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 contrary to the Food, Drug, and…

In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it inadequate under the United States Supreme Court’s…

Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints.  A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and fraudulent.  But the recent decision on…

Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision late last month, a…

Last week, the Eleventh Circuit declined, 7–4, to reconsider en banc a divided panel’s September 2020 decision barring incentive awards to class representatives for their work in class actions. As such, the Eleventh Circuit continues to stand alone among all federal…

In late spring, the Consumer Product Safety Commission (CPSC) held a roundtable for interested stakeholders to discuss the Equity Action Plan it issued on January 20, 2022.1 In hosting the public forum, the CPSC sought to “give the public an opportunity…

We live in the age of “Have it fast! Have it now! Have it without hassle!” At the same time customers are demanding ease in online transactions, businesses are naturally seeking to meet consumer demand while reducing administrative costs. In…