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Standing Class Action

Carlton Fields

Classified (Bi-)Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts July and August 2024

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The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Proskauer on Privacy

Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking

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There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are...more

Troutman Pepper

D.C. Circuit Dismisses Appeal of Class Certification Denial Due to Lack of Standing

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The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed an appeal in the case of Lewis v. Becerra, Secretary of the United States Department of Health and Human Services (HHS). The appellants sought...more

A&O Shearman

Ninth Circuit Affirms Dismissal Of Exchange Act Claims Against Post deSPAC Company, Holding That Shareholders Of The SPAC Lack...

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On August 8, 2024, the United States Court of Appeals for the Ninth Circuit affirmed United States District Judge Yvonne Gonzalez Rogers’s dismissal of a putative securities class action asserting claims under Sections 10(b)...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Seyfarth Shaw LLP

Governor Newsom Announces PAGA Reform

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Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include;...more

Robinson+Cole Class Actions Insider

New Texas Supreme Court Decision Highlights Several Defense Strategies for Defeating Class Certification

A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts April 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Orrick, Herrington & Sutcliffe LLP

District court dismisses FDCPA class action for lack of standing (UPDATE)

Recently, the U.S. District Court for the District of New Jersey granted defendant debt collectors’ motion to dismiss a FDCPA class action without prejudice. In 2016, the defendants obtained the plaintiff’s credit card debt...more

Davis Wright Tremaine LLP

Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

Proskauer - Employee Benefits & Executive...

Fifth Circuit Reverses Dismissal of 401(k) Fees Claims

The Fifth Circuit recently reversed a district court’s dismissal of claims that the fiduciaries of a 401(k) plan breached the duty of prudence under ERISA by offering participants retail share classes instead of cheaper...more

Jones Day

Class Actions Worldview: A Study of Trends Around the Globe, Part IV China, Japan, Belgium, The Netherlands, And England And Wales...

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Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Orrick, Herrington & Sutcliffe LLP

Bank granted MTD in credit card sign-up bonus class action

On April 15, the U.S. District Court for the Northern District of California entered an order granting a defendant bank’s motion to dismiss a plaintiff’s claims relating to alleged false advertising in connection with a...more

Faegre Drinker Biddle & Reath LLP

Key U.S. District Court Ruling: Plaintiff’s Challenge to DEI Program Under Section 1981 Fails When She Lacked Standing Because She...

In our October 2023 alert on Defending Litigation Attacks on DEI Programs: A Status Update, we advised to “stay tuned” regarding a pending motion to dismiss filed by Amazon in response to a class action complaint challenging...more

Davis Wright Tremaine LLP

Technical Violation of Washington's Pay Transparency Law Does Not Create Standing, Federal Judge Finds

Davis Wright Tremaine alerted employers previously about a swath of nearly 30 class action lawsuits filed in late 2023 against a myriad of employers under Washington's new pay transparency laws. As Western District of...more

Kilpatrick

Spirit Airlines defeats wiretapping and invasion of privacy class action for failure to plead concrete harm sufficient to satisfy...

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The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website...more

Jackson Lewis P.C.

SDNY Denies Leave to Amend ERISA Complaint with “Substantively the Same Defects” as Dismissed Complaint

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A New York federal court recently denied former hospital employees’ request for leave to file a Third Amended Complaint (“TAC”) after dismissing their Second Amended Complaint (“SAC”) for lack of standing and failure to state...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – March 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions. ...more

Klein Moynihan Turco LLP

FTSA Standing

Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Tucker Arensberg, P.C.

Third Circuit: Consumer Does Not Have Standing to Raise FDCPA Challenge to Debt Collection Agency’s Disclosure of Private...

In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more

McGlinchey Stafford

Establishing and Challenging Standing in PFAS Litigation

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The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

Robinson Bradshaw

The Now-Traditional Argument About Non-Traditional Harms—No Answer In Sight

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Our colleague Erik Zimmerman reported in an earlier post the memorable declaration from defense counsel in TransUnion, LLC v. Ramirez, 594 U.S. 413 (2021): when a legal violation results in no harm, those involved should...more

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