Passing on Preemption: Ninth Circuit Holds That California’s Sherman Law Is Not Impliedly Preempted
- While it rarely rules on questions of preemption, the Ninth Circuit took an even rarer step on July 1, 2024 when it took up the question of whether private parties can seek to enforce the provisions of California’s Sherman Law that parallel federal law.... ›
Beware of Conflicting Terms: When Customers Entered into Multiple Contracts, SCOTUS Says Courts Must Decide Which One Governs Arbitrability
By: Adam J. Hunt and Jenny Morris
On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski , No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to enforceability. In Justice Jackson’s unanimous opinion, the Court found that... ›Health Halo Trend Continues With poppi "Gut Healthy" Sodas
By: Claudia M. Vetesi and Lauren N. Margolies
Are Prebiotic Drinks Plaintiffs’ Bar’s Next Target? Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in cans with label... ›Implied Preemption for Dietary Supplements Is Here to Stay
By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Ashley E. Quinn
On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The plaintiff claimed that the label of a dietary... ›5 Most Notable Class Action Standing Cases Of 2023
By: Erin M. Bosman, Penelope A. Preovolos and Brittany Scheinok
Erin Bosman, Penelope Preovolos and Brittany Scheinok published an article in Law360 highlighting key class action decisions from 2023 that continued the trend of a more demanding approach to the threshold issue of standing following the U.S. Supreme Court's 2021 decision in TransUnion LLC... ›Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability
By: Katie L. Viggiani
In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is... ›2023 Class Action Law Forum Recap: Privacy Class Actions Panel
By: Lauren N. Margolies
As more organizations collect data to enhance their products or services, privacy is in the forefront of everyone’s minds, earning it a place in the class action spotlight. At the 2023 Class Action Law Forum, the Honorable Vince Chhabria (Northern District of California), Jean Martin... ›2023 Class Action Law Forum Recap
For the third year in a row, Morrison Foerster sponsored and Complex Litigation + Advisement Co-Chair, Erin M. Bosman, co-chaired the Western Alliance Bank Class Action Law Forum™ (CALF). Over 200 people registered to attend CALF, which is hosted in collaboration with the University of... ›No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions
A key contested issue in data breach class actions is whether plaintiffs can satisfy Article III’s injury-in-fact requirement by alleging risk of future harm rather than actual misuse of plaintiffs’ personal information. As the number of data breach class actions filed continues to rise,... ›Applying BIPA’s Health Care Exemption to Virtual Try-On Technologies in Light of Dior Dismissal
By: Melissa M. Crespo and Morgan O'Neill Mitruka
A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc ., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s... ›