Earlier this year, the Supreme Court in China Agritech Inc. v. Resh conclusively established that equitable tolling of the statute of limitations for putative class members – known as American Pipe tolling – applies only to...more
The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme...more
We have been closely watching how courts have applied the Supreme Court’s Bristol-Myers Squibb decision in the class action context, and the early results are mixed. But the Northern District of Illinois made a big step in...more
A critical question in Telephone Consumer Protection Act (TCPA) cases is whether the plaintiff gave consent to receive communications from the defendant, and whether that consent had been revoked by the time of the...more
The Eleventh Circuit has held that, absent express language to the contrary in the arbitration agreement itself, whether class arbitration is permitted under an arbitration agreement selecting American Arbitration Association...more
Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more
8/23/2018
/ Article III ,
Causation ,
Class Action ,
Class Certification ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Identity Theft ,
Personally Identifiable Information ,
Popular ,
Predominance Requirement ,
Standing
To be liable for a junk fax Telephone Consumer Protection Act (TCPA) violation, does a company have to actually send a fax? The plain language of the TCPA says yes: “It shall be unlawful for any person… to use any telephone...more
Following the Supreme Court’s landmark personal-jurisdiction decision in Bristol-Myers Squibb, federal district courts have continued to disagree about whether to apply the court’s holding to cases involving nationwide class...more
The Supreme Court’s decision in China Agritech Inc. v. Resh means that class action plaintiffs can no longer rely on serial class actions to toll their statute of limitations indefinitely. Instead, the Supreme Court held that...more
6/13/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
We recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in...more
5/17/2018
/ Banking Sector ,
Class Action ,
Common Law Torts ,
Credit Cards ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Dismissals ,
Economic Loss Doctrine ,
Financial Institutions ,
Merchants ,
Personally Identifiable Information ,
Popular ,
Risk Management
We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more
3/28/2018
/ Article III ,
Class Action ,
Class Certification ,
Data Breach ,
Debit and Credit Card Transactions ,
Dismissals ,
FACTA ,
FDCPA ,
Injury-in-Fact ,
Motion to Vacate ,
Personally Identifiable Information ,
Remand ,
Removal ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Subject Matter Jurisdiction
Class actions have dual natures. They start out as only individual cases, but they can become massive, collective cases where the rights of absent parties are adjudicated all at once. In most respects, class certification...more
The Supreme Court’s decision last summer in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), is my pick for “2017 Class Action Practitioners’ Case of the Year”––and it’s not even a class...more
2/6/2018
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
CAFA ,
Class Action ,
Due Process ,
Forum Shopping ,
General Jurisdiction ,
Litigation Strategies ,
Multidistrict Litigation ,
Personal Jurisdiction ,
Rules Enabling Act ,
SCOTUS ,
Specific Jurisdiction
Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more
The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more
In 2016, House Republicans sponsored legislation aimed at curbing “no injury” class actions, which was supported by testimony from DRI, among others. The legislation passed the House but died in the Senate. Earlier this month...more
The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more
As expected, yesterday the Consumer Finance Protection Bureau (CFPB) announced a proposed rule that would effectively ban class action waivers in pre-dispute arbitration agreements for a broad range of consumer financial...more