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.

August 30, 2016 - Privacy, FTC
The Scope of “Personally Identifiable Information” Is Changing
By: Julie O'Neill
It is easier than ever to identify a consumer with just a few pieces of seemingly innocuous information. Advances in big data analytics, combined with the increasing volume of data generated by consumers in their daily lives, have “increasingly blurred [the] line” between personally
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August 17, 2016 - Class Action
Trending Now: Article III Standing After Spokeo
By: Claudia M. Vetesi
In Spokeo, Inc. v. Robins , the Supreme Court clarified the requirements necessary for plaintiffs to establish standing. The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough. Concrete harm, however, is not synonymous with
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August 10, 2016 - Product Liability, Consumer Products, Class Action
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance
The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp ., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims. Plaintiff Kathleen
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August 03, 2016 - False Advertising, Food Misbranding
President Signs Federal GMO Food Labeling Bill
By: Claudia M. Vetesi
On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan support. The Senate had previously passed the final bill,
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August 01, 2016 - Product Liability
California Adopts the Sophisticated Intermediary Doctrine
By: Erin M. Bosman and Julie Y. Park
In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers. Webb v. Special Electric Co. , No. S209927, slip op. (Cal. May 23,
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July 21, 2016 - FDA, Drug & Medical Device, Product Liability
FDA Releases Draft Guidance For Updating Generic Drug Labels
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug application (ANDA) labels. In particular, the draft guidance addresses updates to ANDA labels where the product’s reference listed drug (RLD)
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July 20, 2016 - Internet of Things, Consumer Products, Class Action
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this client alert. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action
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July 15, 2016 - Food Misbranding
Warning Labels Suit Not Suitable for Preliminary Injunction
In American Beverage Association v. City and County of San Francisco , No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco ordinance that requires a warning label on every advertisement for
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July 14, 2016 - Privacy
First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps
The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc. , — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile app providers seeking to navigate federal privacy
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June 28, 2016 - False Advertising
LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising
By: Claudia M. Vetesi
A judge in the Eastern District of California recently dismissed a class action filed against LogMeIn based on the company’s decision to terminate its free app, which allowed users to access a remote desktop computer via a virtual private network. Handy v. LogMeIn, Inc.
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Welcome to Class Dismissed

The Scope of “Personally Identifiable Information” Is Changing

By: Julie O'Neill

Trending Now: Article III Standing After Spokeo

By: Claudia M. Vetesi

Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance

President Signs Federal GMO Food Labeling Bill

By: Claudia M. Vetesi

California Adopts the Sophisticated Intermediary Doctrine

By: Erin M. Bosman and Julie Y. Park

FDA Releases Draft Guidance For Updating Generic Drug Labels

By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

Warning Labels Suit Not Suitable for Preliminary Injunction

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising

By: Claudia M. Vetesi