Standing Class Action

News & Analysis as of

Court in BP Oil Spill Litigation Denies Standing for Special Purpose Entities Created Solely for Litigation

A January 4, 2016 opinion in the Southern District of Texas by Judge Keith Ellison (“Op.”) in the In re: BP p.l.c. Securities Litigation, MDL No. 4:10-md-2185, has taken up the issue of whether plaintiffs can properly assign...more

Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

SuperValu Latest in Debate over Standing

Last month, a Minnesota federal judge tossed out extensive multidistrict legislation concerning a proposed class action of SuperValu shoppers. Shoppers from Illinois, Minnesota, and Idaho had alleged that the supermarket...more

Dialing-In: TCPA Hot Issues for 2016

The year 2015 saw a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). However, unsettled law continues to place a compliance burden on companies that communicate with consumers by...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Data Breach Class Action Against Michael Stores Doesn’t Stick

The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more

UPDATE: Challenges to Standing of Petrobras Opt-Out Plaintiffs Denied

As a follow-up to our October 15 discussion about challenges to the standing of certain opt-out plaintiffs in the In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.) consolidated litigation, Judge Rakoff has...more

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

Stand Down! Court Rejects Yakult Yogurt False Advertising Class for Lack of Standing

On January 5, 2016, in Torrent v. Yakult U.S.A., Inc., U.S. District Court Judge Cormac J. Carney denied the plaintiff’s motion to certify a class of Yakult yogurt consumers who were allegedly misled by Yakult’s packaging and...more

Third Circuit Blows Whistle on Suit Challenging Super Bowl Ticket Lottery

A panel of the Third Circuit Court of Appeals has affirmed the dismissal of a class-action lawsuit that sought to challenge the method by which the National Football League distributed tickets to last year’s Super Bowl...more

SuperValu Consolidated Class Action Data Breach Complaint Dismissed For Lack Of Standing

On January 7, 2016, the U.S. District Court for the District of Minnesota dismissed for lack of standing the consolidated data breach complaint filed by consumers against SuperValu, Inc., AB Acquisition, LLC, and New...more

Michael’s Stores class action data breach case dismissed

Michael’s Stores, Inc. was dismissed from a putative data breach class action case involving the breach of 2.6 million payment cards as the plaintiffs were unable to show that they were injured as a result of the incident....more

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

Look for additional data breach class action cases, standing decisions and shareholders’ derivative suits in 2016

2015 was a banner year for data breaches and associated class action litigation. Toward the end of the year, class action cases were filed the same day as the notification. Based upon the data breach fallout in 2015, there is...more

Congress Tackling Injury Standards in Class Actions (Again)

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

5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more

Online Services Companies Await Supreme Court Ruling on Standing to Bring Class Actions under Fair Credit Reporting Act

On November 2, 2015, the U.S. Supreme Court heard a contentious round of oral arguments in a case that may significantly change the landscape of consumer class actions. The case, Spokeo, Inc. v. Robins, is a class action...more

Class Action Settlement Considerations: Ten Tips for a Successful Settlement (The Case Law)

The following article discusses recent, significant decisions on federal class action settlements. While not all inclusive, these cases may help practitioners avoid common (and some not-so-common) pitfalls when trying to...more

When Does a Defendant Have Standing to Challenge an Attorney Fee Award?

The class action has settled. There is a possibility that a portion of the settlement fund, if otherwise unclaimed, will ultimately revert to the defendant. Does this possibility give the defendant standing to object to class...more

Data Breach Class Actions: 2015 Year in Review and 2016 Preview

As 2015 draws to a close, questions over standing in data breach class actions remain. Earlier this year, the Seventh Circuit denied retailer Neiman Marcus’s petition for rehearing en banc of a panel opinion holding that...more

Big Win for Automakers After Federal Judge Dismisses Car Hacking Lawsuit

On November 25, a California federal court dismissed without prejudice a proposed class action against Toyota Motor Corp., Ford Motor Co., and General Motors LLC, claiming the carmakers failed to ensure the electronic...more

Anticipating Decisions In Three Supreme Court Cases With Potential To Impact Class Action Litigation

The US Supreme Court’s October 2015 term includes three cases that may have important implications for class action litigation: Spokeo Inc. v. Robins et al., 13-1339, Campbell-Ewald Co. v. Gomez, 14-857, and Tyson Foods, Inc....more

What’s Hot in Class Actions (Part 1/3): SCOTUS on Company’s Power to Moot an Action & Congress’ Power to Create One

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

No Harm, No Foul: Undisclosed Sale of Personally Identifying Information Does Not Give Rise to Standing to Sue

At a time when cybersecurity issues, privacy issues, and the protection of confidential personally identifying information (“PII”) from unauthorized use or identity theft are at the forefront of the minds of businesses and...more

Uber Data Breach Lawsuit Dismissed

A federal magistrate judge in California dealt another blow to data breach class actions by dismissing a proposed lawsuit against Internet car service Uber Technologies. The suit was filed after Uber revealed that as...more

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