Paul Karlsgodt

Paul Karlsgodt

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No Supreme Court Review of Moldy Washer Cases

Yesterday, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly...more

2/25/2014 - Amgen Inc. v Connecticut Retirement Plans Breach of Warranty Butler v Sears Class Certification Comcast v. Behrend Dukes v Wal-Mart SCOTUS

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

1/15/2014 - Apple Bailments Blizzard Entertainment Inc Computer Fraud and Abuse Act Cookies Cybersecurity Data Breach Data Protection Electronic Communications Google Healthcare Professionals HIPAA Internet Privacy Liability Medical Records Privacy Concerns Privacy Policy Stored Communications Act

Class Action – Damages and Class Treatment – 2013 Year in Review

In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more

1/9/2014 - Class Action Class Certification Damages Data Breach Data Protection Hannaford v comScore Putative Class Actions Stored Communications Act

Privacy Class Action – Article III Standing – 2013 Outlook

For a number of years, the key issue in data privacy class actions has been whether plaintiffs could allege damages sufficient for standing purposes or to state a claim for relief. Several key decisions addressed the issue in...more

1/8/2014 - Article III Class Action Invasion of Privacy Right to Privacy

Will Moldy Washing Machines Save the Consumer Class Action from Extinction?

One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to justify class certification....more

8/26/2013 - Class Action Class Certification Comcast v. Behrend FRCP 23(b)(3) SCOTUS

New Life for Class Arbitration, or Strategic Mistake in an Isolated Case?

The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in recent years strongly...more

6/11/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation SCOTUS

Materiality Can Wait, Says the Supreme Court in Amgen

The following post is reprinted with permission from Paul Karlsgodt’s blog, www.classactionblawg.com. The Supreme Court has issued its opinion in one of the most highly anticipated class action-related cases on the...more

2/28/2013 - Amgen Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud-on-the-Market Rebuttable Presumptions SCOTUS Securities Fraud

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