• The United States Supreme Court held that certain securities class actions affecting issuer defendants may be brought in state court and may not be removed to federal court.
• The decision will likely extend or expand...more
• 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
• The DOJ has streamlined its process for reviewing CAFA settlement notices.
• The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more
• A judge in the Northern District of Illinois held that the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) is applicable to personal jurisdiction...more
• The U.S. Supreme Court granted a certiorari petition filed by China Agritech from the 9th Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). The Court will clarify whether its landmark ruling...more
12/14/2017
/ American Pipe & Construction Co. v. Utah ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
Petition for Writ of Certiorari ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Exchange Act ,
Securities Fraud ,
Statute of Limitations
• 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
• The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a securities fraud claim alleging that Yelp fraudulently inflated its stock price by misleading investors about its practices concerning the business...more
11/29/2017
/ Appeals ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Federal Trade Commission (FTC) ,
Investors ,
Loss Causation ,
Misleading Statements ,
Online Reviews ,
Price Inflation ,
Scienter ,
Securities Fraud ,
Stock Prices ,
Yelp
• The 9th Circuit held that consumers may have Article III standing to seek an injunction under California false advertising law even though the consumer subsequently learned that the advertising in question was false or...more
Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year...more
9/20/2017
/ Arbitration Agreements ,
Article III ,
Ascertainable Class ,
Campbell Ewald v Gomez ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FRCP 23 ,
Injury-in-Fact ,
Mootness ,
Offer of Judgment ,
Popular ,
Proposed Legislation ,
Settlement Offer ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
The Fairness in Class Action Litigation Act of 2015
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
The CFPB was created by Dodd-Frank legislation in 2010, and, among other things, was tasked with studying and issuing a report on arbitration agreements in the financial products sector (e.g., bank accounts, credit card...more
7/17/2017
/ Arbitration Agreements ,
Banks ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Dodd-Frank ,
Legislative Agendas ,
New Rules ,
Richard Cordray ,
Trump Administration
On July 7, in In re Petrobras Securities, the 2nd Circuit declined to adopt an independent “administrative feasibility” requirement for class certification under Rule 23. In so holding, the 2nd Circuit joined the 6th, 7th,...more
7/14/2017
/ Administrative Feasibility ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Petrobras ,
Predominance Requirement ,
Securities Litigation ,
Split of Authority
On June 20, 2017, the U.S. Court of Appeals for the 7th Circuit provided guidance on attempts by defendants to moot a plaintiff’s claim by depositing with the court damages sufficient to make the plaintiff whole. The practice...more
7/1/2017
/ Affirmative Defenses ,
Appeals ,
Campbell Ewald v Gomez ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 8 ,
Mootness ,
Putative Class Actions ,
Rule 67 ,
Settlement Offer ,
TCPA
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
On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more
4/10/2017
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Citibank ,
Class Action ,
CLRA ,
Credit Card Agreements ,
False Advertising ,
Federal Arbitration Act ,
Injunctive Relief ,
Preemption ,
Public Policy ,
Reversal ,
State and Local Government ,
Statutory Remedies ,
Statutory Rights ,
Unenforceable Contract Terms ,
Unfair Competition
Key Points -
- The U.S. Court of Appeals for the 9th Circuit joined the 6th, 7th, and 8th Circuits in declining to adopt an “administrative feasibility” requirement for plaintiffs seeking to certify a class under...more
Key Points -
- The U.S. Court of Appeals for the 9th Circuit found that Dole’s “All Natural” food labels on products containing synthetic ingredients could be misleading to a reasonable consumer.
- The 9th...more
Key Points
- The U.S. Court of Appeals for the 2nd Circuit recently held that district courts have the power to decertify a class even after a jury verdict in favor of the class...more
7/22/2016
/ Abuse of Discretion ,
Class Certification ,
Corporate Counsel ,
Decertify ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Late Fees ,
Loan Servicer ,
Mortgages ,
Privity of Contract ,
The Money Store