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It Settled—Now What? Ninth Circuit Limits Settling Plaintiffs’ Ability to Appeal Orders Denying Class Certification

- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more

9th Circuit Holds All Members of a Certified Class Must Have Article III Standing To Recover Monetary Damages

- 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

Apple Inc. v. Pepper: The Supreme Court Chips Away at Illinois Brick, Allowing iPhone Users to Sue Apple for Monopolizing iPhone...

• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more

Ninth Circuit Invalidates Local Rule Requiring Class Certification Motions to Be Brought Within 90 Days

• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. • The 9th Circuit in ABS Entertainment overturned Local Rule...more

Government Agencies Face Uncertainty After Supreme Court Rules That SEC ALJs Must Be Appointed

• SEC ALJs are “Officers of the United States” within the meaning of the Appointments Clause and therefore must be appointed directly by the SEC. The Court’s decision may permit litigants in prior and pending administrative...more

The U.S. Supreme Court Narrows the Application of American Pipe Tolling to Class Actions

• 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

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

The 9th Circuit Rejects Securities Class Action Premised on Businesses’ Complaints About Yelp’s Practices

• The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a securities fraud claim alleging that Yelp fraudulently inflated its stock price by misleading investors about its practices concerning the business...more

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

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

7th Circuit Balks At Class Action Defendant’s Attempt To Pick-Off Lead Plaintiff

On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more

McGill v. Citibank and Arbitration Agreements

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

The 9th Circuit Declines to Adopt Administrative Feasibility Requirement for Class Certification

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

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