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Publications
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07.08.2016Ninth Circuit Consumer Class-Action ruling Signals Resurgence of Primary Jurisdiction DoctrineArticles
Westlaw Journal
David T. Biderman and Alisha C. Burgin of Perkins Coie LLP discuss the issue of the primary jurisdiction doctrine in the 9th U.S. Circuit Court of Appeals in class-actions lawsuits challenging food additives and allegedly misleading labeling and the possible use of the doctrine as a defense strategy.
The article was republished in Mondaq.
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06.24.2016Ninth Circuit Consumer Class-Action Ruling Signals Resurgence of Primary Jurisdiction DoctrineArticles
Washington Legal Foundation Advocate for Freedom and Justice
Vol. 25 No. 17
Emboldened by the promise of easy fee recovery, plaintiffs’ attorneys have filed more than 300 food-labeling class actions since 2014, many in California. These lawsuits challenge the use of certain food additives (e.g., partially hydrogenated oils, or PHOs) and attack the allegedly misleading use of terms such as “natural” or “evaporated cane juice” (ECJ) on food-product labels.
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12.07.2015Organic Label Due Diligence Is Critical After CA Supreme Court Approves LawsuitsUpdatesThe Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.” In a unanimous opinion, the court reversed a lower court’s ruling that the plaintiff’s claims were preempted by the federal Organic Foods Production Act (Organic Foods Act).
Blog
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Rounding up some recent reporting about Ohio cannabis realities (thanks in part to Ohio Gov DeWine)
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Morrison & Foerster Discusses Agency Actions on “Junk Fees”
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In the News-Carol Buckmann Quoted on Need for Cybersecurity Liability Standards
Carol told Bloomberg Law why we need clear rules determining who is responsible when a participant’s benefit is stolen by internet thieves. Subscibers can read the whole article. -
Fortuity is an Affirmative Defense
