Class Action

TCPA – Sixth Circuit affirms enforceability of TCPA from 2015 to 2020

Class Action

Second Circuit – false advertising class actions predicated on puffery are doomed to fail

Class Action

Ninth Circuit reexamines California’s McGill rule – which prohibits contractual waivers of “public injunctive relief” – through the lens of federal preemption

Class Action

Second Circuit rules Trump parties forfeited arguments on appeal

Class Action

M.D. Pa. orders the production of cybersecurity report in data breach class action

Class Action

Navigating Jurisdictional Issues In Class Action Litigation

Class Action

Motions to strike: Eighth Circuit reverses district court refusal to strike class allegations

Class Action

False advertising class actions – absent evidence that reasonable consumers were likely to be misled, Seventh Circuit affirms summary judgment in favor of defendant

Class Action

Data interception class actions – S.D. Fla. dismisses claim that use of session replay software violates Florida Security of Communications Act

Class Action

SCOTUS standing ruling – “No concrete harm, no standing” – sidesteps class action issues and could limit federal subject matter jurisdiction over class actions

Class Action

Eleventh Circuit affirmance of fee award demonstrates the long reach of an MDL

Class Action

Fifth Circuit disagrees with Eleventh Circuit and holds that a single text message is a concrete injury under the TCPA

Class Action

Data breach class actions: Second Circuit sets out parameters for Article III injury-in-fact

Class Action

Eleventh Circuit: arbitration clause broad enough to be “related to” post-termination dispute, but is it too broad to be enforceable?

Class Action

Data breach class actions: M.D. Fla. threads the Rule 23 needle in certifying the first consumer payment card class action

Class Action

Antitrust class actions: Ninth Circuit rules that predominance “cannot be outsourced to a jury”

Class Action

Supreme Court Clarifies and Narrows the Definition of an Autodialer under the TCPA

Class Action

New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements

Class Action

Second Circuit bypasses the “construe ambiguities in favor of arbitration” rule in reversing order compelling arbitration

Class Action

Data Breach Class Actions – Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

Class Action

Ninth Circuit: divided panel revives “krab mix” false advertising class action

Class Action

Ninth Circuit holds public injunctive relief may be pursued by an individual in arbitration, thereby enforcing arbitration agreement and class action waiver

Class Action

Ascertainability – Eleventh Circuit holds administrative feasibility is not a class certification requirement, further solidifying circuit split

Class Action

RICO class actions: Ninth Circuit affirms dismissal of civil RICO claims by Volkswagen dealers

Class Action

BIPA class actions: Seventh Circuit endorses pleading strategy calculated to avoid removal to federal court

Class Action

SCOTUS Denies Cert on Seventh Circuit Refusal to Apply Bristol-Myers Personal Jurisdictional Ruling to Class Actions

Class Action

SCOTUS grants certiorari to resolve critical class action standing issue

Class Action

CAFA: in opinion potentially at odds with two recent pro-removal decisions, Ninth Circuit rules that putative class action must be remanded to state court

Class Action

BIPA class actions: Seventh Circuit holds that retention of “inherently sensitive” biometric data gives rise to standing

Class Action

Data Breach Class Actions – Eleventh Circuit En Banc Decision Could be Bad News for Plaintiffs

Class Action

Motions to strike class allegations: Ninth Circuit vacates order striking class allegations, ruling class discovery must go forward

Class Action

SCOTUS declines review of Second Circuit ruling endorsing class arbitration

Class Action

TCPA Class Actions – District Court Declares TCPA Robocalling Restriction Unconstitutional From 2015 to 2020

Class Action

Third Circuit weakens ascertainability requirement by lowering evidentiary bar

Class Action

Internet terms and conditions: Second Circuit declines to enforce arbitration agreement accessible through browsewrap hyperlink

Class Action

Ninth Circuit: two pro-defendant decisions clarify burdens regarding CAFA’s $5 million jurisdictional threshold

Class Action

Internet terms of use: Ninth Circuit enforces arbitration agreement accessible through browsewrap hyperlink

Class Action

Consumer class actions – Ninth Circuit holds that federal and not state law controls the award of equitable restitution under California’s UCL and CLRA

Class Action

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Class Action

Fraud class actions: Ninth Circuit vacates $24 million class judgment on standing and predominance grounds

Class Action

TCPA Class Actions – Supreme Court Severs Government Debt Collection Exception

Class Action

RICO class actions: District of New Jersey dismisses with prejudice federal RICO claims asserted by indirect purchasers

Class Action

Sixth Circuit: incorporation of AAA Rules delegates “gateway” issue of arbitrability to the arbitrator

Class Action

Ninth Circuit: Lost interest of under $4 sufficient to confer standing in consumer class action

Class Action

Data Breach Class Actions – Eastern District of Virginia Finds Cybersecurity Firm Incident Report Not Protected by Work-Product Doctrine

Class Action

Design defect class actions: split Ninth Circuit panel affirms exclusion of common defect expert testimony

Class Action

Big pharma antitrust class actions: Third Circuit gives primer on predominance in vacating class certification

Class Action

Fifth Circuit: arbitrator’s decision to conduct class arbitration cannot be vacated

Class Action

Data breach class actions: Illinois federal court dismisses negligence claims for lack of common law duty and based on the economic loss doctrine (among other rulings)

Class Action

Fifth Circuit rules that defendant did not waive Bristol-Myers personal jurisdiction defense asserted at class certification stage

Class Action

Second Circuit rejects personal jurisdiction over claims by out-of-state class plaintiffs and again quashes claim of “reasonable consumer” deception

Class Action

Class action standing: Ninth Circuit holds members of a damages class must demonstrate Article III standing

Class Action

Seventh Circuit rules that Bristol-Myers personal jurisdictional ruling does not apply to class actions

Class Action

False advertising class actions – “complete multivitamin” misrepresentation enough to state claims under New Jersey and Florida law

Class Action

RICO class actions: D.N.J. rejects claim for private injunctive relief under Federal RICO

Class Action

E.D. Texas rules that fraudulent overcharge theory supplies standing for civil RICO class action

Class Action

TCPA Class Actions – Eleventh Circuit Narrows Scope of TCPA, Splitting with Ninth Circuit

Class Action

Ninth Circuit deepens circuit split in pharmaceutical industry-specific RICO proximate cause ruling

Class Action

Data breach class actions – Georgia Supreme Court finds allegations of imminent risk of identity theft sufficient to create standing

Class Action

Second Circuit endorses class arbitration

Class Action

Ninth Circuit makes multiple pro-removal rulings in reversing sua sponte CAFA remand

Class Action

District Court Rejects Class of Pop Warner Football Parents for Lack of Common Misrepresentations

Class Action

Eleventh Circuit Reverses Certification of Damages Class Masquerading as Injunction Class

Class Action

E.D.N.Y.: Class certification evidence must be admissible

Class Action

Eleventh Circuit reinvigorates Spokeo in single text message TCPA case

Class Action

D.C. Circuit denies class certification where putative antitrust class includes uninjured class members

Class Action

Class-wide damages model: Ninth Circuit cabins Comcast

Class Action

California Supreme Court adopts Seventh Circuit’s “weak” view of ascertainability

Class Action

TCPA: district court strikes class allegations due to individualized issues of consent and revocation

Class Action

Second Circuit again affirms dismissal of “diet soda” consumer fraud class action

Class Action

CAFA: Third Circuit holds that denial of class certification does not divest district court of CAFA jurisdiction

Class Action

Data Breach Class Actions – Georgia Supreme Court Rejects Duty to Safeguard Personal Information

Class Action

Data breach class actions – Eighth Circuit affirms merits dismissal in the SuperValu data breach litigation

Class Action

Ninth Circuit upholds arbitration provision testing the “outer limits” of what constitutes an enforceable arbitration agreement

Class Action

Landmark Class Settlement Approved to Reform One of the “Harshest and Most Draconian” Solitary Confinement Units in the United States

Class Action

What the Lamps Plus court did not say about class arbitration

Class Action

First Annual Patenting Trends Study Provides Decision Makers With Clear and Actionable Information for 12 Economically Significant Industries

Class Action

The Second Circuit puts another nail in the diet soda class action coffin

Class Action

Getting it wrong – remanding a removed class action back to state court after the denial of class certification

Class Action

SCOTUS declines to review Sixth Circuit decision affirming class “issue” certification

Class Action

SCOTUS punts in cy pres-only class settlement case, remanding on Spokeo standing issue

Class Action

Notes from RICO Class Action Wars Against Pharmaceutical Companies

Class Action

Don’t miss the chance to strike out class actions

Class Action

Seventh Circuit holds Zestimates constitute non-actionable opinions

Class Action

Is standing overrated? Data breach defendants who lose standing battles end up winning dismissal on the merits.

Class Action

Second Circuit: False labeling class actions – viewed in context, is the theory of deception plausible?

Class Action

Arbitration: Justice Kavanaugh eliminates “wholly groundless” exception to delegation clauses – Did you know you had a delegation clause?

Class Action

Cy pres-only class settlements – anticipated Supreme Court decision may never come to pass

Class Action

Although Resh v. China Agritech only tells the federal side of the equitable tolling story, the California Supreme Court thinks it requires reexamination of a state equitable tolling ruling

Class Action

The Lamps Plus oral argument suggests the U.S. Supreme Court may address the threshold issue of an arbitrator’s power to adjudicate the claims of absent class members

Class Action

Reading between the lines: the Seventh Circuit’s recent class arbitrability ruling suggests a paradigm for squaring delegation clauses with class action waivers

Class Action

Split Ninth Circuit Cements Circuit Split on Admissibility of Class Certification Evidence

Class Action

First Circuit addresses an issue that continues to vex (and split) the circuits: should a class be certified that includes uninjured class members?

Class Action

Ninth Circuit rules that post-removal attorneys’ fees count towards CAFA’s $5 million threshold, creating split with Seventh Circuit

Class Action

Class arbitration – can it even work?

Class Action

S.D.N.Y. rules “objector extortion” in class settlement context can and should be sanctioned, and further curtailed by requiring an appellate bond

Class Action

Ninth Circuit: proving up CAFA’s “home state” controversy exception – evidence is required and jurisdictional discovery will probably be necessary

Class Action

N.D. Cal. sounds the death knell on “diet” soda class actions

Class Action

Contradictory testimony dooms class certification of Krazy Glue “slack-fill” class action (C.D. Cal.)

Class Action

Cutting a class defendant some slack: the S.D.N.Y. rejects a “least sophisticated consumer” test in dismissing “slack-fill” class action

Class Action

RICO class actions: To win certification, the RICO claims must be driven by defendant-specific and not class-member specific evidence; otherwise, individualized issues predominate.

Class Action

California Supreme Court: the FLSA’s de minimus rule does not apply to California wage and hour claims, especially wage and hour class actions that are designed to aggregate small claims

Class Action

Data breach class actions: Georgia appellate court again rejects negligence claim predicated on alleged duty to safeguard personal information

Class Action

Despite Judge Kavanaugh’s thin record on class actions, one tea leaf suggests hostility to using Rule 23 to obtain a “class-wide jackpot”

Class Action

Ninth Circuit – a UCL plaintiff must prove “value received” when purchased product has some value

Class Action

S.D.N.Y. joins N.D. Cal. in rejecting claim that “diet” soda is deceptive to a reasonable consumer

Class Action

Ninth Circuit Declines to Hold CRA Responsible for Subscriber’s Misapplication of Credit Report

Class Action

Be Careful What You Wish for When Asserting Article III Standing Challenges

Class Action

Deepening district court discord on application of Bristol-Myers to class actions highlights need for appellate guidance

Class Action

Supreme Court Approves Employers’ Use of Class-Action Waivers in Arbitration Agreements

Class Action

Ninth Circuit deepens Circuit split by holding inadmissible evidence can be considered in resolving class certification

Class Action

U.S. Supreme Court puts class action doubleheader on the calendar – cy pres awards and class arbitration

Class Action

Seventh Circuit: the economic loss doctrine precludes tort claims between participants in a contractual network that allocates risk for a data breach

Class Action

Ninth Circuit dismisses TCPA claim, finds recipient’s insurance enrollment form constituted “prior express consent”

Class Action

Leveraging Comcast – beating predominance where challenged product has some value

Class Action

Ninth Circuit: If you want an arbitration agreement enforced, don’t try to slide it by later

Class Action

Fourth Circuit finds manufacturers not vicariously liable for retailers’ TCPA violations

Class Action

ERISA class actions: Ninth Circuit rules that a third-party administrator is NOT an ERISA fiduciary with respect to the terms of its own compensation

Class Action

Certifying a Settlement Class: What’s Good for the Goose Has to be Good for the Gander

Class Action

A Practical Guide to Settling Class Action Cases on Appeal

Class Action

New York Trial Court Does Its Best To Shore Up Standard for Approving Disclosure-Only Class Action Settlements

Class Action

Five Years After Justice Alito’s Oxford Health Concurrence, Have The Second Circuit and Southern District of New York Signaled The End of Opt-Out Class Arbitrations?

Class Action

Fourth Circuit Reaffirms Pre-Dart Cherokee Ruling that Counter-Defendant Cannot Remove Class Action Counterclaims Under CAFA

Class Action

We don’t know where we stand – three recent takes on injunctive relief standing in the Ninth Circuit

Class Action

Illinois Appellate Court Employs Spokeo-type Reasoning to Hold Biometric Data Class Action Should be Dismissed for Lack of Actual Injury

Class Action

California appellate court holds employee’s dismissal of individual labor claims precludes PAGA standing

Class Action

House Passes Fairness in Class Action Litigation Act of 2017

Class Action

A Ninth Circuit Blueprint for a RICO Class Action

Class Action

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

Class Action

The Eleventh Circuit holds CAFA’s local controversy provision does not preclude the exercise of federal question jurisdiction

Class Action

The new CAFA? The Fairness in Class Action Litigation Act of 2017

Class Action

Ninth Circuit: An enforceable arbitration agreement requires notice to and assent by the consumer

Class Action

The TCPA and Risk of “Sabotage Liability”

Class Action

GORSUCH ON RULE 23 AND CAFA

Class Action

U.S. Supreme Court to Decide Key Personal Jurisdictional Issue Relevant to Class Action Litigation

Class Action

What to Make of the Third and Seventh Circuit Dueling Spokeo Rulings in Recent Privacy Breach Class Actions

Class Action

Predominance? Class Defendant Must Introduce Evidence that Individualized Issues Predominate

Class Action

Ninth Circuit Rejects Ascertainability as a Requirement for Class Certification Under Rule 23

Class Action

Establishing CAFA Jurisdiction in the Face of Contradictory Allegations

Class Action

Personal jurisdiction over non-resident class members: An overlooked defense in nationwide class actions?

Class Action

Recent Orders in Two California Class Actions Highlight the Need for a Well-Crafted Discovery Strategy

Class Action

Beating Class Certification in the Ninth Circuit on the Damages/Restitution Issue