AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more
On August 27, the U.S. District Court for the Eastern District of North Carolina granted a plaintiff’s unopposed motion for preliminary approval of a class action settlement related to an insurance company’s data breach that...more
Under the American Pipe doctrine, the commencement of a class action tolls the statute of limitations for absent class members. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974). The intent of this rule is to...more
In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
In an appellate ruling in Lachaine v. Air Transat AT inc. (Air Transat), the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines (Respondents) after airplane tickets and travel...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more
A federal judge in Oklahoma recently stayed class proceedings, including the distribution of class notice, but declined to stay summary judgment briefing pending a ruling on the defendant’s petition to the Tenth Circuit for...more
Consumers frequently receive only a paltry fraction of class action settlement funds, which are instead doled out to plaintiffs’ lawyers, cy pres recipients, and administrators. Now this problem is compounded by a recent...more
The U.S. District Court for the District of South Carolina approved two major settlements in the multidistrict litigation (“MDL”) that consolidated thousands of cases related to per- and polyfluoroalkyl substances (“PFAS”)...more
In the latest decision in a long-running saga in Drazen v. Pinto, the Eleventh Circuit Court of Appeals tackled several issues regarding a proposed class settlement agreement....more
Suppose that the central issue in a putative class action is a legal issue pending before the Supreme Court. Depending on how the Supreme Court rules, the plaintiffs will recover either nothing or up to $600 million. But...more
On April 4, 2024, the United States District Court for the Northern District of California denied the certification of a class action lawsuit from potentially tens of millions of Google account holders against Google....more
Convergent Outsourcing Inc., a debt-collection agency, settled a data breach class action in the U.S. District Court for the Western District of Washington for $2.45 million. The class action suit against Convergent alleged...more
Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more
One of the key issues at class certification is whether plaintiffs have met their burden to establish commonality and predominance: that “questions of law or fact common to class members predominate over any questions...more
Think twice about whether the Class Action Fairness Act’s “local controversy” exception applies to your case. Even if more than two-thirds of the proposed class members are citizens of the forum state, there is a significant...more
Three former Sprint Communications employees asked a Kansas federal court to approve its multimillion-dollar proposed class action against Sprint, which the parties reached through mediation. According to the former...more
In Career Counseling, Inc. v. Amerifactors Financial Group, LLC, the U.S. Court of Appeals for the Fourth Circuit upheld a district court’s decision denying class certification in a Telephone Consumer Protection Act (TCPA)...more
When class certification is denied because the named plaintiff’s claim fails for some reason, sometimes an absent class member will try to intervene rather than filing their own separate suit. Their goal is usually to attempt...more
In general, a litigant cannot sue for another person’s injury. In that circumstance, the litigant has no “standing” to pursue those claims. But Rule 23 — at least in a broad sense — allows a class representative to assert...more
The third quarter of 2023 was relatively quiet, but we did see opinions addressing mootness, standing, and interpretations of Federal Rule 23(c)(4) and (f)....more
In analyzing class certification issues, courts have said that common issues may predominate in some cases even though damages would have to be determined individually for each class member. But what about where some class...more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more
Takeaway: When evaluating the fairness of a proposed class settlement, Federal Rule 23(e)(2) requires a district court to take into account, among other considerations, the terms of any proposed award of attorneys’ fees and...more