The United States Supreme Court has granted certiorari in a set of cases in order to determine whether class action waivers in employees’ arbitration agreements are unenforceable, which is the interpretation of the National Labor Relations Board.
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Andrew J. Peterson
Why Not to Move for Dismissal under Article III
By Jason J. Kim & Andrew J. Peterson on
A recent Ninth Circuit decision should give defendants pause about moving to dismiss “no-injury” putative class actions for lack of Article III standing, as the case may instead be remanded to state court.…
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President Obama Signs Bill That Will Establish Federal GMO Labeling Standards
By Jason J. Kim & Andrew J. Peterson on
President Obama signed into law a bill that will establish federal standards for GMO labeling on food packaging, thus displacing non-uniform, individualized state law standards.…
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Supreme Court Issues Decision in Spokeo v. Robins; Must Allege Concrete Injury For Technical Statutory Violations
Posted in Class Action, Consumer Protection
On May 16, 2016, the United States Supreme Court rendered its decision in Spokeo, Inc. v. Robins. In an opinion authored by Justice Alito, the Court held that a plaintiff must do more than plead a statutory procedural violation to establish standing; to plead an injury in fact, a plaintiff also must allege a harm that is both “concrete” and “particularized.” …
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Ninth Circuit Panel Stays “Natural” Food Labeling Case Pending Ongoing FDA Proceedings
By Jason J. Kim & Andrew J. Peterson on
Businesses should consider seeking a stay of any pending lawsuits challenging their use of the term “natural” on food labels under the primary jurisdiction doctrine. The Ninth Circuit, home of the infamous “Food Court,” now has invoked that doctrine and has ordered the stay of a pending “natural” mislabeling class action in Kane v. Chobani, LLC, No. 14-15670.…
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Update on the FDA’s Request for Public Comments on the Meaning of “Natural” and Impact on Pending Litigation
By Neil K. Gilman, Jason J. Kim & Andrew J. Peterson on
Posted in Advertising & Marketing, Consumer Protection
FDA request for public comments on the definition of “natural” in relation to food labeling may strengthen defendants’ ability to dismiss or stay class actions at the outset based on the doctrine of primary jurisdiction.…
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