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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 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 and Julie Y. Park
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
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: Alexandra Preece Barlow
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: Adam J. Hunt
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 and Alexandra Preece Barlow
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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April 14, 2022 - Food Misbranding, Consumer Products
Till the Cows Come Home: Tenth Circuit’s Affirmation of Federal Preemption Is a Win for Defendants in Food Labeling Cases
By: Julie Y. Park
The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc. , No. 20-2124, 2022 WL 727628 (10th Cir. Mar. 11, 2022).
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April 13, 2022 - False Advertising, FDA, Product Liability, Consumer Products, Retail
Rulings, FDA Guidance May Help Food Cos. In Protein Suits
By: Claudia M. Vetesi and Lena Gankin
Originally published by Law360 , Claudia Vetesi, Nicole Ozeran, and Lena Gankin authored an article discussing a wave of protein-labeling lawsuits hitting food manufacturers, alleging that their products’ front-label protein content statements violate U.S. Food and Drug Administration (FDA) regulations, and mislead consumers by overstating the amount
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March 22, 2022 - Privacy, FTC, Class Action
Deleting the Data: A Future Trend in Data Privacy Settlements?
By: Jessica Kaufman and Adam J. Hunt
Meta recently agreed to settle one of the longest-running data privacy lawsuits in the United States. [1] The lawsuit challenged the company’s use of cookies to track users, including after they have logged out of their Facebook accounts. The significance of In re Facebook
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March 22, 2022 - Privacy
California AG Issues First CCPA Opinion: Consumers’ “Right to Know” Includes Businesses’ Internally Generated Inferences
The California Office of the Attorney General (OAG) recently concluded that the California Consumer Privacy Act (CCPA) generally requires a covered business to disclose, upon request, its inferences about a consumer— whether generated internally or obtained from another source —unless the business can demonstrate
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