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.

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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May 24, 2022 - Appellate & Supreme Court, Arbitration
Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis
By: Adam J. Hunt and Caroline F. Pohl
Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party. In Morgan v. Sundance , the Court unanimously held that a party opposing arbitration
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May 10, 2022 - Environmental Law, Product Liability, Class Action
Confidentiality at Risk: California Legislature Considers Bill That Would Limit Scope of Confidentiality in Product Liability and Environmental Cases and Settlements
By: Erin M. Bosman, Julie Y. Park, Erin P. Lupfer and Luis Ramos
California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms in settlement agreements. Generally, parties litigating cases alleging defective products or environmental conditions may stipulate
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May 03, 2022 - Class Action
2022 Class Action Law Forum: Recap & Insights
By: Alexandra Preece Barlow and Danielle Elizabeth Vallone
For the second year in a row, Morrison Foerster partners and associates gathered virtually and in person for Western Alliance Bank’s 4th Annual Class Action Law Forum (CALF TM ), hosted in collaboration with the University of San Diego School of Law. From federal
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April 25, 2022 - Appellate & Supreme Court, TCPA
The Praxis of Faxes: Circuits Split on the Meaning of “Advertisement” Under the TCPA
By: David J. Fioccola, Alexandra Preece Barlow and Lily Valentine Westergaard
A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA). In a February decision, the Second Circuit held that under the plain text of the TCPA,
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April 22, 2022 - Appellate & Supreme Court, TCPA
TCPA Litigation Review and Update
By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard
David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA). "Last year marked another year of important developments in the Telephone Consumer Protection Act (“TCPA”) landscape as
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April 18, 2022 - FDA, Drug & Medical Device, Product Liability
Pleading and Preemption: Immunization Against Vaccine Products Liability Claims
By: Julie Y. Park, Alexandra Preece Barlow and Luis Ramos
In a recent win for vaccine manufacturers, a district court found that federal law preempted claims against Merck, arising out of alleged injuries from the Gardasil vaccine. Herlth v. Merck & Co., Inc. , No. 3:21-cv-438 (JAM), 2022 WL 788669 (D. Conn., Mar. 15,
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Welcome to Class Dismissed

Morrison Foerster’s Class Actions + Mass Torts Practice Achieves Top Rankings by The Legal 500

Morrison Foerster’s Class Actions + Mass Torts Practice Recognized by Chambers USA 2022

Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration

By: Tritia M. Murata and Monica A. Rodriguez

Another State Imposes Prior Consent Obligations for Telemarketing Calls - Along with a Private Right of Action

By: Tiffany Cheung and Julie O'Neill

Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis

By: Adam J. Hunt and Caroline F. Pohl

Confidentiality at Risk: California Legislature Considers Bill That Would Limit Scope of Confidentiality in Product Liability and Environmental Cases and Settlements

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

2022 Class Action Law Forum: Recap & Insights

By: Alexandra Preece Barlow and Danielle Elizabeth Vallone

The Praxis of Faxes: Circuits Split on the Meaning of “Advertisement” Under the TCPA

By: David J. Fioccola, Alexandra Preece Barlow and Lily Valentine Westergaard

TCPA Litigation Review and Update

By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard

Pleading and Preemption: Immunization Against Vaccine Products Liability Claims

By: Julie Y. Park, Alexandra Preece Barlow and Luis Ramos