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.

September 21, 2020 - Product Liability, Trials, Consumer Products, CPSC
Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard
By: Erin M. Bosman, Julie Y. Park and Erin P. Lupfer
The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and
... ›
September 17, 2020 - Coronavirus (COVID-19), FDA, Drug & Medical Device, Product Liability
First Decisions Limit PREP Act Immunity in Coronavirus Context
By: Erin M. Bosman and Julie Y. Park
When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and medical products. So far, so good: the first court decisions interpreting PREP Act
... ›
September 16, 2020 - Appellate & Supreme Court, Product Liability
Getting Specific: Supreme Court Once Again Examines Limits of Personal Jurisdiction in Ford Motor Company Cases
By: Grant J. Esposito, Brian R. Matsui and Adam L. Sorensen
Despite their repeated efforts to provide guidance to lower courts, the Justices once again find themselves in a familiar position: attempting to clarify the constitutional limits on courts’ power to exercise personal jurisdiction over defendants. The Supreme Court’s docket has seen a steady stream
... ›
September 15, 2020 - False Advertising, NAD, Consumer Products, FTC, Class Action
Advertising Checklist for In-House Counsel
By: Penelope A. Preovolos and Claudia M. Vetesi
Along with making their advertising materials eye-catching and influential, consumer‑facing companies need to ensure that their representations about products and services comply with advertising laws. This article discusses basic advertising law, some things to avoid and some things to do. Although every state has
... ›
August 19, 2020 - False Advertising, Class Action
Fool Me Once, No Injunctive Relief on Behalf of a Class of Purchasers
By: Nancy R. Thomas and Matthew E. Ladew
Does a plaintiff who files a class action alleging false advertising have Article III standing to seek injunctive relief—even when that plaintiff is a past purchaser of the product, and therefore is aware of the defendant’s allegedly false statements regarding the product? The Ninth
... ›
August 13, 2020 - Class Action, FCRA
Ninth Circuit Confirms No Choice-of-Law Analysis Necessary to Certify Settlement Class
By: Claudia M. Vetesi
The Ninth Circuit recently issued an opinion holding that district courts usually need not engage in rigorous analysis under the predominance inquiry of Rule 23(b)(3) before certifying a settlement class. In Jabbari v. Farmer ,[1] the Ninth Circuit affirmed the district court’s certification of
... ›
July 16, 2020 - Appellate & Supreme Court, TCPA
Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)
By: Tiffany Cheung and Tiffani B. Figueroa
Barr v. Am. Ass’n of Political Consultants, Inc. , 2020 WL 3633780, 591 U.S. __ (2020).[1] Earlier this month, the Supreme Court held, in a fractured decision yielding multiple concurring or dissenting opinions, that the 2015 government-debt exception to the Telephone Consumer Protection Act
... ›
July 16, 2020 - Appellate & Supreme Court, FTC
U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority
By: Jessica Kaufman, Julie O'Neill and Lena H. Hughes
The 1914 Federal Trade Commission Act (FTCA) created the Federal Trade Commission (FTC or “the Commission”) and empowered it to prevent, and provide redress to consumers affected by, unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce. In 1973,
... ›
July 07, 2020 - Appellate & Supreme Court, Class Action, FCRA
Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of Remedial Measures
By: Nancy R. Thomas
The Ninth Circuit recently issued an opinion addressing standing and willfulness under the Fair Credit Reporting Act (FCRA). In Ramirez v. TransUnion ,[1] the Ninth Circuit affirmed a jury verdict and punitive damages award, although it reduced those damages by a third. The court
... ›
July 01, 2020 - False Advertising, Consumer Products, Class Action
Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available
By: Jessica L Grant
Earlier this month, the Ninth Circuit held that state law cannot expand or confine a federal court’s power to issue equitable restitution because federal courts are bound by traditional equitable principles, which require, among other things, a showing of an inadequate remedy at law.
... ›

Welcome to Class Dismissed

Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard

By: Erin M. Bosman, Julie Y. Park and Erin P. Lupfer

First Decisions Limit PREP Act Immunity in Coronavirus Context

By: Erin M. Bosman and Julie Y. Park

Getting Specific: Supreme Court Once Again Examines Limits of Personal Jurisdiction in Ford Motor Company Cases

By: Grant J. Esposito, Brian R. Matsui and Adam L. Sorensen

Advertising Checklist for In-House Counsel

By: Penelope A. Preovolos and Claudia M. Vetesi

Fool Me Once, No Injunctive Relief on Behalf of a Class of Purchasers

By: Nancy R. Thomas and Matthew E. Ladew

Ninth Circuit Confirms No Choice-of-Law Analysis Necessary to Certify Settlement Class

By: Claudia M. Vetesi

Federally-Backed Debt Collection Exception Not the Supreme Court’s Cup of T(CPA)

By: Tiffany Cheung and Tiffani B. Figueroa

U.S. Supreme Court’s Decision to Review a Pair of FTCA Cases Could Spell a Sea Change in FTC’s Enforcement Authority

By: Jessica Kaufman, Julie O'Neill and Lena H. Hughes

Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of Remedial Measures

By: Nancy R. Thomas

Ninth Circuit Holds Plaintiffs Not Entitled To Equitable Restitution Under UCL/CLRA If Adequate Remedy At Law Is Available

By: Jessica L Grant