Court Stays Away from Trans Fat in General Mills Case
A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On...
View ArticleNew York Federal Court Rejects First Attempt Since Campbell-Ewald to Moot...
In Campbell-Ewald v. Gomez, __ S.Ct. __ (Jan. 20, 2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief did not moot a class plaintiff’s claim or require...
View ArticleNAD Recommends Church & Dwight Discontinue OxiClean “Scary Bleach”...
On January 29, 2016, NAD recommended that Church & Dwight, the maker of OxiClean White Revive, modify or discontinue various advertising claims conveying the message that chlorine bleach is...
View ArticleDiet Pill Company Sale Slash to Pay $43 Million in Settlement with FTC Over...
On February 2, 2016, the FTC settled claims against Sale Slash LLC regarding the marketing of its weight loss pills, including Premium Green Coffee, Pure Garcinia Cambogia, Premium White Kidney Bean...
View ArticleChobani Suffers Setback in Greek Yogurt Wars
Chobani recently suffered a major setback in its battle with Dannon over the advertising of low-calorie Greek yogurt. Judge David Hurd of the Northern District of New York issued a preliminary...
View ArticleInternet of Things: Whose Data Is It Anyway?
The Internet of Things (IoT) is booming. Smart cars, wearable health trackers, connected medical devices, drones—entrepreneurs and evolving industry are connecting to the world in ways only science...
View ArticleWelcome to Class Dismissed
Morrison & Foerster is pleased to announce the launch of our new Class Dismissed blog. Through Class Dismissed, attorneys from our nationally recognized Consumer Class Action and Product Liability...
View ArticleHIPAA and Health Care Apps: Is Your App Covered?
Health care apps are one of the most important and growing segments in the ecosystem known as the Internet of Things (IoT). After the recent amendments to the Health Insurance Portability and...
View ArticleNinth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill...
On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a...
View ArticleTesting 101: Court Dismisses Whole Foods’ Yogurt MDL over Failure to Comply...
On February 16, 2016, U.S. District Judge Sam Sparks of the Western District of Texas dismissed a multidistrict litigation involving 11 putative class action lawsuits against various Whole Foods...
View ArticleChocolate Giant Need Not Disclose Child Labor in Supply Chain
Judge Richard Seeborg of the Northern District of California ruled earlier this month in Hodsdon v. Mars, Inc., Case No. 3:15-cv-04450, that neither the FAL, the UCL, nor the CLRA require a company to...
View ArticleCPSC Pledges Higher Penalties
Earlier this month, CPSC Chair Elliot Kaye told regulators, industry, and lawyers about the CPSC’s priorities for the coming year. At the top of the list were increased civil penalties for failure to...
View ArticleU.S. Supreme Court Ruling Upholds Arbitration Over Class Action Litigation
On December 14, 2015, the Supreme Court overturned the California Court of Appeal and held that California’s law against class arbitration waivers does not invalidate arbitration clauses in agreements...
View ArticleCertification by Statistics: U.S. Supreme Court Upholds Use of Statistical...
Yesterday, the U.S. Supreme Court issued a 6-2 decision affirming a $2.9 million judgment against Tyson Foods, Inc. in an employment overtime pay case where statistical sampling was used to establish...
View ArticlePoint Counterpoint: New York Federal Court Holds Payment of Plaintiff’s Claim...
A New York federal court has held that a defendant’s payment of the amount of plaintiff’s TCPA claim plus costs to the clerk of the court required entry of judgment for the plaintiff and ended the...
View ArticleThe (Not So) Sweet Sound of FDA’s Silence: Judge Seeks Answers from FDA on...
We recently reported on developments in evaporated cane juice (ECJ) stays pending the FDA’s finalized guidance on the ingredient. (See Reviving a Forgotten Fad: Three Judges Lift Stays of Evaporated...
View ArticleCut the Fat . . . Just Not Yet: Court Rules that PHO Claims Are Preempted
Northern District of California Judge Maxine Chesney recently granted Nestlé’s motion to dismiss a challenge to partially hydrogenated oil (PHO) in Nestlé’s Coffee-mate® coffee-creamer products,...
View ArticleFederal Preemption Claims: Clear Evidence and an Unclear Standard
Last week, a federal court in Utah granted Aventis Inc.’s motion for summary judgment based on federal preemption of failure-to-warn claims. Cerveny v. Aventis, Inc., 2016 U.S. Dist. LEXIS 34182 (D....
View ArticleNinth Circuit Revives Chobani Yogurt Action, But Puts Claims on Ice and...
There has been much recent discussion of the primary jurisdiction doctrine, as well as stay motions based on the doctrine, related to FDA’s review of its evaporated cane juice (ECJ) draft guidance....
View ArticleMorrison & Foerster Attorney William Stern Releases 2016 Update to The Rutter...
The Rutter Group’s Bus. & Prof. C. § 17200 Practice 2016 update is now available. MoFo’s own William Stern is the author of The Rutter Group’s treatise, which covers plaintiff and defense...
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