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Standing

Wilson Sonsini Goodrich & Rosati

Labcorp v. Davis Challenge Regarding Uninjured Class Members Dismissed as Improvidently Granted

In a closely watched case with major implications for class action litigation, the U.S. Supreme Court sidestepped a long-simmering legal question: Can a class be certified if it includes members who suffered no injury? On...more

Fisher Phillips

Federal Judge Denies CIPA Lawsuit’s Class Certification: 5 Key Takeaways for Businesses

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In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more

Ballard Spahr LLP

In Labcorp v. Davis, Supreme Court Passes on Chance to Clarify Issue of Uninjured Class Members

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The U.S. Supreme Court last week declined to resolve a potentially landmark issue in class action law. In the closely watched case of Laboratory Corporation of America Holdings v. Davis, the Court delivered a per curiam...more

Katten Muchin Rosenman LLP

Justice Kavanaugh Signals One Conservative Vote in Labcorp Toward Imposing a Pre-Certification Standing Requirement Under FRCP 23

On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Alnylam Pharmaceuticals, Inc. v. Moderna, Inc.

Alnylam Pharmaceuticals, Inc. v. Moderna, Inc., Appeal No. 2023-2357 (Fed. Cir. June 4, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a final judgment that Moderna’s mRNA-based COVID-19 vaccine did...more

Robinson Bradshaw

Update: Supreme Court Dismisses Appeal on Whether a Class Can Contain Members Who Lack an Article III Injury

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In Labcorp v. Davis, the U.S. Supreme Court was poised to decide if a federal court can certify a class that includes members who lack any Article III injury. But as we discussed last month, the oral argument suggested that...more

Dorsey & Whitney LLP

Sharing the Stage: How Tempo Music Investments LLC v. Miley Cyrus et al Reinforces Copyright Co-owner Rights

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A recent ruling from the United States District Court for the District of Central California in the lawsuit against Miley Cyrus and others for the song “Flowers” highlighted the power that a single copyright co-owner holds in...more

DLA Piper

Supreme Court Declines to Decide Key Class Certification Issue

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On June 5, 2025, the US Supreme Court dismissed as improvidently granted a closely watched case that could have clarified whether federal courts may certify damages class actions under Rule 23 when the class includes both...more

McGlinchey Stafford

Litigation Byte (May 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

Hogan Lovells

California’s evolving standing jurisprudence provides companies with a key defense in response to a wave of privacy claims

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Over the last several years, California appellate courts have begun to align the threshold standing analysis under California law with the federal Article III standing requirements, presenting an emergingly viable...more

Snell & Wilmer

U.S. Supreme Court Denies Tribal Gaming Compact Challenge and Protects Tribal Sovereignty

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In a victory for the Washington gaming tribes, the United States Supreme Court denied Maverick Gaming LLC’s (Maverick) petition for a writ of certiorari (cert) in upholding the Ninth Circuit’s decision in Maverick Gaming LLC...more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Kelley Drye & Warren LLP

Court of International Trade Finds Tariffs Imposed Pursuant to IEEPA Unlawful

On May 28, 2025, in a major development, a three-judge panel of the United States Court of International Trade (“CIT”) held that President Trump’s recent imposition of tariffs pursuant to the International Emergency Economic...more

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

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We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

McGlinchey Stafford

Third Circuit Finds Class Plaintiff Lacks Standing to Sue Under the FDCPA

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The Third Circuit Court of Appeals recently affirmed the district court’s decision to dismiss a putative class action against a collection company on the grounds that the plaintiff lacked standing to sue under the Fair Debt...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

McDermott Will & Emery

No Fairytale Ending for Consumer Opposition: RAPUNZEL Reinforces Lexmark Standing Limits

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of a trademark opposition brought by a consumer, holding that mere consumer interest is insufficient to establish...more

Allen Matkins

Is There A Contemporaneous Membership Requirement For LLC Inspections?

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The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Goodwin

New York’s Highest Court Agrees To Hear Constitutional Challenge to Estoppel Provision of FAPA

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On May 20, 2025, the New York Court of Appeals agreed to hear constitutional challenges to one aspect of New York’s Foreclosure Abuse Prevention Act (FAPA). ...more

Ervin Cohen & Jessup LLP

California Court of Appeal Rejects "Headless" PAGA Claims in Williams v. Alacrity Solutions Group

In a significant development for California employers, the Court of Appeal in Williams v. Alacrity Solutions Group, LLC recently affirmed the dismissal of a Private Attorneys General Act (“PAGA”) claim brought solely on...more

Snell & Wilmer

First Circuit Upholds Denial of Preliminary Injunction Against Massachusetts’ Ban on Assault Weapons and Large-Capacity Magazines

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In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more

Allen Matkins

Judge Rules Shareholders Can Pursue Derivative Claim Following A "Conversion"

Allen Matkins on

A year ago, I posited the question whether a derivative suit can survive a conversion. I raised that question in reference to Palkon v. Maffei, 2024 WL 678204 (Del. Ch. Feb. 20, 2024), in which the plaintiffs unsuccessfully...more

Winstead PC

Court Held That Non-Attorney Executor Could Not Appeal An Order

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In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed)....more

King & Spalding

Southern District of New York Allows Fraudulent Transfer Claims Accusing JPMorgan and Others of Scheme, Dismisses Claims for...

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On March 27, 2025, the U.S. District Court for the Southern District of New York largely denied a motion to dismiss fraudulent transfer and tortious interference claims arising out of a dispute over the financing and...more

Goodwin

Third Circuit Affirms Rejection of AstraZeneca’s Challenges to IRA Drug Price Negotiation Program

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On May 8, 2025, the Court of Appeals for the Third Circuit affirmed the district court’s dismissal of AstraZeneca’s challenges to the Inflation Reduction Act’s Drug Price Negotiation Program and CMS’s Guidance implementing...more

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