The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...more
Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more
3/14/2023
/ Article III ,
Class Action ,
Class Members ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FRCP 23 ,
Jurisdiction ,
Motion to Dismiss ,
Personal Data ,
Personally Identifiable Information ,
Standing
Statutory schemes that create per-violation damage minimums can lead to devastating consequences when assessed in the aggregate. Where evidence of actual damages is lacking, judgments may be disproportionate to the harm and...more
On June 25, 2021, the Supreme Court issued a landmark decision in TransUnion v. Ramirez. The Court ruled that class members whose inaccurate credit reports were not shared with third parties lacked standing to sue TransUnion...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Over a strong dissent from Justice Thomas, the Supreme Court in TransUnion LLC v. Ramirez on June 25, 2021 dramatically reorganized and narrowed the Article III landscape for constitutionally cognizable damage suits in...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
In 2020, plaintiffs filed a series of class action lawsuits alleging that a number of digital tokens were actually “securities” and, thus, were illegally issued or traded on exchanges. Accusing a number of issuers and...more
In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more
Last week, the U.S. Supreme Court heard oral argument in TransUnion v. Ramirez, which poses significant questions about Article III standing and Rule 23’s typicality requirement for class certification. ...more
The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more
10/1/2019
/ Article III ,
Class Action ,
Injury-in-Fact ,
Interlocutory Appeals ,
Invasion of Privacy ,
Nuisance ,
Standing ,
TCPA ,
Telecommunications ,
Text Messages ,
Tort
Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more
8/28/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
FRCP 23(f) ,
Personal Data ,
Personally Identifiable Information ,
Social Media ,
Standing
Class actions bring more complexity to litigating and settling cases, and it can increase substantially when the claims arise from multiple state consumer protection laws. In these cases, determining the applicable law(s) to...more
The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more
3/22/2019
/ Class Action ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23(e) ,
Google ,
Remand ,
SCOTUS ,
Settlement ,
Spokeo v Robins ,
Standing ,
Stored Communications Act ,
Vacated
The Eleventh Circuit Court of Appeals recently held that a litigant may enforce its contractual arbitration provision as to absent class members despite not obtaining a ruling on the issue at the outset of the case. The right...more
Cryptocurrencies, like Bitcoin and Ethereum, had a breakout year in 2017. The price of Bitcoin rose from approximately $1,000 per Bitcoin on January 1, 2017, to $13,000 per Bitcoin on December 31, 2017, with a high of...more
Initial Coin Offerings, or ICOs, were an extremely popular way of raising capital in exchange for crypto tokens in 2017 and have led to class action litigation in 2017 and 2018. While ICOs have been around since 2013, they...more
2/23/2018
/ Bitcoin ,
Blockchain ,
CFTC ,
Class Action ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Instruments ,
Initial Coin Offering (ICOs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Token Sales ,
Unregistered Securities ,
Virtual Currency
The United States Supreme Court recently granted certiorari in a significant case that will test the limits of class action tolling.
Since 1974, federal courts have held that the filing of a class action tolls the statute...more
A piece of federal legislation reflects a significant effort by Congress to curb perceived abuses of the federal class action procedure.
The legislation is the Fairness in Class Action Litigation Act of 2017 – on March 9...more
A recent decision from the United States District Court for the Southern District of Florida is a reminder that if a litigant intends to enforce its contractual arbitration provision, the issue must be raised at an early...more
On May 16, 2016, the United States Supreme Court released its long-awaited opinion in Spokeo, Inc. v. Robins. In a 6–2 decision, the Court remanded the case to the Ninth Circuit for further analysis of the plaintiff's...more
Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The...more
A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and...more