued about what it really means for a food to be “healthy.” Is dark chocolate “healthy”? How about breakfast cereal, coffee, or fruit gummies? At the same time, class action litigants have seized on ever-evolving and subjective definitions of “healthy,” pursuing claims
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July 01, 2022 - Arbitration
This Week at the Ninth: Intervention and Arbitration
By: James R. Sigel
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. Read the full blog post.
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June 30, 2022 - Appellate & Supreme Court, Class Certification, Class Action
How Do Rule 23(F) Petitions Fare In The Ninth Circuit?
By: Joseph R. Palmore
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor Bryan Lammon. Background Federal Rule of Civil Procedure 23(f)
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June 24, 2022 - Announcements & Press
Morrison Foerster’s Class Actions + Mass Torts Practice Achieves Top Rankings by The Legal 500
Morrison Foerster’s Class Actions + Mass Torts Practice Achieves Top Rankings by The Legal 500 The Legal 500 US 2022 has recognized Morrison Foerster as a top Tier 1 in Product Liability, Mass Torts, and Class Action (Defense) for Consumer Products. Additionally, the practice
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June 23, 2022 - Announcements & Press
Morrison Foerster’s Class Actions + Mass Torts Practice Recognized by Chambers USA 2022
Morrison Foerster’s Class Actions + Mass Torts group received notable recognitions in the 2022 edition of Chambers USA, reflecting the group’s technical legal ability, professional conduct, client service, diligence, and commercial astuteness. The group was once again ranked in the following practice areas: USA –
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June 22, 2022 - Appellate & Supreme Court, Arbitration
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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June 07, 2022 - TCPA
Another State Imposes Prior Consent Obligations for Telemarketing Calls - Along with a Private Right of Action
By: Tiffany Cheung and Julie O'Neill
Nearly one year after Florida introduced a law that imposes broad prior consent requirements on phone and text solicitations (in apparent response to the U.S. Supreme Court’s narrowing of the applicability of the federal Telephone Consumer Protection Act (TCPA)), Oklahoma has followed suit. The
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