Class Dismissed

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 27, 2017 - Product Liability, CPSC
Shift In CPSC Leadership Means More Changes To Come
By: Erin M. Bosman and Julie Y. Park
At the midpoint of 2017, we look back on the U.S. Consumer Product Safety Commission’s activity under the new administration, including how recalls and penalties stack up against previous years, new focal points for safety initiatives and enforcement and an interesting development from the
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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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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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May 19, 2017 - False Advertising, Drug & Medical Device, Product Liability, Consumer Products
Ninth Circuit Affirms No Private Right of Action to Enforce Lack of Substantiation Claims in SeroVital False Advertising Class Action Case
The Ninth Circuit recently affirmed a district court’s dismissal of plaintiff’s unfair competition law and consumer legal remedies claims, finding that neither claim provided plaintiff with a private cause of action to enforce the substantiation provisions of California’s unfair competition and consumer protection law.
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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
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