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Class Action Supreme Court of the United States Litigation Strategies

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.
Pierce Atwood LLP

FCC 'Deletes' TCPA Regulations Following Supreme Court and Eleventh Circuit Rulings

Pierce Atwood LLP on

In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more

McGlinchey Stafford

Mclaughlin on Down: District of New Jersey Grants Class Certification on TCPA Fax Claims

McGlinchey Stafford on

Following the Supreme Court’s decision in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., district courts have begun to respond by declining to follow the Federal Communications Commission (FCC)’s interpretation of...more

Jackson Lewis P.C.

Federal Judge Blocks Implementation of EO on Birthright Citizenship in Class Action Case

Jackson Lewis P.C. on

A federal district court in New Hampshire granted certification to a nationwide class and issued a preliminary injunction (PI) on July 10 that prevents the U.S. government from implementing Executive Order 14160. EO 14160...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

Snell & Wilmer

Northern District of California Underscores Futility of Certain CIPA “Trap and Trace” Class Actions

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The Northern District of California recently dismissed, with prejudice, a purported class action against Royal Caribbean Cruises Ltd. (Royal Caribbean), alleging a violation of the California Invasion of Privacy Act (CIPA)...more

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Ballard Spahr LLP

Federal Court issues order granting universal injunction to a provisionally certified class in new birthright citizenship lawsuit

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In the aftermath of the Supreme Court’s ruling on June 27 invalidating universal injunctions as the remedy imposed by three federal district courts that had determined that President Trump’s Executive Order limiting...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on

SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

UB Greensfelder LLP

U.S. Supreme Court Restricts Nationwide Injunctions in Trump v. CASA, Inc., The Legal Challenge to the Executive Order Ending...

UB Greensfelder LLP on

On June 27, 2025, the U.S. Supreme Court issued a 6–3 decision in Trump v. CASA, Inc., marking a major shift in how federal courts may respond to challenges against nationwide policies—especially in immigration law. The case...more

Robinson+Cole Class Actions Insider

How Will Trump v. CASA, Inc.  Affect Class Certification Law?

The Supreme Court’s recent decision in Trump v. CASA, Inc., –– S. Ct. ––, 2025 WL 1773631 (U.S. June 27, 2025), restricting the use of “universal injunctions” by federal district courts, is receiving extensive attention...more

Ballard Spahr LLP

Supreme Court rejects granting of universal or nationwide injunctions in landmark opinion

Ballard Spahr LLP on

Last Friday, the Supreme Court, in a 6-3 opinion in Trump v. CASA, Inc. covering three separate lawsuits that were consolidated for purposes of argument and decision, held that Federal Courts may not grant a universal...more

Chambliss, Bahner & Stophel, P.C.

Supreme Court Update: Trump v. CASA, Inc. – Fundamental Shift in Federal Injunctive Relief Strategy

The Supreme Court’s 6-3 decision in Trump v. CASA, Inc. (2025) has fundamentally altered the federal litigation landscape by severely restricting courts’ authority to issue universal injunctions. This ruling requires...more

Davis Wright Tremaine LLP

Leveling—or Blowing Up—the Hobbs Act Playing Field?

The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more

WilmerHale

Supreme Court Limits Universal Injunctions

WilmerHale on

On June 27, 2025, the U.S. Supreme Court held in a 6-3 decision in Trump v. CASA, Inc. that federal courts lack the authority to issue universal injunctions under the Judiciary Act of 1789. In so ruling, the Court granted the...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — US Supreme Court Sends TCPA District Courts Back to Square One While Breathing New Life into...

In a new 6-3 opinion, the US Supreme Court has cast further doubt into TCPA litigation. The decade-old underlying case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al., was filed after the defendant...more

Eversheds Sutherland (US) LLP

Supreme Court: Hobbs Act does not require federal courts to defer to FCC

On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more

Katten Muchin Rosenman LLP

SCOTUS Says District Courts Are Not Bound by FCC Orders Interpreting the TCPA

On June 20, 2025, the U.S. Supreme Court delivered an opinion that could dramatically change the landscape of class actions under the Telephone Consumer Protection Act (TCPA)....more

Robinson Bradshaw

Will the Supreme Court Weigh In on Ascertainability?

Robinson Bradshaw on

We’ve written previously about courts’ differing approaches to ascertainability — an implicit requirement under Rule 23 that class members must be identifiable. A pending petition for certiorari in Career Counseling, Inc. v....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - May 2025

The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation. Nonenforcement of 2024 Mental Health Parity Regulations - Earlier...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

Hinch Newman LLP on

The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

McGlinchey Stafford

Litigation Byte (April 2025 Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

King & Spalding

Cunningham v. Cornell University: ERISA Claims Are Now Much More Costly and Difficult to Defend

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In Cunningham v. Cornell University,1 the Supreme Court unanimously held that plaintiffs who bring a prohibited transaction claim under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) are only...more

Holland & Hart - The Benefits Dial

Truck on Fire … Supreme Court Relaxes ERISA Pleading Standards

by Alex Smith The Supreme Court recently issued a decision regarding the pleading standards for ERISA prohibited transactions claims in a case involving Cornell’s 403(b) plan to resolve a federal circuit court split. Under...more

Katten Muchin Rosenman LLP

SCOTUS Considers Article III Questions with Significant Implications on Class Action Certification

The Supreme Court of the United States (SCOTUS) heard oral argument this week in Labcorp v. Davis (No. 24-304) to determine “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

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