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Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking in...
The United States Court of Appeals for the Tenth Circuit recently vacated the Consumer Product Safety Commission’s (CPSC) 2014 rulemaking that prohibits the importation and distribution of...
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New CPSC Safety Standard on Baby Slings
In early January, the U.S. Consumer Product Safety Commission (CPSC) adopted a new federal safety standard for infant sling carriers. 82 Fed. Reg. 2326-1 (Jan. 9, 2017). CPSC’s new rule follows its...
View ArticleFTC Report Reinforces the Rules for Cross-Device Tracking
Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (“FTC”) staff have issued a report. The report sets the stage by...
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Ninth Circuit Affirms Denial of Samsung’s Motion to Compel Arbitration Based...
On January 19, 2017, the Ninth Circuit Court of Appeals affirmed a district court’s denial of Samsung’s motion to compel arbitration by the named plaintiff in a class action alleging that Samsung made...
View ArticleThe Latest Word (or Text) on TCPA Standing Post-Spokeo and Consent
On January 30, 2017, in Van Patten v. Vertical Fitness Group, No. 14-55980, the Ninth Circuit Court of Appeals found that a Telephone Consumer Protection Act (TCPA) plaintiff had sufficiently alleged...
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Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal
Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety.[1] The case was decided on Plaintiffs’ motion to remand...
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District Court Sacks Ginkgo Biloba False Advertising Case
On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that...
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Expanding Duties and Eroding Protections for Medical Device Manufacturers
Earlier this month, the Washington Supreme Court saddled medical device manufacturers with a new duty to warn under Washington law—the duty to warn hospitals about potential risks their products may...
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A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?
Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has...
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House Passes Bill Proposing Sweeping Changes to Class Action Litigation
The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves...
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We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”).[1] On March 1, 2017, CPSC...
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Judge Koh Issues First Blow to “Added Sugars” Plaintiffs
The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company, No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases[1]...
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In a Victory for the “Drone Slayer,” Federal Judge Rejects Pilot’s Attempt to...
On March 21, 2017, a federal judge in the Western District of Kentucky dismissed a lawsuit brought by a drone pilot, David Boggs, against the “Drone Slayer” William Merideth, a Kentucky man who shot...
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Trump’s Nominee for FDA Commissioner Likely Dooms Generic Drug Labeling Rule
President Trump recently announced his intent to nominate a new commissioner of the U.S. Food and Drug Administration (FDA), likely sealing the fate of FDA’s proposed generic drug labeling rule. The...
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Another Step Toward Reasonable Preemption Case Law
Last month, the Sixth Circuit affirmed a complete defense verdict for Abbott Laboratories Inc. which was based in part on branded drug preemption. Rheinfrank v. Abbott Laboratories Inc., Case No....
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California Adds New Priority Consumer Product for Green Chemistry Regulation
California’s innovative Safer Consumer Products regulations, also known as the Green Chemistry Initiative, are ready for another step forward with the proposed inclusion of Spray Polyurethane Foam...
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Establishing federal jurisdiction through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms, Inc. v. Monsanto Co., No....
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Court Dismisses Peeling Paint Class Action Against Hyundai, But Grants Third...
On April 13, 2017, United States District Judge Beverly Reid O’Connell for the Central District of California granted a motion to dismiss a class action complaint alleging that Hyundai sold cars with...
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MoFo Attorney Joanna Simon: Two Upcoming Drones/UAS Speaking Engagements
On May 6, 2017, come see Morrison & Foerster attorney Joanna Simon speak at TiECon 2017, a conference held in Santa Barbara, CA for technology entrepreneurs to discuss technological innovations...
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Speaking Engagement: False Advertising Class Actions – Practitioner’s Guide...
On Wednesday, June 14, 2017 at 12:00 pm, Morrison & Foerster partner Purvi Patel will be presenting at The Bar Association of San Francisco (BASF) CLE program “False Advertising Class Actions –...
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