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Breach of Contract › Corporate Counsel › Class Action

Fisher Phillips

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

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A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

Foley & Lardner LLP

New Circuit Decisions Highlight When Individualized Damages Issues May Preclude Class Certification

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Under Federal Rule of Civil Procedure 23(b)(3), a district court may certify a damages class if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

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Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

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A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

Pierce Atwood LLP

Enforcing U.S. Consumer Data Privacy Laws Part 3: Private Litigation and Arbitration

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In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Holland & Knight LLP

Uber Loses Appeal Challenging $91 Million in Mass Arbitration Fees

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The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....more

Bennett Jones LLP

Ontario Superior Court Limits Potential Class Action Entitlement for Pure Economic Loss

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While the effects of the Supreme Court of Canada's decision in 1688782 Ontario Inc v Maple Leaf Foods Inc., 2020 SCC 35 [Maple Leaf], begin to reverberate in the decisions of lower courts, Justice Paul Perell's certification...more

Bennett Jones LLP

A Look at COVID-19 Class Actions in Canada

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The COVID-19 pandemic upended the class actions landscape in 2020, with over 30 COVID-19 related class actions launched in Canada since the pandemic took hold in March. While that number pales in comparison to the hundreds of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Answers and Amounts in Controversy

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This week, we take a look at two decisions tackling novel procedural issues.  In the first, the Court strictly applied the amount-in-controversy requirement of the Class Action Fairness Act, faulting a defendant for not...more

Kelley Drye & Warren LLP

What Will “Phase II” of COVID-19 Class Actions Look Like?

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As we previously reported, the spread of class actions relating to the COVID-19 pandemic has become a significant contagion of its own. More than 500 coronavirus class actions have been filed since March, including suits...more

Foley & Lardner LLP

Strategy Considerations for Defending COVID-19 Related Class Actions

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Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against hospitality and leisure industry companies, like hotels, timeshares, fitness and social clubs,...more

McDermott Will & Schulte

Importance of CCPA Compliance Highlighted by First Round of Private Actions

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The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

Carlton Fields

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

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After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

Ballard Spahr LLP

Eighth Circuit Issues Two Class Action Data Breach Rulings

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In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more

BakerHostetler

D.C. Court Dismisses Class Action Breach of Contract Case Based on Policy Manual

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It’s unusual to see an employment class action based on breach of contract by nonunionized employees. A recent case from the District of Columbia involving the Washington Metropolitan Area Transit Authority (WMATA), reflects...more

Fenwick & West LLP

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

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Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

Orrick, Herrington & Sutcliffe LLP

Second Circuit Rules That Judges Can Decertify a Class After a Jury Verdict

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The Second Circuit recently held that under Federal Rule of Civil Procedure 23, a district court judge can decertify a class after a jury verdict in favor of the class but before entering judgment, upholding a Southern...more

BakerHostetler

Collado v. J & G Transport, Inc. – When a Waived Right to Arbitrate is Revived

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Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 (11th Cir. April 21, 2016) is but the latest example. In...more

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