News & Analysis as of

Class Action Injury-in-Fact Split of Authority

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Venable LLP

Supreme Court Forgoes Chance to Resolve Issue of Class Certification under Rule 23

Venable LLP on

On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more

BCLP

Eleventh Circuit Finds No Article III Standing in Data Breach Class Action - Further Solidifying Circuit Split

BCLP on

In Tsao v. Captiva MVP Rest. Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), Tsao brought a putative class action against PDQ - a restaurant chain that he purportedly patronized - following a data...more

King & Spalding

En Banc Eleventh Circuit to Address FACTA Standing Issues in Context of Class Settlement

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On October 4, the Eleventh Circuit agreed to review en banc a panel decision holding that a consumer’s heightened risk of identity theft is enough to establish Article III standing. Named plaintiff David Muransky filed a...more

King & Spalding

Eleventh Circuit Splits With Ninth Circuit On Concrete Injury Requirement In TCPA Class Action Involving Unsolicited Text Message

King & Spalding on

On August 28, the Eleventh Circuit held that receiving one unsolicited text message is not a concrete injury that establishes Article III standing under the Telephone Consumer Protection Act (“TCPA”). The opinion creates a...more

King & Spalding

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

King & Spalding on

On August 16, the D.C. Circuit held in a high-profile antitrust MDL involving railroad shippers that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their expert’s damages model calculated...more

King & Spalding

Eleventh Circuit Creates Circuit Split on Article III Standing and Confirms that Class Members Who Object to a Class Settlement...

King & Spalding on

On April 22, 2019, the Eleventh Circuit held in Muransky v. Godiva Chocolatier, Inc. that a plaintiff who claimed to have suffered a heightened risk of identity theft when the defendant printed a receipt containing too many...more

Bradley Arant Boult Cummings LLP

Another Punt: The Supreme Court Denies Certiorari in the Zappos Case

We wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

Harris Beach Murtha PLLC

Can't This Just Be Over? Standing In Cybersecurity Claims

In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach is enough to satisfy the "injury in fact" standing requirement. Attias v....more

Seyfarth Shaw LLP

ELL SCOTUS SERIES: # 2 – Spokeo, Inc. v. Robins

Seyfarth Shaw LLP on

In the second periodic installment of the Employment Law Lookout Blog Team’s analysis of employment law (and related) case being heard by the United States Supreme Court this term, read on for our take on Spokeo Inv. v....more

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