This year has been an important one for class action law. Here are 10 of the most important class action cases of 2021 and their impact on class action litigation....more
12/10/2021
/ Article III ,
Class Action ,
Corporate Counsel ,
Data Breach ,
NCAA ,
Predominance Requirement ,
Securities Exchange Act ,
Standing ,
Student Athletes ,
TCPA ,
TransUnion LLC v Ramirez
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more
9/17/2019
/ Amicus Briefs ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Fourth Amendment ,
Interlocutory Appeals ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Violations ,
Social Media ,
Spokeo v Robins ,
Standing
A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more
A representative plaintiff who purchased Aveeno sunscreen products and baby bath products brought putative class actions against the products’ manufacturer, Johnson & Johnson, in the United State District Court for the...more
5/10/2017
/ Article III ,
Baby Products ,
CUTPA ,
False Advertising ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Johnson & Johnson ,
Labeling ,
Natural Products ,
Personal Care Products ,
Putative Class Actions ,
Standing ,
Unfair or Deceptive Trade Practices
Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more
2/9/2017
/ Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
FRCP 23 ,
FRCP 23(b)(3) ,
Injury-in-Fact ,
Invasion of Privacy ,
Robocalling ,
Spokeo v Robins ,
Standing ,
TCPA ,
Telecommunications
On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...more
2/6/2017
/ Abuse of Discretion ,
Article III ,
Attorney General ,
BP ,
CAFA ,
Class Action ,
FRCP 23(b)(2) ,
Judicial Appointments ,
Justice Scalia ,
Neil Gorsuch ,
Nominations ,
SCOTUS ,
Sherman Act ,
Standing ,
Trump Administration
In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no concrete injury as a result of...more
1/26/2017
/ Article III ,
Cable Communications Protection Act (CCPA) ,
Cable Operators ,
Class Action ,
Class Certification ,
Customer Information ,
Fair Credit Reporting Act (FCRA) ,
IKEA ,
Injury-in-Fact ,
Personally Identifiable Information ,
Song-Beverly Credit Card Act ,
Spokeo v Robins ,
Standing ,
Time Warner
On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified.
The plaintiff, an Alabama trucking...more
12/7/2016
/ Article III ,
CAFA ,
Class Action ,
Class Certification ,
Jurisdiction ,
Oil & Gas ,
Settlement ,
Standing ,
Subject Matter Jurisdiction ,
Transportation Industry ,
Trucking Industry
A defendant who lost a bench trial in a certified class case alleging that it violated the Electronic Funds Transfer Act by forcing the plaintiff and class to use electronic funds transfer services to obtain loans sought to...more
12/7/2016
/ Article III ,
Banking Sector ,
CashCall ,
Class Action ,
Consumer Lenders ,
EFTA ,
EFTs ,
Fees ,
Loans ,
Spokeo v Robins ,
Standing
The Supreme Court has issued its long-awaited decision in Spokeo v. Robins. By a 6-2 vote, the Court reversed the Ninth Circuit decision that a class plaintiff who suffered no actual damages had standing to sue. But it did...more
On April 27, the Supreme Court accepted certiorari review in Spokeo, Inc. v. Robins, 13-1339, to address whether consumers can establish Article III standing without actual harm or injury, by alleging a violation of a federal...more