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
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 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
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more
This summer, the First Circuit revived a privacy class action based on debt collection practices. In Nightingale v National Grid USA Service Company, the district court granted summary judgment in favor of the defendants and...more
Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...more
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new...more
The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more
Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the...more
On November 22, the Third Circuit Court of Appeals issued a decision finding that the plaintiff lacked Article III standing in a putative class action brought under the Fair Debt Collection Practices Act (FDCPA)....more
On October 12, the U.S. Court of Appeals for the Third Circuit issued a decision rejecting a district court’s finding that the so-called informational injury doctrine established Article III standing for the named plaintiff...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space....more
Federal courts of appeals have disagreed on whether a named plaintiff in a proposed class action can sue defendants who have not injured that plaintiff but allegedly have injured putative class members. This is not an...more
A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more
Takeaway: We have written a number of articles about standing issues arising in data breach class actions. See, e.g., Data breach class actions: Third Circuit sets out parameters for Article III injury-in-fact (Oct. 27,...more
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
The en banc U.S. Court of Appeals for the Ninth Circuit's recent watershed decision in Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC established several significant benchmarks for determining class...more
A federal judge in New York recently held that workers cannot assert claims for violations of New York’s Wage Theft Prevention Act (WTPA) in federal court – a ruling that further helps employers defend against these...more
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more
On June 25, 2021, the Supreme Court issued a decision in TransUnion LLC v. Ramirez, a highly anticipated appeal that we previously covered in our March and December issues last year. In a 5–4 opinion, the Supreme Court...more
On April 26, 2021, the Second Circuit considered—for the first time in a published decision—the question of Article III standing in the context of a data security case. In McMorris v. Carlos Lopez & Associates LLC, the court...more
It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more
On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more