Key Points -
The U.S. Supreme Court held that all members of a certified class must demonstrate that they suffered a concrete harm—such as physical injury or monetary loss—to have Article III standing to recover damages in...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
The U.S. Supreme Court granted review last week in TransUnion LLC v. Ramirez, which presents the question of whether Article III or Rule 23 of the Federal Rules of Civil Procedure permits a damages class action where most...more
12/23/2020
/ Article III ,
Class Certification ,
Class Members ,
Class Representatives ,
Fair Credit Reporting Act (FCRA) ,
FRCP 23 ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Petition for Writ of Certiorari ,
Standing ,
TransUnion
- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial.
- Those class members...more
3/9/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Members ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Punitive Damages ,
Standing ,
Statutory Damages ,
Statutory Violations ,
TransUnion
• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more
On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more
8/21/2017
/ Appeals ,
Article III ,
Credit Reports ,
Data Breach ,
Determination on Remand ,
Fair Credit Reporting Act (FCRA) ,
Imminent Harm ,
Injury-in-Fact ,
Ripeness ,
SCOTUS ,
Split of Authority ,
Spokeo v Robins ,
Standard of Review ,
Standing ,
Statutory Violations
Facts -
On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more
6/16/2017
/ Appellate Jurisdiction ,
Article III ,
Class Action ,
Class Certification ,
Federal Rules of Civil Procedure ,
Final Judgment ,
FRCP 23 ,
FRCP 23(f) ,
Microsoft v Baker ,
Putative Class Actions ,
SCOTUS ,
Voluntary Dismissals ,
Xbox