Class Dismissed

September 21, 2017 - Privacy, Aviation & Drones, Consumer Products, Government Actions
Wheels Are Turning on Federal Self-Driving Policy
One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning. The U.S. House of Representatives earlier this month
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August 31, 2017 - Product Liability, Consumer Products, CPSC
CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics
By: Erin M. Bosman, Julie Y. Park and Brittany Scheinok
In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) eliminated third-party testing for compliance with CPSC’s phthalates prohibitions for seven plastics. The Commission decided that these plastics with specified additives do not contain concentrations above 0.1% of the phthalates prohibited in children’s
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August 08, 2017 - Drug & Medical Device, Product Liability, Consumer Products
Bristol-Myers Squibb: The Aftermath
By: Erin M. Bosman and Julie Y. Park
Last month, the U.S. Supreme Court clarified the scope of specific personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017) (“BMS”). Mass tort defendants have wasted little time in moving to dispose of claims from nonresident plaintiffs
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August 01, 2017 - Environmental Law, Product Liability, Consumer Products
Warning: New Proposition 65 Warning Regulations Taking Effect
A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for providing Prop 65 warnings. Companies that have not yet started preparing
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July 11, 2017 - Appellate & Supreme Court, FDA, Drug & Medical Device, Product Liability, Consumer Products
FDA’s Denial of Citizen’s Petition “Clear” Enough for Preemption of Failure-to-Warn Claims
By: Erin M. Bosman and Julie Y. Park
The Tenth Circuit recently upheld a Utah district court’s finding that a branded drug manufacturer could not be held liable for failing to warn consumers about alleged birth defect risks when the FDA had previously rejected a citizen’s petition calling for the same warnings.
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July 10, 2017 - Environmental Law, Product Liability, Consumer Products
California Adopts First Green Chemistry Regulations for Children’s Nap Mats and Provides Important Guidance for Its Alternatives Analysis
California took two important steps forward to implement its new Green Chemistry Initiative, also known as the Safer Consumer Products (SCP) Program, to regulate and encourage replacement of toxic chemicals in consumer products. First, it adopted new regulations for its first priority product, children’s
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July 07, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
UPDATE: The Revival of ECJ Lawsuits*
*This is an update to a previous post on the Class Dismissed blog, seen here. On June 8, 2017, Judge Carney dismissed Plaintiff’s class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint
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June 23, 2017 - Appellate & Supreme Court, Drug & Medical Device, Product Liability, Consumer Products, Class Action
Supreme Court Says “No” to “Litigation Tourism”
There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California , No. 16-466.
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June 13, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action
Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker
By: Claudia M. Vetesi
Introduction. Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al. , a closely watched case in the class action world, and one on which we previously reported here. Baker presented the following question: Can a
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June 12, 2017 - False Advertising, FDA, Food Misbranding, Consumer Products
The Revival of ECJ Lawsuits: Sweet Tooth For Plaintiffs, or Toothless Claims?
Introduction. On May 22, 2017, plaintiff Jessica Gomez filed an opposition on behalf of a putative class of consumers urging a federal district court judge not to dismiss her lawsuit against Jelly Belly Co. (“Jelly Belly”) for allegedly misleading consumers by listing “evaporated cane
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