Mass Torts vs. Class Actions: A Tale of Two Strategies
Eighth Circuit Reverses Dismissal of Putative Class Claims
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Wearables and the Future of Intellectual Property Law
In a reminder that the FTC’s new enforcement priorities will likely drive additional litigation risks, days after the settlement was announced, Disney Worldwide Services and Disney Entertainment Operations, LLC (together,...more
In a notable ruling for Telephone Consumer Protection Act (TCPA) litigation, the U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision to exclude a plaintiff’s expert witness and deny...more
On August 28, the U.S. District Court for the Eastern District of Pennsylvania denied a motion to dismiss a proposed class action against a financial services company offering earned wage access products in the form of cash...more
In a growing trend that raises serious procedural and strategic concerns, we have seen a number of cases filed by plaintiffs using fictitious names (e.g., John Doe, Jane Doe, etc.), hiding the name of the actual plaintiff. ...more
The Washington Equal Pay and Opportunities Act (EPOA) has been a hot topic after the filing of hundreds of putative class action lawsuits alleging that employers violated the EPOA by failing to include pay ranges and benefits...more
On August 11, 2025, the U.S. District Court for the Northern District of California denied a motion to dismiss a California Invasion of Privacy Act (CIPA) class action lawsuit filed against ConverseNow Technologies, Inc....more
Davis v. CVS Pharmacy, Inc., No. 4:24-cv-477-AW-MAF (N.D. Fla. Aug. 26, 2025) - Plaintiff filed a putative class action, claiming that Defendant violated 47 U.S.C. § 227(c)(5) and its implementing regulation, 47 C.F.R. §...more
Arbitration is an alternative dispute resolution method where parties can pursue their claims in a forum other than court. It is often favored for its confidentiality, efficiency and ability to provide a specialized forum for...more
In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more
Davis v. Capital One, N.A., No. 24-1507, 2025 WL 2445880 (4th Cir. Aug. 25, 2025). Background. Defendant made prerecorded calls to Plaintiff, a non-customer, attempting to reach a customer that had provided consent...more
Takeaway: We have written a number of articles dealing with “data interception class actions” alleging claims based on the use of session replay software and other data collection practices by website operators. See, e.g.,...more
On August 20, 2025, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action asserting claims under the Securities Exchange Act of 1934 against a pharmaceutical company and...more
On August 15, 2025, the Ninth Circuit affirmed dismissal of a putative class action alleging Las Vegas Strip hotels used Cendyn Group’s revenue management software to artificially inflate prices in violation of Section 1 of...more
On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are...more
Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor...more
Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that...more
On August 7, the U.S. Court of Appeals for the 9th Circuit reversed a district court’s dismissal of a putative class action brought by two homeowners who alleged violations of Washington’s Consumer Protection Act (WCPA). The...more
This report is a bite-size version of our annual year in review, providing timely insights on trends. In the first half of 2025, the Consumer Packaged Goods (CPG) industry continued to face a meaningful threat of class-action...more
On July 28, 2025, Judge Jessica G. L. Clarke of the United States District Court for the Southern District of New York denied a motion for judgment on the pleadings to dismiss a claim under Section 20(a) of the Securities...more
On July 30, 2025, Judge Brian R. Martinotti of the United States District Court of the District of New Jersey granted a motion to dismiss a putative securities fraud class action against a drug manufacturing company (the...more
In July 2025, a 4chan user posted a simple Python script. Within hours, thousands of women’s driver’s licenses, selfies, and intimate conversations were spreading across the dark corners of the internet. The source? An app...more
Every once in a while a plaintiff’s attorney will do the unthinkable. They will win certification in a TCPA class action and then walk it back– agreeing to accept an individual resolution instead of a classwide deal. The...more
In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a...more
In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action...more
On July 29, 2025, the United States District Court for the Eastern District of Pennsylvania dismissed a putative class action asserting claims under the Securities Exchange Act of 1934 against a biotechnology company and its...more