In Briseno v. ConAgra Foods, Inc., ___ F.3d ___ (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require plaintiffs to establish an “administratively feasible” means of identifying putative class members, expressly rejecting decisions like
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Greenberg Traurig’s Gretchen Miller Chairs Defense Research Institute’s Annual Product Liability Conference
Gretchen N. Miller, Products Liability & Mass Torts shareholder at Greenberg Traurig, is serving as Program Chair for the Defense Research Institute’s (DRI) 2017 Products Liability Conference. The annual event will take place Feb. 8-10, 2017, at the
EPA: Research Shows Herbicide Glyphosate Unlikely to Cause Cancer
Introduction
The Environmental Protection Agency (EPA) recently concluded that the available data at this time suggest that the herbicide, glyphosate, is “not likely to be carcinogenic to humans.”
The EPA’s Office of Pesticide Programs (OPP) undertook the glyphosate study as
Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?
“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since the US Court of Appeals for the Third Circuit refused
FDA Announces Changes to the Nutrition Information on the Labels of Food, Beverages, and Dietary Supplements
On May 20, 2016, the FDA announced that it finalized changes to the Nutrition Facts panel on the labels of packaged foods and beverages, as well as changes to the Supplement Facts panel on the labels of dietary supplements. The
Glyphosate Litigation Primer
Introduction
Plaintiffs’ lawyers in several states are investigating cases of non-Hodgkin lymphoma and other forms of cancer in individuals exposed to the widely used herbicide glyphosate. These investigations follow on the heels of a 2015 report by a working group
Seventh Circuit Revives Another Data Breach Suit — Lewert v. P.F. Chang’s China Bistro, Inc.
Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a
Pass-On Defense Still Alive and Well
A California federal court recently relied on the so-called “pass-on defense” to deny class certification in a lawsuit asserting claims under California’s Unfair Competition Law (UCL). Elite Logistics Corp. v. MOL Am., Inc., No. CV1102952DDPPLAX, 2016 WL 409650, at *3
The Dutch Act on Collective Settlement of Mass Claims (WCAM) Goes Global Again: A Forum Outside the United States to Resolve Mass Claims Disputes Internationally
On March 14, 2016, Ageas (formerly, Fortis Bank) and several foundations representing the Fortis shareholders announced a EUR 1.204 billion settlement of shareholder claims and they are now seeking to declare the settlement legally binding on all shareholders under the
BPA Regulation Will Soon Affect Consumer Products Distributed in California – Comments on Regulation due April 29, 2016
Despite positive reviews from the EPA and European Food Safety Authority, Bisphenol A (BPA), a synthetic compound used to line canned goods and other consumer products, was added to the Proposition 65 list on May 11, 2015, as a chemical