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.

February 23, 2016 - False Advertising
New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims
By: Penelope A. Preovolos
In Campbell-Ewald v. Gomez , __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require dismissal of the action. However, the Court expressly reserved the
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February 22, 2016 - FDA
Court Stays Away from Trans Fat in General Mills Case
A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in Red v. General Mills, Inc., et al., Case No. 2:15-cv-02232-ODW(JPR), U.S. District
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February 19, 2016 - Consumer Products
A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code
The California Court of Appeal recently affirmed a ruling that an optional protection plan in a storage rental contract to transfer the risk of property damage or loss from the renter to the rental company did not transform the rental contract into a contract
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February 17, 2016 - Consumer Products, CPSC
Rules Change, and So Does CPSC’s Involvement in the Development of Voluntary Standards
Ever heard of “voluntary” safety standards? Voluntary or not, they’re a big deal. The technical term is “voluntary consensus safety standards” or “non-government consensus standards,” and they may guide the design of your consumer product. In fact, the Consumer Products Safety Commission (CPSC) considers
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February 15, 2016 - FDA, Food Misbranding, Retail
Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims
We’ve all heard about food fads: Paleo, artisanal, farm-to-table. But what about food litigation fads? Plaintiffs’ lawyers must scour the same grocery aisles, judging from their past “sweet tooth” obsession with “evaporated cane juice” (ECJ). But—with most courts in this District staying ECJ cases
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February 12, 2016 - False Advertising, FDA, Consumer Products
Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action
The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to dismiss plaintiff Troy Backus’ appeal of a district
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February 08, 2016 - FDA, Drug & Medical Device, Product Liability, MDL
Defendants Find Relief from Burdensome Discovery Requests
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
Litigation often involves lengthy battles over the proper scope of discovery. Defendants with substantial resources frequently find themselves on the receiving end of unreasonable discovery requests in an attempt to overwhelm the party and stall litigation. A recent district court decision in In re
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January 19, 2016 - TCPA
Do NOT Leave a Message at the Tone
By: Tiffany Cheung
The Fifth Circuit recently reversed partial summary judgment in favor of the plaintiff in a TCPA claim, finding that summary judgment instead should have been granted to the defendant on four of the seven calls at issue. Ybarra v. Dish Network, L.L.C. , No.
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January 14, 2016 - Consumer Products, CPSC
CPSC Launches “Regulatory Robot”
By: Erin M. Bosman and Julie Y. Park
Businesses face a daunting task when attempting to comply with the U.S. Consumer Product Safety Commission’s (CPSC) reporting requirements. In an effort to simplify and streamline the process for consumer products providers, CPSC recently launched a “Regulatory Robot” designed “to guide you through. ..
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January 12, 2016 - TCPA
Dead on Arrival
By: Tiffany Cheung
After noting at oral argument that the plaintiff’s TCPA claim was one of the “silliest” the court had ever encountered, the Ninth Circuit issued an order affirming dismissal of the plaintiff’s suit. Roberts v. Paypal, Inc. , No. 13-16304, 2015 WL 6524840 (9th Cir.
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Welcome to Class Dismissed

New York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot Class Plaintiffs’ Claims

By: Penelope A. Preovolos

Court Stays Away from Trans Fat in General Mills Case

A-1 Self-Storage Unit Protection Plan: California Court of Appeal Defers to Agency Interpretation of the Insurance Code

Rules Change, and So Does CPSC’s Involvement in the Development of Voluntary Standards

Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated Cane Juice Claims

Ninth Circuit: No Relief from Stay in General Mills’ Trans Fats Case Pending FDA Action

Defendants Find Relief from Burdensome Discovery Requests

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

Do NOT Leave a Message at the Tone

By: Tiffany Cheung

CPSC Launches “Regulatory Robot”

By: Erin M. Bosman and Julie Y. Park

Dead on Arrival

By: Tiffany Cheung