Acts & Regulations

This nomination a new commissioner and subsequent confirmation by a Democrat-controlled Senate will bring the CPSC’s leadership back to its full five-person strength. It will also allow the CPSC to usher in a new era of increased regulation and more aggressive enforcement.

On December 3, 2020, HHS issued its Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration.

In late October, the Consumer Product Safety Commission (“CPSC”) issued guidance on its website asserting that certain consumer protection rules within its jurisdiction apply to PPE, and reminding consumers of the CPSC laws that apply to cleaning/disinfectant products.

The U.S. Court of Appeals for the Seventh Circuit recently rejected a rather unusual argument for a plaintiff in federal court. The plaintiff asserted she lacked Article III standing to pursue her claim, and did so as a basis for remanding the case to state court.

On January 29, 2019, the Ninth Circuit Court of Appeals issued a far-reaching opinion that will likely impact the hiring process of prospective employers who conduct background checks on applicants.

On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals’ recent decision in the storied <EM>Spokeo, Inc. v. Robins</EM> case.

The Ninth Circuit’s recent decision in <EM>Italian Colors Rest. v. Becerra,</EM> upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying with a credit card.

The Ninth Circuit finally weighed in again on Article III standing issues after the remand of the Spokeo case from the United States Supreme Court.

Over the last six years, the Supreme Court has issued six opinions clarifying the limits of courts’ personal jurisdiction, each invalidating the exercise of jurisdiction.