No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot...
On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil...
View ArticleClass Dismissed . . . But not Quite: Supreme Court to Review Appealability of...
Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court...
View ArticleNo Capacity and No Liability: Court Rules Dialing System Is Not Subject to...
In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to...
View ArticleA Tall Drink of Water: Ninth Circuit Affirms Dismissal of Costco VitaRain...
On May 5, 2016, the Ninth Circuit affirmed a district court’s decision to dismiss, without leave to amend, a class action complaint alleging a violation of the Washington Consumer Protection Act...
View ArticleClik here to view.
California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App...
In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile...
View ArticleGeneralized Products Liability Claims Not Viable Post-Spokeo
The Supreme Court case Spokeo, Inc. v. Robins reaffirmed and clarified the requirements necessary for plaintiffs to establish standing.[1] As evidenced by the recent First Circuit case Hochendoner v....
View ArticleThe Devil’s in the Details: Court Dismisses “Made in the U.S.A.” Fraud Claims...
On April 22, 2016, in Alaei v. Kraft Heinz Food Co. (“Heinz”), No. 3:15-cv-02961, Southern District of California Judge Michael M. Anello granted defendant Heinz’s motion to dismiss without prejudice...
View ArticleStill Waiting—FDA Delays Rulemaking
The FDA recently announced that it would once again delay promulgation of its proposed rule for generic drug labeling obligations. This action followed introduction of a spending bill that would have...
View ArticleFederal Toxics Law Grows Up: Congress Strengthens the Toxic Substances...
President Obama has signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substances Control Act (TSCA) for the first time since it was enacted in 1976. The...
View ArticleClik here to view.
FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems
On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after...
View ArticleClik here to view.
Nationwide GE Labeling Leaps Forward
Four years after California’s genetically engineered (GE) food labeling initiative was defeated, but just days before Vermont’s GE law is to go into effect, the U.S. Senate is poised to impose such...
View ArticleClik here to view.
LogMeIn Class Action Dismissed: Termination of Free App Not False Advertising
A judge in the Eastern District of California recently dismissed a class action filed against LogMeIn based on the company’s decision to terminate its free app, which allowed users to access a remote...
View ArticleClik here to view.
First Circuit Issues Potentially Significant Ruling on Federal Video Privacy...
The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important...
View ArticleClik here to view.
Warning Labels Suit Not Suitable for Preliminary Injunction
In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against...
View ArticleClik here to view.
Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha”...
If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this client alert. In what amounts to a feeding frenzy,...
View ArticleClik here to view.
FDA Releases Draft Guidance For Updating Generic Drug Labels
The U.S. Food and Drug Administration (FDA) recently released a draft guidance document with the goal of facilitating certain updates to abbreviated new drug application (ANDA) labels. In particular,...
View ArticleClik here to view.
California Adopts the Sophisticated Intermediary Doctrine
In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to...
View ArticlePresident Signs Federal GMO Food Labeling Bill
On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with...
View ArticleClik here to view.
Ninth Circuit Affirms Dismissal of Fraud-Based UCL Claims Based on Lack of...
The Ninth Circuit Court of Appeals’ recent decision in Haskins v. Symantec Corp., Case No. 14-16141 (9th Cir. June 20, 2016), supports the requirement that plaintiffs must allege exposure to and...
View ArticleClik here to view.
App Developer Not Liable Under TCPA For User-Initiated Texts
A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E....
View Article