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.
Continue Reading U.S. Supreme Court to Decide Enforceability of Class Action Waivers in Employee Arbitration Agreements

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.”
Continue Reading Supreme Court Issues Decision in Spokeo v. Robins; Must Allege Concrete Injury For Technical Statutory Violations

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.
Continue Reading Ninth Circuit Panel Stays “Natural” Food Labeling Case Pending Ongoing FDA Proceedings

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.
Continue Reading Update on the FDA’s Request for Public Comments on the Meaning of “Natural” and Impact on Pending Litigation