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The Most Important Class Action Decisions of 2018 and a Quick Look at What’s to Come

As the new year begins, this is a good time to recap two of the major Supreme Court decisions from the past year impacting class action law, and to look ahead to a couple big decisions on the horizon....more

Second Circuit Holds Data Breach Class Action Plaintiff Lacks Sufficient Injury to Support Standing

Those who tuned in to McGuireWoods’ data breach class action webinar last month know that attacking the plaintiff’s standing can be an effective defense strategy in these cases. Here’s our analysis of the most recent...more

Week in Review: Ascertainability under Rule 23(b)(2) and a Dose of Spokeo

This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals of putative class...more

Week in Review: Lots of Action in “Natural” Product-Labeling Class Litigation

This week we take a look at a couple major recent decisions in product-labeling class actions, as well as a close call the Supreme Court will not be deciding this term. Ninth Circuit Rejects Class Counsel’s Damages...more

Week in Review: How the Causes of Action Asserted Impact Which Defendants Face Certification

This week we consider a decision that illustrates how the suitability—or unsuitability—of certain causes of action for certification can render certain defendants more susceptible to class actions than others, as well as a...more

Week in Review: How Excluding the Plaintiff’s Expert Can Position You Perfectly to Defend a Rule 23(f) Appeal and More

This week we take a look at how a trial court’s evidentiary rulings can foreclose pathways to appealing a ruling on certification down the line, as well as a Hail Mary appeal by a group of Super Bowl ticketholders that fell...more

Week in Review: The Uphill Battle of a Rule 23(f) Appeal and More Spokeo

This week we take a look at a Ninth Circuit decision giving short shrift to a Rule 23(f) appeal and revisit two repeat players on Class Action Countermeasures: arbitration clauses and challenges to a class representative’s...more

Week in Review: Appellate Court Upholds Damages-Based Challenge to Predominance and More

This week’s recap examines a recent appellate ruling that provides a nice roadmap for arguing a plaintiff’s theory of damages cannot satisfy Rule 23’s predominance requirement, as well as another district court’s efforts to...more

Week in Review: Proposed Rule Changes and Another Data-Breach Decision

Today’s round-up takes a look at the potential impact on class-action litigation of some recently proposed amendments to the Federal Rules of Civil Procedure, and continues our exploration of what type of injury it takes to...more

A Look Back at Some Recent Highlights

One of our long-standing objectives for this blog is to provide in-depth analysis of recent court rulings and developing trends that impact class action practice. That remains a driving tenet. In an effort to expand our...more

Supreme Court: Plaintiff Alleging Statutory Procedural Right Violation Must Show Concrete Injury

On May 16, 2016, the U.S. Supreme Court held in Spokeo, Inc. v. Robins that a bare procedural violation of a statutory requirement, divorced from any concrete harm, does not establish the injury-in-fact necessary to maintain...more

Structuring a Settlement After Asserting Class Members Did Not Suffer Any Concrete Injury

Frequently, a class action complaint will set forth an elaborate theory of why the defendant’s actions were negligent or wrongful, but fall short when trying to identify how that conduct has harmed the class members. This...more

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