The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was...more
Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more
3/18/2019
/ Article III ,
Breach of Confidence ,
Class Action ,
FACTA ,
Injury-in-Fact ,
Point of Sale Terminals ,
Retailers ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
Subject Matter Jurisdiction
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more
3/8/2019
/ Actual Damages ,
Article III ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Future Harm ,
Injury-in-Fact ,
Jurisdiction ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages
In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more
2/6/2019
/ Actual Injuries ,
Amusement Parks ,
Appeals ,
Article III ,
Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Injunctive Relief ,
Injury-in-Fact ,
Liquidated Damages ,
Personally Identifiable Information ,
Private Right of Action ,
Reversal ,
Standing ,
Written Consent
In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is...more
11/12/2018
/ Article III ,
Class Action ,
Class Certification ,
De Minimis Claims ,
FRCP 23(b)(3) ,
Generic Drugs ,
Injury-in-Fact ,
Pharmaceutical Industry ,
Prescription Drugs ,
Putative Class Actions ,
Reversal ,
Seventh Amendment ,
Standing ,
Substantial Evidence
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
By now, most litigators and in-house counsel have at least some familiarity with the Supreme Court’s decision in Spokeo, Inc. v. Robins, which reiterated that Article III standing requires an “injury-in-fact” that is both...more