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Actual Injuries Class Action

Foley Hoag LLP

Product Liability Update - January 2023

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MASSACHUSETTS - Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more

BakerHostetler

DSIR Deeper Dive: Class Certification Jurisprudence

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Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more

Proskauer - Advertising Law

The Fun Did Stop for Pringles False Advertising Class Action

On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip...more

Womble Bond Dickinson

Eleventh Circuit to Rehear Arguments that Godiva Class Members Suffered No Concrete Injury

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Last week the Eleventh Circuit revealed that it would schedule an en banc rehearing of its prior approval of a $6.3M class action settlement in Price v. Godiva Chocolatier Inc., et al., case number 16-16486....more

Hudson Cook, LLP

States' Divergent Approaches to Unfair, Deceptive, and Abusive Acts and Practices Reveal Consumer Protection Priorities

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Until recently, legal principles surrounding unfairness, deception, and abusiveness have been defined primarily at the federal level, yet with perceived federal retrenchment from consumer protection, states have increasingly...more

Williams Mullen

Illinois Supreme Court Advances Individual’s Right to Relief from Misuse of Personal Information

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The extent to which individuals may seek relief due to the unauthorized use of their personal information is an important issue in the privacy community. The Supreme Court of Illinois recently added its voice to this debate...more

Fisher Phillips

Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm

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On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Bradley Arant Boult Cummings LLP

The Standing Trap: Will a Spokeo Challenge Lock a Class Action Defendant into a State Court Forum?

Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has brought the issue...more

Foley & Lardner LLP

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

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On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Southern District Decision Highlights Challenges for Private Litigants Pursuing Manipulation Claims Under the CEA"

The U.S. District Court in the Southern District of New York recently dismissed a class action lawsuit alleging that Total, S.A., Total Gas & Power North America, Inc., and Total Gas & Power Limited (collectively, “Total”)...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

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On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Bradley Arant Boult Cummings LLP

Will Congress Overhaul Class Action Practice? A Quick Look at the Proposed Fairness in Class Action Litigation Act of 2017

In 2016, House Republicans sponsored legislation aimed at curbing “no injury” class actions, which was supported by testimony from DRI, among others. The legislation passed the House but died in the Senate. Earlier this month...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Fenwick & West LLP

Litigation Alert: The Seventh Circuit Limits Standing For Lawsuits Under The Fair And Accurate Credit Transactions Act

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This week, in Meyers v. Nicolet Rest. of de Pere, LLC, No. 16-2075 (7th Cir. Dec. 13, 2016), the Seventh Circuit narrowed standing to bring lawsuits under the Fair and Accurate Credit Transactions Act (FACTA) in holding that...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - July 2016"

In this edition of our Privacy & Cybersecurity Update, we discuss the revised Privacy Shield and what companies should be doing to prepare for the new program, the FTC's reinstatement of its LabMD case, the European...more

King & Spalding

Federal District Court Dismisses Data Breach Class Action Complaint Against Scottrade

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On July 12, 2016, the United States District Court for the Eastern District of Missouri granted Scottrade’s motion to dismiss a putative class action complaint that was predicated on the alleged theft of personal information...more

Sheppard Mullin Richter & Hampton LLP

Reading The Tea Leaves – How Will The U.S. Supreme Court Decide Spokeo?

While the U.S. Supreme Court has issued decisions on two of its major class action cases this term, Campbell-Ewald Co. v. Gomez and Tyson Foods v. Bouaphekeo (see January 20, 2016 blog and May 5, 2016 blog), one other...more

Sheppard Mullin Richter & Hampton LLP

Credit Card Theft Plaintiffs Discover Warm Home After 7th Circuit Rulings

One of the great scourges for retail companies in the digital age has been the ever-present threat of massive data breaches by hackers attempting to steal millions of consumers ’debit and credit card information. In...more

Proskauer - Advertising Law

Stars Fail to Align for P&G, as Supreme Court Rejects Class Certification Appeal

Readers may recall our coverage in recent months of the challenge by Procter & Gamble (P&G) to an order certifying a multi-state consumer class in a case asserting that P&G falsely advertised its probiotic supplement Align....more

Pierce Atwood LLP

The Supreme Court's Vindication of The In re Nexium Dissent

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We have commented previously on several aspects of the Supreme Court’s recent decision in Tyson Foods. One additional important aspect that deserves special attention in the First Circuit is the issue of how to cull...more

Mintz - Privacy & Cybersecurity Viewpoints

Early Settlement of the Home Depot Consumer Data Breach Claims – The Start of a Trend?

Last week, a federal court in Atlanta issued an order preliminarily approving a proposed settlement – valued up to $19.5 million – of the consumer claims arising from the 2014 theft of payment card data from Home Depot. The...more

Morrison & Foerster LLP - Class Dismissed

Court Stays Away from Trans Fat in General Mills Case

A recent decision from the Central District of California demonstrates the challenges serial plaintiffs may have with pursuing similar class actions and showcases the primary jurisdiction doctrine. On December 29, 2015, in...more

Adams and Reese LLP

Congress Tackling Injury Standards in Class Actions (Again)

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Concerns over state courts allowing class actions to proceed, the impact on the U.S. economy, and the undue pressure on companies to settle for significant sums spurred Congress to pass the Class Action Fairness Act of 2005....more

Moore & Van Allen PLLC

What’s Hot in Class Actions (Part 3/3): Potential Rule 23 Amendments Narrowed, Congress Tackles No-Injury Class

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Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

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