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Podcast - Finding the Balance
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A district court in Illinois has ruled that an amendment to the Illinois Biometric Information Privacy Act (BIPA) regarding a limitation on damages does not apply retroactively. Background - Plaintiff filed a class action...more
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
After numerous posts regarding the different approaches the Courts of Appeals have taken when addressing certification of a class that includes uninjured class members, we recently discussed the U.S. Supreme Court’s decision...more
On June 5, 2025, the Supreme Court dismissed the petition in Laboratory Corp. of America Holdings v. Davis on procedural grounds as having been “improvidently granted” and declined to address the underlying merits question...more
The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more
On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more
The US Supreme Court held oral arguments in Laboratory Corporation of America Holdings d/b/a Labcorp v. Davis, et al. to consider the issue of whether a federal court can certify a class when some of the members of the...more
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
On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more
For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more
Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare,...more
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
Seyfarth Synopsis: The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more
On November 6, 2018, the U.S. Supreme Court ordered post-argument supplemental briefing in Frank v. Gaos, No. 17-961 (U.S.). The primary question on which the Court granted certiorari in Frank is whether a class action...more
It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more