Class Dismissed

May 08, 2017 - Class Certification, FDA, Food Misbranding, Class Action
Ninth Circuit Revives Gerber Baby Food Class Action
By: Claudia M. Vetesi
Bruton v. Gerber, No. 15-15174. The district court had dismissed Plaintiff’s unjust enrichment claim, denied class certification for lack of an “ascertainable class,” and granted summary judgment to Gerber because Plaintiff lacked evidence of deception. The Ninth Circuit reversed the rulings and remanded the
... ›
May 04, 2017 - Product Liability, Consumer Products, Class Action
Closing the Door on Hybrid Product Defect/Fraud Claims
By: Erin M. Bosman and Julie Y. Park
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC (BMW) concerning the soft-closing automatic doors
... ›
May 03, 2017 - False Advertising, Class Certification, Class Action
Speaking Engagement: False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial
By: Purvi G. Patel
On Wednesday, June 14, 2017 at 12:00 pm, Morrison & Foerster partner Purvi Patel will be presenting at The Bar Association of San Francisco (BASF) CLE program “False Advertising Class Actions – Practitioner’s Guide to Class Certification, Damages and Trial.” Ms. Patel and her
... ›
April 24, 2017 - Product Liability, Consumer Products, Class Action
Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third Opportunity to Amend
On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with an alleged latent paint defect that caused the “self-healing” paint to bubble,
... ›
March 10, 2017 - Product Liability, Consumer Products, Class Action
House Passes Bill Proposing Sweeping Changes to Class Action Litigation
By: Claudia M. Vetesi
The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action litigation untouched. For example, the provisions require
... ›
February 10, 2017 - False Advertising, Consumer Products, Class Action, Retail
District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies misrepresented the cognitive benefits of two Ginkgo biloba products. Sonner v. Schwabe North
... ›
December 05, 2016 - Environmental Law, Class Action
The Ninth Circuit Kills GMO Pesticide Regulations in Hawaii Counties
On November 18, 2016, the Ninth Circuit issued five rulings rejecting three Hawaii counties’ attempts to regulate pesticides and genetically modified crops, finding that the regulations were preempted by state and federal laws. Alika Atay et al. v. County of Maui et. al. In
... ›
August 31, 2016 - False Advertising, Class Action, Retail
Third Time’s the Charm? Court Rejects Parties’ Second Settlement Agreement for Failure to Provide Sufficient Value to Class Members
District Court Judge Gonzalo Curiel recently considered and rejected—for the second time—a proposed class action settlement involving false advertising claims against a defendant jeans manufacturer. Hofmann v. Dutch, LLC , No. 3:14-cv-02418-GPC-JLB (S.D. Cal. Aug. 16, 2016). The court initially rejected the proposed settlement
... ›
August 17, 2016 - Class Action
Trending Now: Article III Standing After Spokeo
By: Claudia M. Vetesi
In Spokeo, Inc. v. Robins , the Supreme Court clarified the requirements necessary for plaintiffs to establish standing. The Court held that an allegation of a statutory violation, without some showing of concrete harm, is not enough. Concrete harm, however, is not synonymous with
... ›
August 10, 2016 - Product Liability, Consumer Products, Class Action
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of Reliance
The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp ., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and reliance on specific misrepresentations in order to maintain fraud claims. Plaintiff Kathleen
... ›