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Consumer Protection Civil Procedure Science, Computers & Technology

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

New Favorable Risperdal Decisions

by Reed Smith on

Risperdal, an antipsychotic drug prescribed to treat serious mental conditions – schizophrenia, manic depression, and autism – allegedly causes some male users to develop abnormal breast tissue growth. Particularly when...more

Apple Takes Bite From Data Security False Ad Suit

Apple scored a victory in a data security suit when a California federal court judge denied a plaintiff’s motion to certify a class of consumers asserting false advertising claims....more

OCC files renewed motion to dismiss state regulators’ challenge to fintech company special purpose national bank charter proposal

by Ballard Spahr LLP on

The Office of the Comptroller of the Currency (OCC) has filed a renewed motion to dismiss the lawsuit filed by the Conference of State Bank Supervisors (CSBS) in D.C. federal district court challenging the OCC’s authority to...more

Comment K and Non-Implanted Medical Devices

by Reed Smith on

About two years ago, in our post “How Does a Bad Idea Get Implanted,” we discussed what at the time seemed a California peculiar argument that the “unavoidably unsafe” product doctrine epitomized by Restatement (Second) of...more

Guest Post – Causation or No Causation, That Is the Question.

by Reed Smith on

Today we feature another guest post from our European correspondents, Reed Smith partner Marilyn Moberg and associate Kathryn Bond. There has been another EU development from the Court of Justice (its description, not ours)...more

TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out...more

Rx IP Update - July 2017

by Smart & Biggar on

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67

In Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s...more

A Sometimes Overlooked Fact About Express Warranty

by Reed Smith on

The warranty is “express.” Before you say, “Well, duh,” this sometimes actually does matter. Here’s how. Most complaints in product liability actions involving prescription medical products that include express warranty...more

FDA’s Denial of Citizen’s Petition “Clear” Enough for Preemption of Failure-to-Warn Claims

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...more

A Cautionary Tale Regarding Case and Witness Preparation in Third Circuit TCPA and FDCPA Decision

by Hinshaw & Culbertson LLP on

In a cautionary tale for the defense bar, the Third Circuit recently upheld a consumer's TCPA claims and reversed summary judgment on the FDCPA claims in Daubert v. NRA, Nos. 16-3613 and 16-3629 (3d Cir. July 3, 2017)....more

A Double Whammy for California Design Defect Claims

by Reed Smith on

Finally, some good news out of California – at least when personal jurisdiction isn’t the issue. Design and warning defects were the questions presented in Trejo v. Johnson & Johnson, ___ Cal. Rptr.3d ___, 2017 WL 2825803...more

TCPA Connect - June 2017 #2

Revocation? Think Again. - On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

Second Circuit Holds That Printing of Expiration Date Is a Bare Procedural Violation of FACTA That Is Inadequate Under Spokeo to...

by Davis Wright Tremaine LLP on

Addressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has...more

MoFocus: Our Insights into the Risk + Crisis Landscape - Vol.1 Issue. 1

by Morrison & Foerster LLP on

What Companies Should Be Doing to Prepare for the Next Ransomware Attack - The “WannaCry” cyberattack that struck in May paralyzed businesses, government entities, and Britain’s National Health Service, encrypting computer...more

Neiman Marcus Settles Data Breach Consumer Class Action For $1.6 Million

by King & Spalding on

On June 21, 2017, the U.S. District Court for the Northern District of Illinois entered an order granting preliminary approval of a $1.6 million class action settlement between Neiman Marcus and a class of its customers whose...more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Consumer Protection Class Action Lawsuit Over “Free” Candy Crush Plays Will Proceed

by Reed Smith on

A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court. According to the complaint, Candy Crush, a popular mobile game, entices users into sharing the game with Facebook friends in...more

May 2017: Trademark & Copyright Litigation Update

Ninth Circuit Weighs in on Copyright Protectability of Downloads and Software Output. Copyright practitioners concerned about software, electronic data, and computer protection have long debated two questions (among many,...more

Retail and Consumer Products Law Roundup - May 2017

Supreme Court Refuses to Hear Interchange Settlement Appeal - The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in...more

Monthly TCPA Digest - May 2017

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Standing hurdles continue to bedevil data breach plaintiffs

Plaintiffs presenting a claim in federal court must have standing to sue, under Article III of the Constitution (as we have written about in the past). The Second Circuit recently entered an order reminding plaintiffs,...more

Consumer Financial Services Newsletter - May 2017

by Hinshaw & Culbertson LLP on

Southern District of California Denies Certification of Wrong Number TCPA Class - On March 28, 2017, the Southern District of California denied class certification in a case arising under the TCPA. Plaintiff alleged that...more

Nationwide Class Claims Under A Single State’s Consumer Protection Laws?

by Carlton Fields on

A flurry of recent consumer protection cases in California federal courts led to mixed results for defendants attempting to dismiss nationwide class claims based on the state’s choice of law rules. The U.S. District Court for...more

“Pre-Approval” Design Defects - No Such Thing

by Reed Smith on

As our post-Levine preemption cheat sheet demonstrates, Mensing/Bartlett preemption is breathing down the necks of all prescription drug design defect claims. Recent cases finding preemption of design defect claims due to...more

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