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Civil Litigation,
9th U.S. Circuit Court of Appeals

Jan. 8, 2021

Ruling offers insights on consumer injuries and standing strategy

In a recent decision, the federal appeals court clarified Article III’s standing requirements where a plaintiff challenges the content of a consumer product, as opposed to its advertising or labeling.

James Sigel

Partner
Morrison & Foerster LLP

James is an editor of Left Coast Appeals, leftcoast.mofo.com, a blog devoted to all things 9th Circuit.

Adam Sorensen

Partner
Morrison & Foerster LLP

Sometimes a court can rule in a party's favor on grounds even that party has disclaimed. That was the case in the 9th U.S. Circuit Court of Appeals' recent decision in McGee v. S-L Snacks National, 2020 DJDAR 12941 (Dec. 7, 2020), the latest in a line of 9th Circuit opinions clarifying Article III's standing requirements in consumer-products litigation.

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