- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial.
- Those class members...more
3/9/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Members ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Punitive Damages ,
Standing ,
Statutory Damages ,
Statutory Violations ,
TransUnion
• The U.S. Supreme Court held that the tolling provisions established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) apply to only individual claims, not to successive class actions.
• The Court’s...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more
8/21/2017
/ Appeals ,
Article III ,
Credit Reports ,
Data Breach ,
Determination on Remand ,
Fair Credit Reporting Act (FCRA) ,
Imminent Harm ,
Injury-in-Fact ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standard of Review ,
Standing ,
Statutory Violations
On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more
4/10/2017
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Citibank ,
Class Action ,
CLRA ,
Credit Card Agreements ,
False Advertising ,
Federal Arbitration Act ,
Injunctive Relief ,
Preemption ,
Public Policy ,
Reversal ,
State and Local Government ,
Statutory Remedies ,
Statutory Rights ,
Unenforceable Contract Terms ,
Unfair Competition
Key Points -
- The U.S. Court of Appeals for the 9th Circuit joined the 6th, 7th, and 8th Circuits in declining to adopt an “administrative feasibility” requirement for plaintiffs seeking to certify a class under...more