Morrison & Foerster LLP - Class Dismissed

Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
Areas of Practice
  • Class Action
  • Environmental Law
  • Health
  • Litigation
  • Products Liability
Other U.S. Locations
  • California
  • Colorado
  • D.C.
  • New York
  • Virginia
Other Countries
  • Belgium
  • China
  • Hong Kong
  • Japan
  • United Kingdom
Number of Attorneys
1,000+ Attorneys

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule 23(b)(2)…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection, Environmental Law, Transportation

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is limited…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

Nomination of a New Chairman at the CPSC

With the start of the new year, President Trump again nominated Republican Ann Marie Buerkle to chair the U.S. Consumer Product Safety Commission (CPSC). Her expected confirmation will continue to push the CPSC in a more…more
 /  Consumer Protection, Elections & Politics

TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action

In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the…more
 /  Civil Procedure, Communications & Media Law, Consumer Protection, Science, Computers, & Technology

3D Printing Meets Medical Devices: FDA Weighs In On Additive Manufacturing

In December, the U.S. Food and Drug Administration (FDA) issued guidance on Technical Considerations for Additive Manufactured Medical Devices. The guidance represents FDA’s efforts to provide regulatory direction about…more
 /  Health, Products Liability, Science, Computers, & Technology

Connected Devices Bring New Product Liability Challenges

"My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact of consumer advocacy…more
 /  Communications & Media Law, Consumer Protection, Products Liability, Science, Computers, & Technology

California Class Actions: 2018 Update

I. TWO SCOTUS DECISIONS THAT MATTERED - A. Litigation Tourism, Type 1: Bristol-Myers Squibb. - If you are sued by a “litigation tourist” in a class or mass action and suit is not brought in your home state, you now have a…more
 /  Business Organizations, Civil Procedure, Commercial Law & Contracts, Constitutional Law

Makeup Shake Up: Potential New Federal Cosmetics Regulations

“Make fine lines and wrinkles disappear!” “Reduce the visibility of fine lines and wrinkles!” At first read, these claims sound one in the same. But for decades, a slight difference in phrasing of cosmetics claims—created as…more
 /  Business Organizations, Commercial Law & Contracts, Consumer Protection, Products Liability

California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds

On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false…more
 /  Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

CPSC Issues Final Rule Expanding Phthalate Ban

Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five more. The rule bans the…more
 /  Consumer Protection, Products Liability

Ninth Circuit Finds Lower Court Erred in Flushing “Flushable” Wipes False Advertising Claims

On October 20, 2017, a unanimous Ninth Circuit panel in Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017), resolved a circuit-wide split on injunctive standing requirements in the misbranding context. The panel…more
 /  Communications & Media Law, Consumer Protection, Products Liability

Expiring Soon: Temporary BPA Warning Regs Under Prop 65

With the holidays and end of the year quickly approaching, here is what food and beverage manufacturers and sellers need to know before the temporary Proposition 65 safe harbor warning for Bisphenol A (BPA) exposures expires on…more
 /  Administrative Law, Consumer Protection, Environmental Law, Products Liability, Science, Computers, & Technology

Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement Action

A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). The court’s 23-page opinion is a strong reminder…more
 /  Civil Procedure, Consumer Protection, Products Liability

Buerkle Poised to Take Her Seat

On October 4, the U.S. Senate Committee on Commerce, Science, and Transportation approved Ann Marie Buerkle’s (R-NY) nomination to the position of Chair of the Consumer Product Safety Commission (CPSC) after a two-day hearing. …more
 /  Consumer Protection, Elections & Politics
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