Class Action Dismissals

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
News & Analysis as of

Horizon Avoids Data Breach Class Action For Lack Of Standing

On March 31, 2015, a New Jersey federal judge dismissed a class action lawsuit against Horizon Healthcare Services Inc. alleging the company failed to protect the personal information of thousands of insurance network members...more

In re Hulu Privacy Litigation - USDC, N.D. California, March 31, 2015

In re Hulu Privacy Litigation - USDC, N.D. California, March 31, 2015 In Depth: District court rejects Video Privacy Protection Act claim against video streaming provider Hulu, finding insufficient evidence...more

Court Further Clarifies Required Elements Of A Video Privacy Protection Act Claim In In re Hulu Privacy Litigation

After over four years of litigation on the cutting edge of modern Video Privacy Protection Act (“VPPA” or the “Act”) litigation, Magistrate Judge Laurel Beeler of the United States District Court for the Northern District of...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

District Court Dismisses Data Breach Case for Lack of Standing

The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more

Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit

Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005,...more

No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates...more

If A Case Is Part Of An MDL Proceeding, When Can A Dismissal Of That Case Be Appealed?

Last week, the U.S. Supreme Court decided an interesting appellate issue involving a case that was part of an MDL proceeding. In Gelboim v. Bank of America Corp., the plaintiffs brought a class action alleging a federal...more

Quoth the Maven: “Without More!” Federal Judge Dismisses Dow Jones VPPA Class Action, While Hulu Parties Square off Over...

A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more

Tenth Circuit Affirms Dismissal of Securities Class Action for Failing to Plead Scienter Under the PSLRA

The US Court of Appeals for the Tenth Circuit recently affirmed the dismissal of a class action by investors in Gold Resource Corp. (GRC) alleging that the company and four of its officers violated Section 10(b) of the...more

Ninth Circuit Applies Heightened Pleading Standards for Loss Causation

On December 16, 2014, the Ninth Circuit affirmed the U.S. District Court of Arizona’s dismissal of a Section 10(b) class action against Apollo Education Group, Inc., a for-profit education company, and several of its officers...more

Southern District Dismisses Complaints Against China North Director and Consultant

On December 10, a New York district court judge dismissed a securities fraud class action brought by investors in China North East Petroleum Holdings, Ltd. against former director Robert Bruce (and others) on the ground that...more

Illinois Federal Court Dismisses Customer Data Breach Class Actions Against P.F. Chang’s

On December 10, 2014, a United States District Court in the Northern District of Illinois dismissed the class action complaints filed by two customers of P.F. Chang’s China Bistro who alleged damages resulting from a data...more

The Class Action Chronicle - Winter 2014

This is the sixth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

District Court Holds Video Game Company’s Optimistic Statements Are Not Actionable

The US District Court for the Northern District of California recently dismissed a securities fraud class action against Electronic Arts, Inc. (EA) and named officers and directors, holding that optimistic statements about...more

“Th-th-th-that’s All, Folks!” Federal Judge Dismisses Class Action against Cartoon Network, Finds Anonymous User IDs Don’t Qualify...

On October 8, Georgia Federal District Judge Thomas Thrash, Jr., dismissed a putative class action against The Cartoon Network, Inc., where the plaintiff alleged that the animation company violated the Video Privacy...more

Class Action Disgorgement Case Dismissed Against PG&E as Remedy Sought Would Interfere with Filed Rates

Companies in regulated markets, such as insurance and energy, are increasing litigating issues surrounding the “filed rate doctrine,” or in other words, whether they can be sued in a class action where the remedy sought...more

District Court Dismisses Securities Class Action for Failure to Show Causal Connection

The US District Court for the Southern District of New York recently dismissed a securities class action against a battery manufacturer, finding that the plaintiffs failed to plead a causal connection between the alleged...more

California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information

In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under...more

Third Circuit Affirms Dismissal of Class Allegations for Vague Pleading

Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were clipped from lost lines of Lewis Carroll’s Jabberwocky poem, perhaps as something similar to “Iqbal were the Civil...more

Class Action Suit Against Sunflower Seed Manufacturer Dismissed as Implausible

In a recent food mislabeling case, Judge Manuel Real of the Central District of California dismissed a proposed class action lawsuit finding the plaintiffs’ claims to be implausible as a matter of law. Last year, Judge Real...more

The Plaintiff Who Knew Too Much: First Circuit Dismisses Effort to Toll Statute of Limitations

On June 3, 2014, the First Circuit affirmed the dismissal of a putative class action filed by a group of former workers in a French luggage factory against Bain Capital, LLC in the District of Massachusetts. The case...more

US District Court in Ohio Finds Plaintiffs Have No Standing for Data Breach Class Action

The United States District Court for the Southern District of Ohio recently dismissed a class action seeking damages for injuries stemming from a data breach at Nationwide Mutual Insurance Company. Galaria v. Nationwide Mut....more

The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against...more

Business Litigation Report - March 2014

In This Issue: Main Article: ..Russia’s Recently Enacted Anti-Bribery Laws Noted With Interest: ..Are Courtroom Technology Costs Reasonably Necessary To The Conduct Of Litigation In California...more

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