Latest Publications

Share:

Ninth Circuit: California antitrust law does not apply to the claims of a nationwide class

Takeaway: Consumer class actions primarily target a damages remedy. In the antitrust context, state antitrust law provides the path to damages for indirect purchasers, because federal antitrust law bars indirect purchaser...more

Third Circuit examines propriety of issue certification under Federal Rule 23(c)(4)

Takeaway: Federal Rule 23(c)(4) provides: “When appropriate, an action may be brought or maintained as a class action with respect to particular issues.” Although class plaintiffs often seek “issue certification” as an...more

Third Circuit forbids “one-way intervention” in cases combining FLSA opt-in collective claims with Rule 23 opt-out claims

Takeaway: In theory, class litigation should be fair. Class members should not be permitted to see how a case will play out at trial before deciding whether to opt out of a damages class – a practice known as “one-way...more

Second Circuit false advertising class actions predicated on puffery are doomed to fail

Takeaway: Although a district court deciding a Rule 12 motion to dismiss must draw every inference in favor of a plaintiff, courts know puffery when they see it. In George v. Starbucks Corp., --- Fed. Appx. ----, No....more

Ninth Circuit reexamines California’s McGill rule – which prohibits contractual waivers of “public injunctive relief” – through...

Takeaway: One would think that “public injunctive relief” – especially under California law – would be a broad remedy. Not so, according to the majority opinion in Hodges v. Comcast Cable Communications, LLC, --- F.4th...more

Second Circuit rules Trump parties forfeited arguments on appeal

Takeaway: The importance of preserving issues for appeal when litigating a case before a trial court – from the outset of the case all the way through post-trial motions – cannot be overstated. As a general matter, a...more

M.D. Pa. orders the production of cybersecurity report in data breach class action

Takeaway: Counsel for companies that suffer a data breach often hire an outside cybersecurity firm to remediate the breach and assist counsel in preparing for and defending against litigation. These companies typically take...more

Navigating Jurisdictional Issues In Class Action Litigation

Takeway: Class action litigation implicates jurisdictional issues in a number of ways. Class action defendants generally prefer federal over state courts and – when presented with the opportunity – will seek to remove...more

False advertising class actions – absent evidence that reasonable consumers were likely to be misled, Seventh Circuit affirms...

Takeaway: To survive summary judgment, a false-advertising plaintiff must offer evidence that the challenged representations are likely to mislead a reasonable consumer. In Weaver v. Champion Petfoods USA Inc., --- F.4th...more

Data interception class actions – S.D. Fla. dismisses claim that use of session replay software violates Florida Security of...

Takeaway: As we reported in a recent article – New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements (April 5, 2021) – creative class action lawyers have filed a...more

SCOTUS standing ruling – “No concrete harm, no standing” – sidesteps class action issues and could limit federal subject matter...

Takeaway: In TransUnion LLC v. Ramirez, --- S. Ct. ----, No. 20-297, 2021 WL 2599472 (June 25, 2021), the Supreme Court granted certiorari to resolve the question of “[w]hether either Article III or Rule 23 permits a damages...more

Eleventh Circuit affirmance of fee award demonstrates the long reach of an MDL

Takeaway: When the Judicial Panel on Multidistrict Litigation (JPML) consolidates cases and transfers them to a single, multidistrict litigation (MDL) court, the process is in a very important respect coercive. Counsel for...more

Data breach class actions: Second Circuit sets out parameters for Article III injury-in-fact

Takeaway: Since the U.S. Supreme Court addressed the issue of standing based on allegations of possible future injury in Clapper v. Amnesty International USA, 568 U.S. 398 (2013), the courts of appeals have addressed this...more

Eleventh Circuit: arbitration clause broad enough to be “related to” post-termination dispute, but is it too broad to be...

Takeaway: Parties seeking to compel arbitration often rely on the rule that where an arbitration agreement contains broad language, any ambiguity about whether a claim must be arbitrated should be resolved in favor of...more

Data breach class actions: M.D. Fla. threads the Rule 23 needle in certifying the first consumer payment card class action

Takeaway: Judge Timothy Corrigan of the Middle District of Florida recently found a way to certify a class action where consumers alleged the theft of payment card data, acknowledging he “may be the first to certify a Rule...more

Antitrust class actions: Ninth Circuit rules that predominance “cannot be outsourced to a jury”

Takeaway: We have posted a number of articles about whether Rule 23’s predominance requirement can be satisfied when a proposed class includes uninjured class members. See, e.g., D.C. Circuit denies class certification...more

Second Circuit bypasses the “construe ambiguities in favor of arbitration” rule in reversing order compelling arbitration

Takeaway: Parties seeking to compel arbitration often rely on the rule announced by the U.S. Supreme Court in Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25 (1983), providing that where an...more

Ninth Circuit divided panel revives krab mix false advertising class action

Takeaway: Context matters in false advertising class actions. Factors such as how an allegedly false representation is displayed, where it is displayed, and what else is disclosed on the label or advertisement all can...more

Ninth Circuit holds public injunctive relief may be pursued by an individual in arbitration, thereby enforcing arbitration...

Takeaway: One of the most effective tools for a business to reduce its exposure to class action litigation is to include compulsory arbitration provisions and class action waivers in customer-facing contracts. But there are...more

RICO class actions Ninth Circuit affirms dismissal of civil RICO claims by Volkswagen dealers

Takeaway: Class actions brought under federal RICO present significant risks for defendants. They present the opportunity for certification of a nationwide class under a federal statute, and the remedies provided under...more

BIPA class actions: Seventh Circuit endorses pleading strategy calculated to avoid removal to federal court

Takeaway: As Judge Diane Wood of the Seventh Circuit recently observed in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act (BIPA), “allegations matter” and “a plaintiff is the...more

SCOTUS grants certiorari to resolve critical class action standing issue

Takeaway: In a prior article – Class action standing: Ninth Circuit holds members of a damages class must demonstrate Article III standing (March 31, 2020) – we discussed the Ninth Circuit’s decision in Ramirez v....more

CAFA: in opinion potentially at odds with two recent pro-removal decisions, Ninth Circuit rules that putative class action must be...

Takeaway: In a prior article – Ninth Circuit: two pro-defendant decisions clarify burdens regarding CAFA’s $5 million jurisdictional threshold (September 14, 2020) – we examined two recent Ninth Circuit cases where the...more

BIPA class actions: Seventh Circuit holds that retention of “inherently sensitive” biometric data gives rise to standing

Takeaway: Article III standing requires an injury-in-fact. To allege an injury-in-fact, a claimant must show “‘an invasion of a legally protected interest’ that is ‘concrete and particularized’ and ‘actual or imminent, not...more

Computer Fraud and Abuse Act: Sixth Circuit solidifies circuit split ahead of anticipated Supreme Court ruling

Loose language in a criminal statute conferring a private cause of action – such as the Computer Fraud and Abuse Act (CFAA) – presents an interpretative dilemma for courts. The CFAA furthers the legitimate public interest in...more

149 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide