On June 17, 2024, the U.S. Supreme Court granted certiorari in Nvidia Corp. v. E. Ohman J:or Fonder AB [No. 23-970]. The Supreme Court’s decision is expected to address, for the first time in over a decade, the exacting...more
Key Points -
The 9th Circuit, disagreeing again with the 2nd, 3rd, 5th, 6th, and 11th Circuits, reaffirmed that claims under Section 14(e) of the Exchange Act do not require a showing of scienter.
In the 9th...more
Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek...more
Key Points -
Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes...more
Key Points -
The en banc 9th Circuit clarified numerous rules applicable to class actions brought under Rule 23(b)(3) of the Federal Rules of Civil Procedure. The court’s watershed decision in Olean Wholesale Grocery v....more
Key Takeaways -
The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more
9/13/2021
/ Class Action ,
Class Representatives ,
Collective Actions ,
Competition ,
Interchange Fees ,
Litigation Funding ,
MasterCard ,
Opt-Outs ,
UK ,
UK Competition Appeal Tribunal (CAT) ,
UK Consumer Rights Act
On June 21, 2021, the U.S. Supreme Court issued its opinion in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System,1 vacating the 2nd Circuit’s previous decision and remanding for further consideration as to...more
7/29/2021
/ Arkansas Teacher Retirement System v Goldman Sachs Group ,
Burden of Persuasion ,
Class Action ,
Class Certification ,
Conflicts of Interest ,
Fraud-on-the-Market ,
Goldman Sachs ,
Investors ,
Presumption of Reliance ,
SCOTUS ,
Securities Exchange Act ,
Securities Litigation ,
Shareholders
Key Points -
The U.S. Supreme Court held that all members of a certified class must demonstrate that they suffered a concrete harm—such as physical injury or monetary loss—to have Article III standing to recover damages 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
On April 1, the California Supreme Court ruled in Smith v. LoanMe Inc. that California Penal Code Section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and...more
The California Supreme Court overturned the California Court of Appeals to hold that a party to a phone call can violate California Penal Code section 632.7 by recording the conversation without the consent of the other...more
The U.S. Supreme Court granted review last week in TransUnion LLC v. Ramirez, which presents the question of whether Article III or Rule 23 of the Federal Rules of Civil Procedure permits a damages class action where most...more
12/23/2020
/ Article III ,
Class Certification ,
Class Members ,
Class Representatives ,
Fair Credit Reporting Act (FCRA) ,
FRCP 23 ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Petition for Writ of Certiorari ,
Standing ,
TransUnion
- The 9th Circuit has held that settlement of a plaintiff’s individual claims moots the appeal of an order denying class certification, unless the settlement agreement specifically preserves the plaintiff’s personal stake in...more
6/18/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Representatives ,
FRCP 23(f) ,
Litigation Fees & Costs ,
Microsoft v Baker ,
Mootness ,
Putative Class Actions ,
Settlement Agreements ,
Settlement Negotiations
- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial.
- Those class members...more
3/9/2020
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Class Members ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Office of Foreign Assets Control (OFAC) ,
Punitive Damages ,
Standing ,
Statutory Damages ,
Statutory Violations ,
TransUnion
• In Noel v. Thrifty Payless, Inc., the California Supreme Court clarified the scope of the ascertainability prerequisite to class certification. The Court held that proposed classes are ascertainable if defined by objective...more
• En banc 9th Circuit affirmed a $210 million settlement in multidistrict litigation against Hyundai and Kia relating to their alleged misrepresentations about the fuel efficiency of their vehicles, reversing the decision of...more
• On May 16, 2019, the California Senate Appropriations Committee held Senate Bill 561 (SB-561) in committee, likely blocking its passage this term.
• SB-561, co-authored by the California Attorney General, would have...more
• The U.S. Supreme Court split 5-4 on how to apply Illinois Brick’s prohibition on federal indirect purchaser lawsuits to a case where plaintiff app purchasers bought apps from the Apple App Store, paying a price set by the...more
5/20/2019
/ Antitrust Violations ,
Appeals ,
Apple Inc v Pepper ,
Class Action ,
Direct Purchasers ,
Dismissals ,
Internet Retailers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Reversal ,
SCOTUS
• The United States Supreme Court held that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for parties to seek permission for interlocutory review of class certification decisions is not subject to equitable...more
3/5/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Decertification ,
Equitable Tolling ,
Federal Rules of Appellate Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Leave to Appeal ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint.
• The 9th Circuit in ABS Entertainment overturned Local Rule...more
1/14/2019
/ Abuse of Discretion ,
Appeals ,
Bright-Line Rule ,
Class Action ,
Class Certification ,
Discovery ,
Filing Deadlines ,
FRCP 23 ,
Local Rules ,
Reversal ,
Summary Judgment
In this episode, Neal Marder, who heads Akin Gump’s consumer class action litigation practice from the firm’s Los Angeles office, discusses how false advertising claims are driving consumer class actions.
Among the topics...more
9/13/2018
/ All Natural ,
Class Action ,
Consumer Protection Laws ,
Consumers Legal Remedies Act ,
False Advertising ,
False Statements ,
Forum Shopping ,
Labeling ,
Manufacturers ,
Misleading Impressions ,
Organic ,
Product Packaging ,
Restaurant Industry ,
Retailers ,
Unfair Competition
• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system.
• While numerous courts have ruled that a party...more
9/6/2018
/ Auto-Dialed Calls ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Dish Network ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
• As evidenced by a recent opinion issued in the Northern District of Illinois, district courts continue to wrestle with the applicability of the U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court of...more
• SEC ALJs are “Officers of the United States” within the meaning of the Appointments Clause and therefore must be appointed directly by the SEC. The Court’s decision may permit litigants in prior and pending administrative...more
6/26/2018
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Appeals ,
Appointments Clause ,
Constitutional Challenges ,
Enforcement Actions ,
Final Written Decisions ,
Lucia v SEC ,
Officers of the United States ,
Remand ,
Reversal ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Special Trial Judges (STJs)
• The U.S. Supreme Court held that the tolling provisions established in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) apply to only individual claims, not to successive class actions.
• The Court’s...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
• The United States Supreme Court held that certain securities class actions affecting issuer defendants may be brought in state court and may not be removed to federal court.
• The decision will likely extend or expand...more