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 26, 2016 - Class Certification
Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs Voluntarily Dismiss Case
Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in Microsoft Corp. v. Baker , Docket No. 15-457. Class action plaintiffs
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May 19, 2016 - TCPA
No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims
On April 12, 2016, in Chen, et al. v. Allstate Insurance Co. , No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully settle—and thereby moot—a plaintiff’s individual claims
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May 18, 2016 - TCPA, Government Actions
FCC issues NPRM on TCPA Exemption for U.S. Government Debt
By: Tiffany Cheung
In response to a provision in the Bipartisan Budget Act of 2015 (Pub. L. No. 114-74), the Federal Communications Commission (FCC or the “Commission”) has promulgated a notice of proposed rulemaking (NPRM) regarding the new exemption in the Telephone Consumer Protection Act (TCPA) for
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May 17, 2016 - Class Action
The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?
On May 16, 2016, the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for a violation
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May 13, 2016 - FDA, Food Misbranding, FTC
FTC Targets “All Natural” and “100% Natural” Claims on Personal Care Products
By: Claudia M. Vetesi
As we have previously reported, FDA is currently seeking public comments on the use of the term “natural” on food labeling (see our previous post here ). The announcement came as a surprise since FDA had previously declined requests from consumers, the food industry,
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May 11, 2016 - Consumer Products, CPSC
Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?
By: Erin M. Bosman and Julie Y. Park
It is no secret that the U.S. Consumer Product Safety Commission (CPSC) is ramping up its efforts to enforce various aspects of the Consumer Product Safety Act (CPSA), especially the provisions about a company’s failure to timely report substantial product hazards. An ongoing case
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May 04, 2016 - Drug & Medical Device, Product Liability, MDL
Defendants Secure Rare Summary Judgment in Zoloft MDL
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In an unusual turn of events, U.S. District Judge Cynthia Rufe recently granted defendants’ motion for summary judgment as to over 300 cases in the Zoloft MDL. [1] These cases were consolidated in 2012 and involved allegations that the antidepressant drug Zoloft causes birth
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April 28, 2016 - False Advertising, Class Certification, Class Action, Retail
Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action
A California federal court recently denied a motion to certify a class of Kohl’s customers allegedly misled by false advertising, finding that plaintiff Wendy Chowning’s claim was a copycat of an earlier-filed case, Russell, et al. v. Kohl’s Department Stores, Inc. , 5:15-cv-01143 (C.D.
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April 27, 2016 - Class Certification, Product Liability, Consumer Products, Class Action
What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case
On March 21, 2016, the Eleventh Circuit vacated a district court’s decision to grant class certification to California and Texas consumers claiming that Electrolux washing machines have a design defect that makes them prone to staining clothes and leaving them with a moldy smell,
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April 26, 2016 - Product Liability, Aviation & Drones
Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims
In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct does not categorically preempt such claims. Sikkelee v. Precision Airmotive
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Welcome to Class Dismissed

Class Dismissed . . . But not Quite: Supreme Court to Review Appealability of Class Certification Denials When Plaintiffs Voluntarily Dismiss Case

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

FCC issues NPRM on TCPA Exemption for U.S. Government Debt

By: Tiffany Cheung

The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?

FTC Targets “All Natural” and “100% Natural” Claims on Personal Care Products

By: Claudia M. Vetesi

Statute of Limitations Taking the Steam out of CPSC-Backed Enforcement Action?

By: Erin M. Bosman and Julie Y. Park

Defendants Secure Rare Summary Judgment in Zoloft MDL

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

Been There, Done That: Kohl’s Wins Dismissal of Copycat False Advertising Class Action

What’s That Smell?: Eleventh Circuit Vacates Class Certification for Failure to Show Classwide Exposure to Misrepresentations in Electrolux Moldy Washer Case

Third Circuit Limits Federal Aviation Act Preemption for Product Liability Claims