Class Dismissed

December 04, 2020 - Privacy, Consumer Products, Class Action
5 Tips For In-House Counsel Anticipating Cyber Class Actions
David McDowell and Nancy Thomas authored an article for Law360 where they share five things in-house counsel can do when facing data breach class actions. First on the list is creating a strong foundation. “Depending on the nature and scope of the breach, companies
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November 24, 2020 - Coronavirus (COVID-19), Public Readiness and Emergency Preparedness Act (PREP Act), Announcements & Press, Drug & Medical Device, Product Liability, MDL, Class Action
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,
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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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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 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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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
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July 07, 2020 - Appellate & Supreme Court, Class Action, FCRA
Ninth Circuit Addresses FCRA Standing Analysis and Emphasizes Importance of Remedial Measures
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
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