Kristin Ann Shepard

Kristin Ann Shepard

Carlton Fields Jorden Burt

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Defects More Than Cosmetic: Beauty Product Purchasers Fail to Satisfy Rule 23

The Southern District of New York recently denied class certification in a consolidated putative class action against a cosmetics company for breach of contract, false advertising, unfair competition, deceptive acts and...more

10/19/2015 - Avon Breach of Contract Class Action Class Certification Cosmetics False Advertising Putative Class Actions Rule 23 Unfair Competition Unfair or Deceptive Trade Practices

How to Handle Claims Brought by a Class Representative Under Laws of a Different State: Lessons from the Northern District of...

Arroyo v. TP-Link USA Corporation (N.D. Cal.) presents a varied opinion on the viability of class claims under California law, particularly as brought by a non-California class representative. Plaintiff, a Florida resident,...more

10/13/2015 - Breach of Warranty Class Action Class Representatives Consumers Legal Remedies Act Express Warranty False Advertising Motion to Dismiss Putative Class Actions Unfair Competition

Data Breach Class Claims Survive Clapper

On appeal to the Seventh Circuit, a three-judge panel opinion written by Chief Judge Woods reversed the lower court. Remijas v. Neiman Marcus Group, LLC, No. 14-3122, 2015 WL 4394814, at *3 (7th Cir. July 20, 2015). The panel...more

9/29/2015 - Article III Causation Clapper v. Amnesty International Class Action Credit Monitoring Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection En Banc Review Fraudulent Charges Hackers Identity Theft Injury-in-Fact Neiman Marcus Personally Identifiable Information Petition for Writ of Certiorari Putative Class Actions SCOTUS Standing

Still a Target: Court Certifies Bank Class Claims Against Retailer Following Data Breach

Although Target has tentatively settled consumer data breach class action claims, the retailer remains in the crosshairs of the plaintiffs’ class action bar. On September 15, a Minnesota federal district court certified a...more

9/25/2015 - Banking Sector Class Action Credit Cards Cyber Attacks Cyber Crimes Data Breach Debit and Credit Card Transactions Debit Cards Derivative Suit Financial Institutions Fraud Alerts Fraudulent Charges Hackers Retailers Shareholder Litigation Shareholders Target Visa Inc

Circuit Split on Standing in Data Breach Class Actions Survives Clapper

Last Friday, the Seventh Circuit Court of Appeals denied a retailer’s petition for rehearing en banc of a three-judge panel opinion holding that plaintiffs whose credit card information was stolen in a data breach had...more

9/23/2015 - Appeals Article III Clapper v. Amnesty International Class Action Corporate Counsel Credit Cards Cyber Attacks Cyber Crimes Data Breach Debit Cards En Banc Review Hackers Identity Theft Neiman Marcus Retail Market SCOTUS Standing

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

9/11/2015 - Campbell Ewald v Gomez Class Action Class Certification Educational Institutions Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Jurisdiction Privacy Laws Putative Class Actions Right to Privacy Rule 68 SCOTUS TCPA Unsolicited Faxes

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

8/20/2015 - AARP Adobe Article III Breach of Contract Class Action Consumer Protection Act Data Collection Facebook Personally Identifiable Information Privacy Policy Putative Class Actions Standing Websites

Eleventh Circuit Doubles Down on “No Class Tolling” Rule

The Eleventh Circuit has doubled down on its prior holding that a pending class action will not toll the statute of limitations for a later class action seeking to represent the same class. Plaintiff brought a class action...more

8/13/2015 - Class Action Statute of Limitations TCPA Tolling

Party Waived Right to Compel Arbitration by Waiting to Raise the Defense Until After Class Certification and Shortly Before Trial

After two years of litigation and extensive pretrial discovery, the Tenth Circuit held that cable company Cox Enterprises had waived its right to compel arbitration in an antitrust class action. The opinion is a cautionary...more

7/8/2015 - Arbitration Cable Television Providers Class Action Class Certification Discovery Motion to Compel

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

5/27/2015 - Class Action Cy Pres Funds Department of Agriculture Indigenous Peoples Modification Native American Issues Rule 23

SCOTUS Accepts Certiorari to Address Article III Standing in “No-Injury” FCRA Class Action

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

5/4/2015 - Article III FCRA Right to Privacy SCOTUS Spokeo v Robins Standing

Data Breach Class Actions: Don’t Overlook Standing Defense Just Because Plaintiff Alleges Identity Theft

A New Jersey federal district court recently dismissed the putative class action claims of four plaintiffs against a health care defendant following the theft of two password-protected laptops allegedly containing personal...more

4/23/2015 - Article III Data Breach Health Care Providers HIPAA Passwords Privacy Policy Putative Class Actions

Regulatory Settlement Proves Major Obstacle for Certification of Minor Class of Google In-App Purchases

Google sells apps on its Play Store that allow users to make in-app purchases, typically the buying of “currency” for use in app-based games. This putative class action alleged that the games were aimed at minor children and...more

4/23/2015 - FTC Google Play Minors Mobile Apps Putative Class Actions Virtual Currency

Third Circuit to Plaintiffs’ Bar: Expert Testimony Necessary for Certification Must Satisfy Daubert

Plaintiff purchasers of traditional blood reagents, products that test the compatibility of donor blood with recipients, brought putative class actions claiming that two defendant companies conspired to fix prices in...more

4/23/2015 - Class Action Clinical Laboratories Daubert Standards Expert Testimony Federal Rules of Civil Procedure Price-Fixing Rule 23

Target Reaches Preliminary Settlement in Consumer Data Breach Class Action

Last week, a Minnesota federal district court granted a motion for preliminary approval of a settlement of putative consumer class action claims against Target in the wake of a data breach at the retailer over the 2013...more

3/27/2015 - Data Breach Putative Class Actions Settlement Offer Target

Certification of Minor Class Could Have Major Impact on Facebook

Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more

3/27/2015 - Class Certification Facebook Federal Rules of Civil Procedure Minors Parental Consent Putative Class Actions Rule 23(b)(2) Terms of Service

Circuit Courts Address Impact of Arbitration Agreements on Labor Class and Collective Actions

In Conners v. Gusano’s Chicago Style Pizzeria, plaintiffs, former employees of defendant, brought a collective action alleging violations of the Fair Labor Standards Act. Defendant responded by implementing a binding...more

3/27/2015 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions FLSA

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

3/27/2015 - Data Breach Dismissals Imminent Harm Personally Identifiable Information Popular Putative Class Actions Standing

Insurance Balance Billing Class Fails Rule 23’s Requirements

Plaintiff filed a putative class action in Arkansas state court against his automobile insurer for alleged failure to pay the full amount it was contractually required to pay for his medical bills following a car accident. ...more

1/30/2015 - Auto Insurance CAFA Car Accident Class Action Insurance Industry Insurance Litigation Putative Class Actions Rule 23

Eighth Circuit Decertifies Four FDCPA Classes Where District Court Failed to Conduct Rigorous Analysis Required by Wal-Mart...

The Eighth Circuit recently held that a district court abused its discretion by certifying four classes of Nebraska consumers in an action against a debt collector and its attorneys for alleged violations of the Fair Debt...more

1/29/2015 - Abuse of Discretion Class Action Class Certification Decertify FDCPA Pleading Standards

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

Will 2015 Be The Year of the Data Breach Class Action?: Target Data Breach Claims Survive Motions to Dismiss

Various media outlets dubbed 2014 “the Year of the Data Breach.” Unfortunately for businesses, breach of their secure systems by hackers may be only the beginning of the bad news – which often culminates in class action...more

1/14/2015 - Banks Class Action Complex Litigation Data Breach Debit and Credit Card Transactions Multidistrict Litigation Putative Class Actions Retailers Target

California’s Northern District Bucks Standing Trend in Data Breach Class Action

A recent California federal district court order may prove a massive boon to data breach class action plaintiffs. The Northern District of California order, issued in In re Adobe Systems, Inc. Privacy Litigation, denied...more

1/7/2015 - Adobe Class Action Data Breach Hackers Personally Identifiable Information Popular Standing

Will Any Matters Addressed at the NAIC’s 2014 Fall National Meeting Reach the Playoffs?

Like hopeful NCAA college football teams, several matters affecting life and annuity products looked, in 2014, like they would make the playoffs and finally be resolved in early 2015. - The review of Principle-Based...more

1/7/2015 - Insurance Industry NAIC

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