Class Dismissed

May 13, 2021 - Appellate & Supreme Court, Antitrust, Class Action, Mass Torts
FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?
By: Alexander Okuliar, David J. Shaw and Joseph Charles Folio III
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. [1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s
... ›
April 30, 2021 - Appellate & Supreme Court, FTC, Antitrust, Class Action
AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool
By: Bonnie Lau, Megan E. Gerking, David J. Fioccola, Adam J. Hunt and Michael G. Ahern
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade
... ›
April 09, 2021 - Announcements & Press, Product Liability, Class Action, Mass Torts
Erin Bosman and Julie Park Receive "Readers' Choice" Awards 2021
By: Erin M. Bosman and Julie Y. Park
JD Supra has recognized Morrison & Foerster as part of its Readers’ Choice Awards. The Awards recognize top authors and firms whose articles were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2020. Erin Bosman, co-chair
... ›
April 08, 2021 - Class Certification, Trials, Class Action
Second Circuit Affirms Class Decertification Based on Inadequate Representation
By: Jessica Kaufman and Adam J. Hunt
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al [1] is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation.
... ›
April 08, 2021 - Appellate & Supreme Court, Class Action, FCRA
Relief for the Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members are Uninjured (Ramirez v. TransUnion)
By: Penelope A. Preovolos, Claudia M. Vetesi and Lena Gankin
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g. , Tyson Foods, Inc. v. Bouaphakeo et.al. , 136 S. Ct. 1036,
... ›
April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer
By: Tiffany Cheung, Julie O'Neill and Michael Burshteyn
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an
... ›
March 26, 2021 - Product Liability, Trials, Class Action, Mass Torts
Close Enough: Horseshoes, Hand Grenades, and Specific Personal Jurisdiction
By: Grant J. Esposito and Brian R. Matsui
How close a connection does there need to be between a lawsuit and the defendant’s in-state activities for specific personal jurisdiction to apply? The Supreme Court issued a decision on that issue today in Ford Motor Co. v. Montana Eighth Judicial District Court and
... ›
January 19, 2021 - Privacy, TCPA, Class Action
Privacy Litigation 2020 Year in Review: TCPA Litigation
By: David J. Fioccola and Lily Valentine Westergaard
In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the
... ›
January 13, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung, Michael Burshteyn and Camille Framroze
Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products
... ›
January 07, 2021 - Coronavirus (COVID-19), Autonomous Vehicles & Robotics, Public Readiness and Emergency Preparedness Act (PREP Act), Product Liability, MDL, Consumer Products, Class Action, Emergency Use Authorization (EUA), CPSC
How 2020 Changed Product Liability — And What's Next
By: Erin M. Bosman, Julie Y. Park, Alexandra Preece Barlow and Erin P. Lupfer
Erin Bosman, Julie Park, and Alexandra Preece authored an article for Law360 discussing how product liability regulation and litigation changed in 2020 due to the impact of the COVID-19 pandemic, as well as upcoming trends. “In a year dominated by the pandemic and political
... ›