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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.

November 05, 2020 - MDL, Class Action
A Rule 23 Negotiation Class? Not So Fast!
By: Robert J. Baehr
In the sprawling National Prescription Opiate Litigation (MDL 2804), proponents of a “negotiation class” recently asked the Sixth Circuit for en banc review of a September 2020 decision that struck down the novel class mechanism. Arguing that the 2-1 panel decision imposed an impermissibly
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October 19, 2020 - Appellate & Supreme Court, Arbitration, Class Action
Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements
This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims from arbitration. Henry Schein, Inc. v. Archer & White Sales,
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October 09, 2020 - TCPA, Consumer Products, Arbitration, Class Action
Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree
If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement? The Ninth Circuit recently answered “no” in Revitch v.
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October 08, 2020 - Appellate & Supreme Court, Product Liability
Once More Into the Jurisdictional Morass: Supreme Court Grapples With Specific Jurisdiction at Oral Argument in Ford Cases
By: Brian R. Matsui
The Supreme Court heard roughly an hour of oral argument on Wednesday in a pair of cases against Ford Motor Company raising important questions about the scope of personal jurisdiction. In Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co.
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September 30, 2020 - ADA, Coronavirus (COVID-19), Class Action
Are You Covered? Warnings From Recent Face Mask Litigation
While the use of masks to combat the spread of COVID-19 has become a politicized issue in the United States, the scientific community largely agrees that wearing face coverings is one of the most effective ways to slow infections.[1] State and local governments have
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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 and Julie Y. Park
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
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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
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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: Brian R. Matsui
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
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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
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August 19, 2020 - False Advertising, Class Action
Fool Me Once, No Injunctive Relief on Behalf of a Class of Purchasers
By: 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
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