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Supreme Court Holds in Spokeo that Plaintiffs Must Show “Real” Harm to Have Standing to Sue for Statutory Damages

The Supreme Court today issued its decision in Spokeo, Inc. v. Robins, a closely-watched case presenting the question whether Article III’s “injury-in-fact” requirement for standing to sue in federal court may be satisfied by...more

5/17/2016 - Article III Clapper v. Amnesty International Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

The CFPB’s Proposed Anti-Arbitration Rule

The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule. This post examines the details...more

5/13/2016 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Service Contracts

Fourth Circuit: Courts, Not Arbitrators, Decide If Arbitration Agreement Authorizes Class-Wide Arbitration

A unanimous panel of the Fourth Circuit has held Del Webb Communities, Inc. v. Carlson that the question whether an arbitration agreement authorizes class-wide arbitration is for the courts, not an arbitrator, to...more

4/5/2016 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Construction Industry Corporate Counsel SCOTUS

Supreme Court holds that an unaccepted offer of judgment doesn’t moot a class action

Article III of the Constitution limits the jurisdiction of federal courts to “cases” and “controversies.” As the Supreme Court recently explained in Genesis HealthCare Corp. v. Symczyk, a lawsuit does not present an Article...more

1/21/2016 - Article III Campbell Ewald v Gomez Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Subject Matter Jurisdiction TCPA

Supreme Court Holds that Federal Arbitration Act Preempts California Court’s Interpretation of Arbitration Clause

[unable to retrieve full-text content]In AT&T Mobility LLC v. Concepcion, the Supreme Court held that the Federal Arbitration Act (“FAA”) preempts state-law rules barring enforcement of an arbitration agreement if the...more

12/16/2015 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Corporate Counsel DirectTV Federal Arbitration Act SCOTUS

Supreme Court Hears Argument in Tyson Foods v. Bouaphakeo—and a Blockbuster Class Certification Ruling Seems Less Likely

The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances in which a class action may be certified...more

11/12/2015 - Class Action Doffing Donning Rule 23 SCOTUS Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Can an Offer of Judgment to the Named Plaintiff Moot a Class Action? Supreme Court Hears Arguments in Campbell-Ewald Co. v. Gomez

Can a named plaintiff press ahead with a class action if he or she “won’t take ‘yes’ for an answer”? That colorful question, which Chief Justice Roberts asked counsel for the respondent during oral arguments yesterday in...more

10/16/2015 - Article III Campbell Ewald v Gomez Class Action Class Certification FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Offer of Judgment Putative Class Actions Rule 23 SCOTUS Standing Statutory Damages TCPA

US Federal Communications Commission’s Recent Order Expands Potential Liability under the Telephone Consumer Protection Act for...

“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent...more

7/24/2015 - CAN-SPAM Act Cell Phones FCC Health Care Providers Healthcare HIPAA Mobile Devices Prior Express Consent Robocalling Smartphones TCPA Text Messages VoIP Wireless Technology

Supreme Court to Revisit Class-Certification Standards in Tyson Foods, Inc. v. Bouaphakeo

Monday, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. Under Federal Rule of Civil Procedure 23, a court may not...more

6/9/2015 - Allstate Certiorari Class Action Class Certification Collective Actions Corporate Counsel Dow Chemical Dukes v Wal-Mart Employer Liability Issues Federal Rules of Civil Procedure FLSA Rest and Meal Break Rule 23 SCOTUS Statistical Analysis Tyson Foods Wal-Mart

Supreme Court to decide whether an offer of judgment for full relief moots a named plaintiff’s class-action claims

Article III of the Constitution limits the jurisdiction of the federal courts to “cases” and “controversies.” The Supreme Court has held that “‘an actual controversy … be extant at all stages of review, not merely at the time...more

5/19/2015 - Article III Campbell Ewald v Gomez Class Action Mootness Offer of Judgment Putative Class Actions Rule 68 SCOTUS Sovereign Immunity TCPA

U.S. Supreme Court Agrees To Hear Spokeo, Inc. v. Robins And Decide Whether Plaintiffs Who Have Suffered No Concrete Harm...

Under Article III of the U.S. Constitution, a plaintiff must allege that he or she has suffered an “injury-in-fact” to establish standing to sue in federal court....more

4/28/2015 - FCRA Injury-in-Fact Putative Class Actions SCOTUS Spokeo v Robins Standing

Supreme Court Grants Certiorari To Address Interplay of Federal Arbitration Act And State-Law Savings Clause In Arbitration...

As readers of this blog know, prior to the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration...more

3/24/2015 - Arbitration AT&T Mobility v Concepcion Certiorari Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Third Circuit Hears Oral Argument Over Whether FTC Has Authority To Regulate Data Security

After much anticipation, the Third Circuit heard oral arguments (audio) last Tuesday in the interlocutory appeal in FTC v. Wyndham Worldwide Corp. We have written previously about this case, which likely will be a significant...more

3/9/2015 - Appeals Data Protection FTC FTC v Wyndham Hospitality Industry Hotels Oral Argument

U.S. Chamber of Commerce Files Amicus Brief on Ascertainability in Key Ninth Circuit Case

As readers of our blog know, ascertainability is one of the most contentious issues in class action litigation these days. Ascertainability is the main issue presented in Jones v. ConAgra Foods, No. 14-16327, a pending Ninth...more

2/4/2015 - Ascertainable Class Class Action ConAgra Food Labeling Putative Class Actions

Supreme Court Holds That Defendants Need Not Submit Evidence with a Notice of Removal Under the Class Action Fairness Act

To remove a civil action from state court to federal court, the defendant must “file … a notice of removal … containing a short and plain statement of the grounds for removal.” 28 U.S.C. § 1446(a). Under the Class Action...more

12/16/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Federal Jurisdiction Removal SCOTUS

Standing Without Injury? Washington Legal Foundation Webinar Addresses “No-Injury” Class Actions

The Supreme Court is currently considering a petition for certiorari in Spokeo Inc. v. Robins (pdf), which raises the question whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm,...more

12/10/2014 - Class Action Federal Jurisdiction Petition for Writ of Certiorari Private Right of Action SCOTUS Spokeo v Robins Standing

En Banc Ninth Circuit Permits Removal Under CAFA of a Subdivided Mass Action

Over the past few years, a number of plaintiffs’ lawyers have attempted—with some success—to circumvent the “mass action” provisions in the Class Action Fairness Act of 2005 (“CAFA”), which allow defendants to remove to...more

11/21/2014 - CAFA Class Action Complex Litigation En Banc Review Removal

NLRB Refuses To Yield On Anti-Arbitration Ruling Despite Near-Unanimous Rejection By Courts

Friday was Halloween, an occasion when our thoughts turn to jack o’lanterns, ghosts, and zombies. We are particularly fascinated by zombies—the dead returned to life. But we’re not the only ones. In a decision early last...more

11/3/2014 - Arbitration Class Action Class Action Arbitration Waivers Conflicts of Laws D.R. Horton v NLRB Federal Arbitration Act NLRB SCOTUS

Supreme Court May Clarify Procedures For Removal Under CAFA—If It Decides To Answer The Question Presented in Dart Cherokee Basin...

This morning I attended oral arguments at the Supreme Court in Dart Cherokee Basin Operating Co. v. Owens. The issue presented in Dart Cherokee is whether a defendant who wishes to remove a case to federal court under the...more

10/8/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Federal Jurisdiction Removal SCOTUS

Getting to “yes”: Ninth Circuit provides guidance on formation of “browsewrap” arbitration agreements

In the three years since AT&T Mobility LLC v. Concepcion, courts have largely been rejecting substantive attacks on arbitration agreements that waive class actions. By contrast, in some cases plaintiffs have succeeded in...more

8/26/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Barnes and Noble SCOTUS

Third Circuit to Consider FTC’s Authority Over Data Security Standards in FTC v. Wyndham

We have written previously about the FTC’s action arising out of the data breach suffered by the Wyndham hotel group, and the company’s petition for permission to pursue an interlocutory appeal regarding the FTC’s use of its...more

7/31/2014 - Cybersecurity Data Protection FTC FTC v Wyndham Hospitality Industry Hotels Jurisdiction Popular Wyndham

Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security

We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has...more

7/10/2014 - Data Protection FTC FTC v Wyndham Jurisdiction Wyndham

Supreme Court Refuses To Overturn Fraud-On-The-Market Presumption, But Adjusts Presumption To Allow Evidence of Absence Of “Price...

The securities class action industry was launched a quarter-century ago when the Supreme Court recognized the so-called “fraud-on-the-market” presumption of reliance in most putative securities class actions. The result has...more

6/24/2014 - Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Putative Class Actions SCOTUS Securities Litigation

California Supreme Court Rejects Exceptionally Poor Sampling Method, But Leaves Open Many Questions About Sampling And Class...

In Duran v. U.S. Bank N.A., the California Supreme Court recently addressed an important question in the context of state-court class actions: Can plaintiffs invoke statistical sampling in an attempt to prove class-wide...more

6/5/2014 - Class Action Class Certification Dukes v Wal-Mart Evidence SCOTUS Statistical Sampling Wal-Mart

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