- 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
• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint.
• The 9th Circuit in ABS Entertainment overturned Local Rule...more
1/14/2019
/ Abuse of Discretion ,
Appeals ,
Bright-Line Rule ,
Class Action ,
Class Certification ,
Discovery ,
Filing Deadlines ,
FRCP 23 ,
Local Rules ,
Reversal ,
Summary Judgment
• The U.S. Supreme Court held that the tolling provisions established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) apply to only individual claims, not to successive class actions.
• The Court’s...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more
3/21/2018
/ Appeals ,
Arbitrary and Capricious ,
Automated Systems ,
Cell Phones ,
Class Action ,
Consent ,
FCC ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications