Mootness and the Inherently Transitory Exception. The Sixth Circuit held that when analyzing a putative class action, the “inherently transitory” exception to the mootness doctrine applies when (1) the injury is so transitory...more
A highlight from this issue includes Class Definitions....more
Highlights from this issue include cases such as Pro Se Civil Rights Class Actions. The Seventh Circuit affirmed that a pro se prisoner cannot adequately represent a class, and more....more
2/14/2025
/ Appeals ,
Appellate Courts ,
Article III ,
Civil Rights Act ,
Class Action ,
Class Members ,
Damages ,
Pro Se Litigants ,
Standing ,
TCPA ,
TransUnion LLC v Ramirez
A highlight from this issue includes: Unique Defenses Specific to the Named Plaintiff....more
In a question of first impression, the Seventh Circuit joined the Second, Third, Fourth, Sixth and Ninth Circuits—and disagreed with the Fifth Circuit—and held that a party seeking certification of an issue class under Rule...more
Individuals with Disabilities Education Act (IDEA)....more
Standing. The D.C. Circuit held that plaintiffs do not have Article III standing to appeal an adverse class certification decision after those individual plaintiffs prevail in their individual suit....more
Standing. The Fifth Circuit declined the opportunity to determine whether it would follow the “class certification” or the “standing” approach to standing....more
Class Action Settlements. The Tenth Circuit held that in determining how to calculate attorneys’ fees and...more
Predominance and Classwide Damage Models. The Ninth Circuit held that class action plaintiffs may rely on a reliable though not-yet-executed damages model (in this case a proposed but not done conjoint analysis) to...more
Class Action Fairness Act (CAFA) Jurisdiction. The Fifth Circuit held as a matter of first impression that the term “principal injuries” in the CAFA’s local controversy exception “qualitatively and comparatively evaluates the...more
Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period....more
Highlights from this issue include: Ascertainability. The Fourth Circuit reiterated that it imposes an implicit “ascertainability” requirement pursuant to which a class cannot be certified unless a court can readily identify...more
Attorney Cannot Serve As Both Class Representative and Counsel. The Second Circuit affirmed the denial of class certification in a case brought against the Government of England asserting injuries arising from the lasting...more
The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include...more
Ascertainability. The Tenth Circuit affirmed it treated ascertainability as a sub-requirement of numerosity, not a standalone criteria. The Tenth Circuit affirmed the denial of certification of a class of college students who...more
Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more
Immigration -
Judge Wright of the Central District of California certified a class alleging that U.S. Immigration and Customs Enforcement officers violated the Fourth Amendment’s prohibition on unreasonable searches and...more
4/17/2023
/ CAFA ,
Class Action ,
Environmental Liability ,
Fossil Fuel ,
Fourth Amendment ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Negligent Misrepresentation ,
Oil & Gas ,
Public Health ,
Search & Seizure
Arbitration.
The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more
Highlights from this issue include:
Class Action Fairness Act. The jurisdiction of the Class Action Fairness Act does not apply when “the primary defendants are States, State officials, or other governmental entities...more
2/10/2023
/ Administrative Procedure Act ,
CAFA ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Industry ,
Jurisdiction ,
Medicaid ,
Statutory Violations
Highlights from this issue include:
Affirmative Defenses. The Second Circuit held the district court erred in certifying a class alleging ERISA violations because it did not consider Defendant’s affirmative defenses in...more
1/16/2023
/ Affirmative Defenses ,
Ascertainable Class ,
Class Action ,
Class Certification ,
Class Members ,
Employee Retirement Income Security Act (ERISA) ,
IKEA ,
Lyft ,
Predominance Requirement ,
Securities Violations ,
Unfair or Deceptive Trade Practices
Autonomous Shuttle Launches in Brooklyn-
Optimus Ride has launched the first self-driving shuttle in New York City, which will transport passengers between the ferry and the Brooklyn Naval Yard. Approximately 500 passengers...more
8/15/2019
/ Artificial Intelligence ,
Bicycles ,
Charging Stations ,
Data Breach ,
Driverless Cars ,
Hackers ,
Infrastructure ,
Innovation ,
Motor Vehicles ,
Robotics ,
Transportation Corridor ,
Volkswagen ,
Vulnerability Assessments
Ford Acquires Journey Holding Corp and Quantum Signal-
Journey Holding Corp is considered one of the largest intelligent-transportation system providers in North America and provides a portfolio of technology offerings...more
8/6/2019
/ Automation Systems ,
Automotive Industry ,
Connected Cars ,
Driverless Cars ,
Ford Motor ,
Germany ,
Legislative Agendas ,
Mercedes-Benz ,
Motor Vehicles ,
Proposed Legislation ,
Robotics ,
Software
Local Motors Unveils Olli Fleet Challenge -
Local Motors has invited municipalities, campuses and designated districts to propose short-term uses for Olli in Washington and Oregon as part of a global initiative, the Olli...more
7/12/2019
/ Automation Systems ,
Automotive Industry ,
BMW ,
Connected Cars ,
Driverless Cars ,
Mercedes-Benz ,
Motor Vehicles ,
Retail Market ,
Retailers ,
Supply Chain ,
Trucking Industry ,
Trucking Regulations ,
Wal-Mart
NVIDIA Unveils Supercomputer for Autonomous Vehicle Program’s AI Infrastructure -
After three weeks of development, NVIDIA has unveiled a supercomputer capable of delivering 9.4 petaflops of processing, which can reportedly...more
6/28/2019
/ Artificial Intelligence ,
Automotive Industry ,
Connected Cars ,
Critical Infrastructure Sectors ,
Driverless Cars ,
Florida ,
Legislative Agendas ,
NVIDIA ,
Proposed Legislation ,
Regulatory Oversight ,
Software