News & Analysis as of

Class Action Liability

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Bennett Jones LLP

Class Actions: Looking Forward 2024

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In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead....more

Bennett Jones LLP

Competition Class Actions—The Year in Review

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For many years, defendants resisted certification of competition class actions primarily by arguing that determining harm to class members defied calculation—or, at least, defied those methods the plaintiffs typically...more

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Epstein Becker & Green

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Eversheds Sutherland (US) LLP

Georgia joins growing list of states with “mini-TCPAs”

On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their...more

Klein Moynihan Turco LLP

Revised Georgia Telemarketing Law Takes Effect On July 1, 2024

On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of...more

Harris Beach PLLC

New York Medical and Life Sciences: Year in Review 2023

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From pharmaceuticals to cosmetics, preemption to expert preclusion, New York state and federal courts issued decisions in 2023, which further shaped the landscape in the medical and life sciences legal world. To prepare the...more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

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A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

Robinson+Cole Class Actions Insider

Liability vs. Damages in Class Certification Analysis Addressed by Fifth Circuit

In analyzing class certification issues, courts have said that common issues may predominate in some cases even though damages would have to be determined individually for each class member. But what about where some class...more

Snell & Wilmer

Truth or Consequences: FTC Revised Endorsement Guides & Class Action Risk

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By Douglas A. Thompson and Sarah Richards1 Testimonials and endorsements, especially those by high-profile celebrities, sports figures, and influencers, can shine a significant spotlight on a company’s products and services....more

Bennett Jones LLP

Developments in General Causation Methodologies for Class Certification

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In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's...more

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

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In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more

Stikeman Elliott LLP

Ontario Court of Appeal Removes Confusion: Negligent Security not an “Intrusion Upon Seclusion”

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The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more

Foley & Lardner LLP

Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model

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In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it...more

MG+M The Law Firm

Sixth Circuit Grants Interlocutory Review of Massive PFAS Class Certification

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Recently, a three-judge panel of the US Court of Appeals for the Sixth Circuit granted interlocutory review of an enormous class action that could significantly impact the future of PFAS litigation. ...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reverses Class Certification Order Because Liability Issues, Not Merely Damages, Were Individualized

The Ninth Circuit recently addressed an issue that tends to arise frequently in class certification motion practice: how trial courts should apply the predominance requirement where appellate decisions have said that the need...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Sheppard Mullin Richter & Hampton LLP

DAO Liability and the bZx Class Action

A class action lawsuit filed by users of a decentralized finance (“DeFi”) protocol managed by a decentralized autonomous organization, or “DAO,” may shed light on the potential legal liabilities of a DAO and its...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Manatt, Phelps & Phillips, LLP

Key Takeaways From the Gray v. Dignity Health Decision

On October 13, 2021, the California Court of Appeal, 1st District in San Francisco issued its opinion in Gray v. Dignity Health, 2021 WL 4771982. In a published decision that will likely control the outcome in at least six...more

Weintraub Tobin

Instagram Faces Claims That It Encouraged Media Companies To Illegally Embed Images Posted To Instagram By Users

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We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram. In that case, the court held that Instagram’s terms of use...more

Cadwalader, Wickersham & Taft LLP

Delaware Court of Chancery Allows Merger-Based Breach of Fiduciary Duty Claims to Proceed Against Target Company CEO, Financial...

On January 29, 2021, Vice Chancellor Laster of the Delaware Court of Chancery refused to dismiss a shareholder class action stemming from the 2019, $2.2 billion sale of Presidio, Inc., an IT solutions provider specializing in...more

American Conference Institute (ACI)

[Virtual Event] 2nd National Forum on COVID-19 Liability for Long-Term Care and Senior Care Providers - February 2nd, 8:30 am -...

Join key industry stakeholders for a state of the union on COVID-19 related lawsuits, and an assessment of causes of action & defense preparation strategies. ACI’s 2nd National Forum COVID-19 Liability for Long-Term Care...more

BakerHostetler

Anxious About Tort Liability? Ohio Enacts House Bill 606, ‘Good Samaritan Expansion Bill,’ to Limit Employer Liability for...

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Ohio Gov. Mike DeWine signed HB 606 into law on Monday, Sept. 16, 2020. Known as the “Good Samaritan Expansion Bill,” the law protects employers, both private and public, from civil action lawsuits for damages stemming from...more

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