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Standing Supreme Court of the United States Class Certification

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts June 2024

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The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Pierce Atwood LLP

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

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Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more

Carlton Fields

The Lack of Actual Injury Defense: The Landscape Since TransUnion

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The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more

King & Spalding

Supreme Court Vacates Fourth Circuit’s Standing Decision and Remands for Reconsideration Under TransUnion

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On January 10, 2022, the Supreme Court summarily vacated the Fourth Circuit’s order in Rocket Mortgage, LLC v. Alig and remanded the case for reconsideration in light of TransUnion LLC v. Ramirez. (You can read our prior...more

Jones Day

2021 Securities Litigation Year in Review

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During 2021, securities case filings fell for the second consecutive year and, for the first time since 2016, fewer than 300 federal securities class actions were filed. Despite the ongoing pandemic, the number of announced...more

Carlton Fields

Article III and Rule 23: Do We Stand Together or All on Our Own?

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On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

King & Spalding

U.S. Supreme Court Declines to Review Article III Standing Issues Raised in Biometric Privacy Class Action Against Facebook,...

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On January 21, 2020, the U.S. Supreme Court denied Facebook’s petition for a writ of certiorari to consider whether consumers alleged a sufficiently concrete injury-in-fact in a biometric privacy lawsuit. A group of...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Alston & Bird

Class Action Roundup: Summer 2018

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Where the (Class) Action Is - Welcome to the latest edition of the Class Action Roundup, covering significant decisions and settlements from the second quarter of 2018. Arbitration was a hot topic this quarter with the...more

Pierce Atwood LLP

Justice Thomas’ Concurring Opinion in Microsoft Corp. v. Baker: A Useful Reminder

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On June 12th, the Supreme Court issued its unsurprising decision in Microsoft Corp. v. Baker, addressing a relatively recent twist concerning the appealability of orders denying class certification. The case resulted in...more

Franczek P.C.

A Review of the Supreme Court’s 2016-2017 Term

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This year’s Supreme Court term may be more memorable for the intrigue and political drama taking place outside the Court than the import of the decisions the Court issued. On April 10, 2017, Judge Neil Gorsuch of the Tenth...more

Moore & Van Allen PLLC

SCOTUS Squashes Class Action Plaintiff Attempt to Obtain Review of Class Certification

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The reality of class action litigation is that what is supposed to be the court’s preliminary decision of whether to certify a case as a class action is often the end of the litigation. In many cases, plaintiffs will not...more

Robinson+Cole Massachusetts Appellate Blog

Supreme Court Closes The Door On A Tactic Used By Plaintiffs To Appeal Denials of Class Certification

The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more

Kilpatrick

Supreme Court Rejects Creative Dismissal Strategy To Engineer Appellate Review Of Order Denying Class Certification

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Takeaway: The United States Supreme Court has rejected a tactic used by the plaintiffs’ bar to obtain appellate court review of an order denying class certification despite a settlement of the named plaintiffs’ claims....more

Carlton Fields

Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification

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A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more

McGuireWoods LLP

Supreme Court Says No to Appellate Gamesmanship

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Washington, DC-based litigator James Freije brings us an analysis of the Supreme Court’s latest class certification decision. Resolving a current split amongst multiple federal circuits, the United States Supreme Court...more

Seyfarth Shaw LLP

U.S. Supreme Court Rules That Plaintiffs’ Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An...

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Seyfarth Synopsis: In Microsoft Corp. v. Baker, No. 15-457 (U.S. June 12, 2017), the U.S. Supreme Court ruled on a procedural issue that is of importance in any class action in terms of when and in what circumstances a...more

BakerHostetler

2016 Class Action Year-End Review

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We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...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

Snell & Wilmer

Top Privacy Cases of 2016: Midyear Report

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Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Manatt, Phelps & Phillips, LLP

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more

BCLP

U.S. Supreme Court Holds That Congress May Not Create Constitutional Standing and Clarifies That Plaintiffs Must Suffer “Concrete”...

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On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, No. 13-1339, addressing the question of Article III standing in consumer class actions where the plaintiffs allege statutory...more

Dorsey & Whitney LLP

The Supreme Court Hates Your No-Damage Class Action: Spokeo Decision Likely to End Big-Dollar TCPA Class Actions

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The world changed on May 16, 2016. Many sorts of predatory consumer class actions—you know the kind where the lawyers make millions and the consumers receive nickles?—likely just met their demise. And with the recent passing...more

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