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 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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January 12, 2016 - False Advertising, Class Certification, Food Misbranding
Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing
On January 5, 2016, in Torrent v. Yakult U.S.A., Inc. , U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and advertising claims. The Court found that
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January 05, 2016 - TCPA
Is Your Smartphone an Autodialer?
By: Tiffany Cheung
The Third Circuit has become the first appellate court to endorse the FCC’s broad definition of “autodialer” under the TCPA. In a July 10 declaratory ruling , the FCC defined “autodialer” as any device with the capacity to store or produce randomly or sequentially
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December 18, 2015 - Product Liability, Aviation & Drones, FAA
FAA Announces Drone Registration, but Legal Challenges Loom
Note: In light of the FAA’s announcement of the drone registry, we’ve revisited our recent analysis of its authority to require registration.] On December 14, 2015, the FAA issued the much-anticipated “Registration and Marking Requirements for Small Unmanned Aircraft Interim Final Rule” (the “Interim
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December 17, 2015 - FDA, Drug & Medical Device, Product Liability, Government Actions
New Settlement Highlights FDA’s Diminishing Power Over Off-Label Promotion
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira’s anesthetic drugs. This settlement represents the latest marker of the FDA’s diminishing
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December 15, 2015 - ADA, Drug & Medical Device, Product Liability
Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption
By: Erin M. Bosman and Julie Y. Park
Last week, the Sixth Circuit Court of Appeals issued a groundbreaking opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. that could change the liability landscape for brand-name drug manufacturers. No. 15-3104 (6th Cir. Dec. 11, 2015). Yates is the first federal appellate authority to recognize
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Welcome to Class Dismissed

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

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

Is Your Smartphone an Autodialer?

By: Tiffany Cheung

FAA Announces Drone Registration, but Legal Challenges Loom

New Settlement Highlights FDA’s Diminishing Power Over Off-Label Promotion

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

Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption

By: Erin M. Bosman and Julie Y. Park