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Mayer Brown - Class Defense Blog

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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

Primary Jurisdiction is Gaining Some Weight in the Food Court

The plaintiffs’ bar continues to file consumer class actions challenging food and beverage labels en masse, especially in the Northern District of California—also known as the “Food Court.”...more

6/3/2014 - FDA Food Labeling Food Manufacturers Jurisdiction

More Thoughts On Ascertainability And Why It Matters In Deciding Whether To Certify A Class Action

Can you have a class action if you can’t figure out who’s in the proposed class? According to many in the plaintiffs’ bar, the answer is “yes.” ...more

5/29/2014 - Affidavits Ascertainable Class Bayer Class Action Class Certification POM Wonderful Putative Class Actions

Third Circuit Rejects Effort At End Run Around The Ascertainability Requirement

We previously wrote about the Third Circuit’s decision in Carrera v. Bayer Corp., which reversed a district court’s class-certification order because there was no reliable way to ascertain class membership—indeed, no way to...more

5/9/2014 - Bayer Class Action Class Certification En Banc Review False Advertising Rule 23 Weight-Loss Products

Class Action Can’t Be Remanded To State Court Just Because The Plaintiff Says It’s Uncertifiable

When was the last time you saw a plaintiffs’ lawyer seeking to represent a class argue that the class couldn’t be certified? Readers might wonder whether this is a trick question. ...more

4/24/2014 - CAFA Class Action Class Certification Nutritional Supplements Pharmaceutical Remand Standing

Another California Court Does Backflips To Thwart Arbitration And Elevate The Class-Action Device

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T...more

4/16/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers DirectTV Discover Bank Rule Federal Arbitration Act SCOTUS

Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?

Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and...more

4/11/2014 - Class Action Cybersecurity Cybersecurity Framework Data Protection Enforcement Actions FTC Hospitality Industry Wyndham

Cert Petition Asks Supreme Court To Decide Whether Congress Can Allow Uninjured Plaintiffs To Sue In Federal Court

For years, defendants have argued that federal courts may not entertain class-action lawsuits when the plaintiff does not allege that he or she suffered any concrete personal harm and instead relies solely on an “injury in...more

2/26/2014 - Article III Certiorari SCOTUS Standing

What The NIST Cybersecurity Framework Might Mean For Class Actions

After a year of public-private collaboration and considerable anticipation, the National Institute for Standards and Technology’s (NIST) cybersecurity framework for critical infrastructure has arrived. The interest in the...more

2/25/2014 - Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework NIST

En Banc Ninth Circuit Will Clarify When A Subdivided Mass Action Can Be Removed Under CAFA

Back in December, we blogged about two cases in the Ninth Circuit that were the latest skirmishes in the fight over whether plaintiffs can evade removal under the Class Action Fairness Act of 2005 (“CAFA”) by artificially...more

2/17/2014 - CAFA Class Action Mass Action Subdivision

Will A New Wave Of Class Actions Spring From Patent Infringement Litigation?

It is no secret that many private class actions are filed as follow-on lawsuits to news reports, government investigations, regulatory developments, and identical earlier-filed class actions. But a recent gambit by the...more

2/10/2014 - Class Action Investigations Patent Infringement Patent Litigation Patents

En Banc Ninth Circuit Demands That Courts Serve As Gatekeepers For Expert Testimony — Will That Rule Be Extended to Class Actions?...

In the battle over class certification, expert testimony proffered by both plaintiffs and defendants is playing an increasingly important role. The Supreme Court has not yet decided whether the test for admissibility of...more

1/31/2014 - Class Action Class Certification Daubert Standards Dukes v Wal-Mart Evidence Expert Testimony Wal-Mart

Do Employers Have To Pay Unionized Workers For Time Spent Donning And Doffing Safety Gear? Supreme Court Says No

In recent years, one of the hottest types of collective actions against employers under the Fair Labor Standards Act (“FLSA”) is what is commonly called a “donning and doffing claim”—a lawsuit for unpaid wages for time...more

1/30/2014 - Collective Bargaining FLSA Protective Gear SCOTUS Unions Wage and Hour

Supreme Court Holds That CAFA Doesn’t Let Defendants Remove State AG Actions To Federal Court

When state attorneys general file suits to seek monetary recoveries based on claimed injuries to private citizens, those lawsuits look like, walk like, and quack like class actions. In fact, in most of these so-called “parens...more

1/14/2014 - Attorney Generals CAFA Federal Jurisdiction Mississippi ex rel. Hood v. AU Optronics Parens Patriae SCOTUS

Book Review: The Class Action Fairness Act: Law And Strategy

In nearly nine years on the books, the Class Action Fairness Act of 2005 (“CAFA”) has generated a host of decisions interpreting its provisions. Because the state of the law on CAFA — and class actions in general — is in...more

1/3/2014 - CAFA Class Action Diversity Jurisdiction Removal

Annual Report On “Judicial Hellholes”

The American Tort Reform Association has released its annual report on “Judicial Hellholes”—a term it popularized for jurisdictions in which defendants often contend that they can’t get a fair shake. This year’s report...more

12/30/2013 - Class Action Plaintiff-Friendly Jurisdictions Punitive Damages Tort Reform

Do Class Actions Benefit Class Members? An Empirical Analysis Of Class Actions

This empirical study of class action litigation—one of the few to examine class action resolutions in any rigorous way — provides strong evidence that class actions provide far less benefit to individual class members than...more

12/11/2013 - Class Action Class Members Dismissals Settlement

New Study Finds That Class Members Rarely Benefit From Class Actions

Proponents of class actions often contend that these lawsuits deliver substantial benefits to class members. But while media coverage of class actions often suggests that class members are receiving millions of dollars in...more

12/11/2013 - Class Action Class Member Compensation

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