Product Liability Monitor

April 10, 2017
New Developments
I Like It, But Do I Trust It? Drivers Weigh In on Autonomous Vehicle Technology
By Shannon Peters

The American Automobile Association (AAA) recently released the results of a survey of American drivers which yielded an interesting conclusion:  Americans want autonomous vehicle (AV) technologies in their next vehicle, but they

Earlier this week the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, affirming the Eight Circuit’s decision to not disturb a jury verdict against Tyson where the district court permitted the jury to draw an inference of class-wide liability based on representative or statistical evidence.
Continue Reading Tyson Decision Delivers Narrow Lessons for, But No Knockout to, Class Actions

LegalPillars_106563959Gomez v. Campbell-Ewald Co., 768 F.3d 871 (9th Cir., 2014), cert. granted, 2015 WL 246885 (2015).

This week’s grant of certiorari in Gomez presents the possibility for major changes in the defense of class actions involving relatively small individual damages.

Gomez filed a class action after receiving an unsolicited text message from Campbell, a marketer for the US Navy. Gomez claims the text violates the Telephone Consumer Protection Act (TCPA). Before the District Court could rule on class certification, Campbell offered Gomez full statutory damages ($1,503) plus reasonable costs in an effort to moot the class action. Gomez refused the offer. Both the District Court and the Ninth Circuit held that an unaccepted settlement offer for the full amount of the plaintiff’s damages did not moot either his claim or the class claim.

Continue Reading Is the End in Sight for Consumer Class Actions?

The New Year is fast approaching and with it comes droves of college students seeking to trade their upcoming summer break for valuable on-the-job training.  This rite of passage has traditionally afforded prized experience and training for a student or recent grad, while allowing the employer to review the temperament and talents of the student to determine if she would be a cultural fit for possible future employment opportunities, and all-the-while, promoting the employer’s brand and reputation at the collegiate level.  However, a wave of wage-and-hour litigation brought by former unpaid interns has challenged to what extent for-profit employers will continue to have unpaid internships and how the surviving internship programs will be structured.

Continue Reading No Good Deed Goes Unpunished – Unpaid Internships Can Be Very Costly