In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The FTC had frequently
Consumer Class Defense Counsel
The Consumer Class Defense Counsel blog, published by Foley & Lardner LLP, focuses on legal issues related to defending consumer class actions. It covers topics such as class certification challenges, damages and injury analysis in class claims, consumer product labeling and safety regulations, compliance with federal consumer protection laws, and recent court decisions impacting class action settlements and attorneys' fees. The blog also addresses regulatory developments affecting manufacturers and importers of consumer products, including safety standards and labeling requirements. It provides insights into litigation strategies, regulatory compliance, and evolving legal standards in consumer class defense matters.
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It’s Personal: No Causal Link, No Claim?
For any company facing a product liability lawsuit, it is critical at the outset to assess whether the forum court actually has the power to render a judgment against the defendant company (i.e., personal jurisdiction). A court with general jurisdiction…
“How to Lose a Class Action Settlement in 10 Ways” – Recent Decisions Reflect a Trend of Applying Greater Scrutiny to Attorneys’ Fees Requests in Class Action Settlements
Note: We’d like to thank co-author Mai-Ahn Tran, summer associate, for her contributions to this post.
Last month, the Ninth Circuit struck down a district court’s order approving a class settlement and awarding nearly $7 million in attorneys’ fees to…
Supreme Court Clarifies, but Declines to Significantly Alter, Class Certification Battleground in Securities-Fraud Class Actions
Defendants have historically faced an uphill battle to defeat class certification in securities-fraud class actions. The United States Supreme Court’s recent decision in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System provides clarification regarding the scope of evidence a…
Supreme Court Rules Injury at Law Insufficiently Concrete to Establish Injury in Fact
On Friday morning, the Supreme Court issued its eagerly awaited opinion in TransUnion LLC v. Ramirez (No. 20-297). Justice Kavanaugh delivered the opinion of the Court, with which four Justices concurred; Justices Thomas, Breyer, Sotomayor, and Kagan dissented.
As we…
Developments in Biometric Information Privacy Laws
In 2008, Illinois became the first state to enact a Biometric Information Privacy Act (BIPA). BIPA regulates “the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information” (i.e., fingerprints, iris scans, voiceprints). It prohibits private parties…
Sixth Circuit Holds Non-Expert Evidence Need Not Be Admissible to Support Class Certification, but Approves Stringent Claim Process That Aids Defendants
At Class Certification Stage, Non-Expert Evidence Must Be Reliable, but Not Necessarily Admissible: As the Supreme Court explained 40 years ago in General Telephone Co. of Southwest v. Falcon, 457 U.S. 147, 161 (1982), district courts must undertake a “rigorous…
CPSC Takes First Step to Expand Enforcement
On March 1, 2021, the Consumer Product Safety Commission (CPSC) signaled its intent to increase enforcement of its product safety regimen by seeking to more than double its current $135 million budget via a public letter from Robert Adler, acting…
Sixth Circuit Refuses to Enforce Unilateral Changes to Arbitration Provision
While the United States Supreme Court has made clear that class action waivers in arbitration clauses can be enforced, plaintiffs’ counsel continue to find creative ways to challenge these types of arbitration agreements. Last month, in a 2-1 decision, a…
Of Tuna Price-Fixing Conspiracies, Econometric Regressions, and the Ninth Circuit’s Latest Guidance on Class Certification
Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna industry. Olean Wholesale Grocery Coop., Inc. v.…