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District Courts Apply Ninth Circuit Precedent to Dismiss Deceptive Labelling Claims

The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels...more

Ninth Circuit Holds that Implied Preemption Bars State Law Claims Based on a Violation of the FDCA

In Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc., 48 F.4th 1040, 1041 (9th Cir. 2022), the Ninth Circuit recently held that the implied preemption doctrine barred state law claims because they were...more

Developments in Biometric Information Privacy Laws

In 2008, Illinois became the first state to enact a Biometric Information Privacy Act (BIPA). BIPA regulates “the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and...more

Risto v. Screen Actors Guild: A Look at Article III Standing of Absent Class Members in the Ninth Circuit

Article III standing is a threshold jurisdictional requirement in all cases, including putative class actions. It is well settled that a named plaintiff must have constitutional standing throughout a case for subject matter...more

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