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Articles by Kelsey Boehm
The Seventh Circuit To Issue First Appellate Decision Holding That Text Messages Are Not Covered By Do-Not-Call Provisions Of The TCPA
Foley & Lardner are most popular: within Wealth Management and Strategy topic(s) For decades, courts in TCPA litigation assumed that text messages qualify as “telephone call[s]” under Section 227(c)(5) of the Telephone Consumer Protection Act (TCPA), relying primarily on FCC regulations. That assumption now faces serious challenges. In the wake of the Supreme Court’s decision in McLaughlin Chiropractic Associates v.
After Learning Resources: Defending Against The Wave Of Consumer Class Actions Seeking Tariff Refunds
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
Sweet Victory In ‘Nutritional Drink’ Labeling Suit
Foley & Lardner are most popular: within Coronavirus (COVID-19) topic(s) In a sweet win for food-and-beverage defendants, the Eastern District of California dismissed, with prejudice, a putative class action challenging the labeling of Carnation Breakfast Essentials Nutritional Drink products in Eric Testori v. Nestle Health Science US Holdings Inc.
Avoiding Class Action Exposure Through Early Issue Anticipation
Foley & Lardner are most popular: within Coronavirus (COVID-19) topic(s) Class action cases are on the rise in the United States with over 10,000 new class actions filed annually. Given the number of class action cases and costs associated with defending against them, companies should proactively manage class action exposure through early issue anticipation.
Sweet Victory in ‘Nutritional Drink’ Labeling Suit
In a sweet win for food-and-beverage defendants, the Eastern District of California dismissed, with prejudice, a putative class action challenging the labeling of Carnation Breakfast Essentials Nutritional Drink products in Eric Testori v. Nestle Health Science US Holdings Inc.
California's Court Decision in estori v. Nestle Health Science
In a sweet win for food-and-beverage defendants, the Eastern District of California dismissed, with prejudice, a putative class action challenging the labeling of Carnation Breakfast Essentials Nutritional Drink products in Eric Testori v. Nestle Health Science US Holdings Inc.
Avoiding Class Action Exposure Through Early Issue Anticipation
Class action cases are on the rise in the United States with over 10,000 new class actions filed annually. Given the number of class action cases and costs associated with defending against them, companies should proactively manage class action exposure through early issue anticipation. Class action risk does not begin with the filing of a complaint, it starts with a decision: how a product was designed, what a label says, or how a marketing campaign frames a product.
Avoiding Class Action Exposure Through Early Issue Anticipation
Class action cases are on the rise in the United States with over 10,000 new class actions filed annually. Given the number of class action cases and costs associated with defending against them, companies should proactively manage class action exposure through early issue anticipation. Class action risk does not begin with the filing of a complaint, it starts with a decision: how a product was designed, what a label says, or how a marketing campaign frames a product.
The Supreme Court Reins In Agency Power Again: What McKesson Means For TCPA Litigation
The Supreme Court recently signaled a further shift away from judicial deference to administrative rulings. The question of whether the Telephone Consumer Protection Act (TCPA or "the Act") covers online faxes (think your email inbox) in addition to standard paper faxes (think old paper scrolls) has divided federal courts for years. Compare Urgent One Med. Care, PC v. Co-Options, Inc., 2022 WL 16755154, at *6 (E.D.N.Y. June 1, 2022) (TCPA covers online faxes) and Ambassador Animal Hosp., Ltd. v.
The Supreme Court Reins in Agency Power Again: What McKesson Means for TCPA Litigation | JD Supra
The Supreme Court recently signaled a further shift away from judicial deference to administrative rulings. The question of whether the Telephone Consumer Protection Act (TCPA or “the Act”) covers online faxes (think your email inbox) in addition to standard paper faxes (think old paper scrolls) has divided federal courts for years. Compare Urgent One Med. Care, PC v. Co-Options, Inc., 2022 WL 16755154, at *6 (E.D.N.Y. June 1, 2022) (TCPA covers online faxes) and Ambassador Animal Hosp., Ltd. v.
No Harm, No Foul: Greenwashing Lawsuit Dismissed For Lack Of Article III Standing
It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying "cases and controversies." Moreover, a case or controversy exists only if a plaintiff has standing to file the suit, requiring the plaintiff to demonstrate injury in fact, causation, and redressability.
No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing | JD Supra
It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the suit, requiring the plaintiff to demonstrate injury in fact, causation, and redressability.
Healthcare Preview for the Week of: October 30, 2023
NEXT UP: SPEAKER MIKE JOHNSON The House officially has a speaker: Mike Johnson (R-LA). On October 25, Rep. Johnson became Speaker Johnson with a final vote on the first ballot of 220–209. Speaker Johnson, a fourth-term representative, has kept a relatively low profile. He does not have much in the way of healthcare record, and he has consistently promoted conservative personal beliefs and policy positions.
District Courts Apply Ninth Circuit Precedent to Dismiss Deceptive Labelling Claims
The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels in considering whether consumer protection claims are plausibly alleged at the pleading stage: McGinity v. The Procter & Gamble Co., 69 F.4th 1093 (9th Cir. 2023);1 Steinberg v. Icelandic Provisions, Inc., No. 22-15287 (9th Cir. 2023); and Robles v.
Ninth Circuit Holds that Implied Preemption Bars State Law Claims Based on a Violation of the FDCA
Thursday, November 3, 2022 In Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc., 48 F.4th 1040, 1041 (9th Cir. 2022), the Ninth Circuit recently held that the implied preemption doctrine barred state law claims because they were contrary to the Food, Drug, and Cosmetic Act’s (“FDCA”) exclusive enforcement provision prohibiting private enforcement of the law.
Ninth Circuit Holds that Implied Preemption Bars State Law Claims Based on a Violation of the FDCA
In Nexus Pharmaceuticals, Inc. v. Central Admixture Pharmacy Services, Inc., 48 F.4th 1040, 1041 (9th Cir. 2022), the Ninth Circuit recently held that the implied preemption doctrine barred state law claims because they were contrary to the Food, Drug, and Cosmetic Act’s (“FDCA”) exclusive enforcement provision prohibiting private enforcement of the law.
Developments In Biometric Information Privacy Laws
United States: Developments In Biometric Information Privacy Laws 23 June 2021 by Christopher G. Ward and Kelsey C. Boehm Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. In 2008, Illinois became the first state to enact a Biometric Information Privacy Act (BIPA).
Developments in Biometric Information Privacy Laws | JD Supra
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).
Risto V. Screen Actors Guild: A Look At Article III Standing Of Absent Class Members In The Ninth Circuit
To print this article, all you need is to be registered or login on Mondaq.com. Article III standing is a threshold jurisdictional requirement in all cases, including putative class actions. It is well settled that a named plaintiff must have constitutional standing throughout a case for subject matter jurisdiction to exist.
Risto v. Screen Actors Guild: A Look at Article III Standing of Absent Class Members in the Ninth Circuit | JD Supra
Article III standing is a threshold jurisdictional requirement in all cases, including putative class actions. It is well settled that a named plaintiff must have constitutional standing throughout a case for subject matter jurisdiction to exist. The federal circuit courts, however, are split on whether unnamed class members must have standing at the class certification stage—or whether the standing requirement is satisfied so long as the class representative has standing.
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