While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more
8/27/2019
/ Actual Damages ,
Appeals ,
Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Data Breach ,
Dismissals ,
Economic Loss Doctrine ,
Jurisdiction ,
Remand ,
Standing
Yesterday, the Supreme Court sent Frank v. Gaos back to the Ninth Circuit to address the issue of standing under Spokeo.
Frank involved allegations of privacy violations. Plaintiffs brought class action claims against...more
These are interesting times at the Supreme Court for class certification defendants—and we aren’t talking about the Kavanaugh confirmation process. No, late last week, in Home Depot USA Inc. v. George Jackson, the Supreme...more
10/3/2018
/ CAFA ,
Certiorari ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has brought the issue...more
5/29/2018
/ Actual Injuries ,
Article III ,
Class Action ,
Corporate Counsel ,
Debit and Credit Card Transactions ,
FACTA ,
Federal Rule 12(b)(1) ,
Forum ,
FRCP 23 ,
Injury-in-Fact ,
Remand ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
Subject Matter Jurisdiction
We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more
3/28/2018
/ Article III ,
Class Action ,
Class Certification ,
Data Breach ,
Debit and Credit Card Transactions ,
Dismissals ,
FACTA ,
FDCPA ,
Injury-in-Fact ,
Motion to Vacate ,
Personally Identifiable Information ,
Remand ,
Removal ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Subject Matter Jurisdiction
The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20,...more
11/10/2017
/ AL Supreme Court ,
Attorney's Fees ,
Class Action ,
Class Members ,
Corporate Counsel ,
Due Process ,
Filing Fees ,
Intervenors ,
Objection Procedures ,
Objections ,
Opt-Outs ,
Remand ,
Settlement