Topic Archives: Class Action

November 24, 2020 - Announcements & Press, Class Action, Coronavirus (COVID-19), Drug & Medical Device, MDL, Product Liability, Public Readiness and Emergency Preparedness Act (PREP Act)

Join Us: Drug & Medical Device Litigation Conference

By: Erin M. Bosman and Julie Y. Park

MoFo is a proud sponsor of the American Conference Institute’s Drug & Medical Device Litigation Conference, the premier products liability litigation event for the pharmaceutical and medical device industries for the past 24 years, to be held virtually on December 8 – 9, 2020. Erin …›

November 5, 2020 - Class Action, MDL

A Rule 23 Negotiation Class? Not So Fast!

By: David J. Fioccola and 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 …›

October 19, 2020 - Arbitration, Class Action

Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements

By: Angela E. Kleine and Neil S. Tyler

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, …›

October 9, 2020 - Arbitration, Class Action, Consumer Products, TCPA

Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree

By: Sylvia Rivera

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. …›

September 30, 2020 - ADA, Class Action, Coronavirus (COVID-19)

Are You Covered? Warnings From Recent Face Mask Litigation

By: Janie F. Schulman, Neil S. Tyler, and Michelle Sosa-Acosta

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 …›

September 15, 2020 - Class Action, Consumer Products, FTC, False Advertising, NAD

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 - Class Action, False Advertising

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 Circuit …›

August 13, 2020 - Class Action, FCRA

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

By: Claudia M. Vetesi and Spencer McManus

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 a …›

July 7, 2020 - Class Action, FCRA

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

By: Nancy R. Thomas and Cheyenne Overall

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 held …›

July 1, 2020 - Class Action, Consumer Products, False Advertising

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

By: Jessica L Grant and Anastasiya V. Menshikova

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. …›