No, Yes, or Back to State Court? Three Circuits Address Standing in Statutory...
In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no...
View ArticleTCPA Class Certified Based Largely on “Concrete Injury” Determination
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has...
View ArticleNothing Crafty About Michaels’ Disclosure Under Spokeo
A New Jersey District Court followed Spokeo’s Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores. Plaintiffs claimed that Michaels’...
View ArticleA Damages Class Is Certified, but No Standing for Declaratory and Injunctive...
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State...
View ArticleNinth Circuit Expands American Pipe Tolling to Subsequent Securities Class...
The Ninth Circuit in Resh v. China Agritech, Inc., No. 15-55432, 2017 WL 2261024 (9th Cir. May 24, 2017), revived the third successive putative shareholder class action against a fertilizer...
View ArticleGame Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable...
A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the...
View ArticleSCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action...
We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times (here, here, here, and here), most recently following the Ninth...
View ArticleNinth Circuit Holds ADA Certified Class Has Standing to Challenge Facilities...
Plaintiff, seeking declarative and injunctive relief, brought a putative class action alleging that the city and county of San Francisco failed to comply with certain requirements of the Americans with...
View ArticleAre DC Federal Courts the Next Hotbed for Data Breach Class Actions?
We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh...
View ArticleObjectively Non-Flushable? The Northern District of California Certifies...
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a...
View ArticleStill Standing: Ninth Circuit Again Finds Standing in Spokeo Remand
The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which...
View ArticleThe Continuing Saga of Standing in Data Breach Class Actions: The 8th Circuit...
We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in...
View ArticleNinth Circuit Says Plaintiff Might Get Fooled Again
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs...
View ArticleWhich Comes First Standing or Class Certification? Northern District of...
The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each...
View Article401K Not OK: ERISA Class Certified Under Rule 23(b)(1)(B)
A New York district court granted certification in an ERISA class action brought by employees of Deutsche Bank alleging the individual fiduciaries of the company’s retirement plan engaged in...
View ArticleFall Data Breach Roundup and 2018 Preview: Supreme Court, OPM, Equifax and More!
As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon...
View ArticleStill Standing: Ninth Circuit Again Finds Standing in Spokeo Remand
The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010. The plaintiff initiated the lawsuit against Spokeo, which...
View ArticleThe Continuing Saga of Standing in Data Breach Class Actions: The 8th Circuit...
We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in...
View ArticleNinth Circuit Says Plaintiff Might Get Fooled Again
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs...
View ArticleWhich Comes First Standing or Class Certification? Northern District of...
The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each...
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