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
From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more
1/26/2018
/ American Pipe & Construction Co. v. Utah ,
Appellate Review ,
Ascertainable Class ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
FACTA ,
FCC ,
Financial Institutions ,
FRCP 23 ,
Microsoft v Baker ,
New Amendments ,
Personal Jurisdiction ,
Retirement ,
Richard Posner ,
SCOTUS ,
Securities Act of 1933 ,
SLUSA ,
Split of Authority ,
Spokeo v Robins ,
Statutory Damages ,
Subject Matter Jurisdiction ,
TCPA ,
The Fairness in Class Action Litigation Act of 2015 ,
Tolling ,
Trump Administration ,
Voluntary Dismissals
Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in...more
The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20,...more
11/10/2017
/ AL Supreme Court ,
Attorney's Fees ,
Class Action ,
Class Members ,
Corporate Counsel ,
Due Process ,
Filing Fees ,
Intervenors ,
Objection Procedures ,
Objections ,
Opt-Outs ,
Remand ,
Settlement
By the hair of its chinny chin chin, the Senate voted on Tuesday to nullify the CFPB’s previously announced final rule that would have prohibited banks, credit card companies, and other financial service entities from...more
10/27/2017
/ Arbitration ,
Banking Sector ,
Class Action Arbitration Waivers ,
Congressional Review Act ,
Constitutional Challenges ,
Consumer Contracts ,
Consumer Financial Protection Bureau (CFPB) ,
Court Nullification ,
Dodd-Frank ,
Final Rules ,
Financial Institutions ,
Trump Administration
In the final post of this series addressing competing class litigation, we’ll analyze the sparingly used but sometimes viable strategy of seeking an injunction against a competing class action. Under limited circumstances, it...more
Part two of our series on competing class actions will address strategies intended to “corral” multiple cases: venue transfer under the federal forum non conveniens statute, and seeking multidistrict litigation (MDL)...more
Multiple actions involving the same subject matter and the same defendant are a common feature of the U.S. class action landscape. In this series of blog posts, we’ll examine the problem of competing class actions, which...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
The 2016 property tax protest season has arrived. In Alabama, property tax valuations are handled on a county-by-county basis. Some counties mail valuation notices to all taxpayers. Others rely on publication notice and only...more
The Jefferson County Tax Assessor’s office mailed real property valuation notices on May 11, 2016. ...more
The Alabama legislature recently passed a comprehensive revision of the state’s noncompete statute, and Governor Bentley has signed the act into law. The new statute will become effective January 1, 2016. The new statute does...more
Employees in Alabama, like in many other places, often are required to sign employment agreements, most of which contain future restrictions on certain activities. The menu items for these agreements usually include covenants...more
Effectively responding to class litigation doesn’t necessarily mean simply preparing an answer or perfunctory motion to dismiss, diving headlong into class discovery, investing in full-fledged combat on the merits of the...more
In this Newsletter:
- An Aspect Of Adequacy: Do Traditional Standing Requirements Apply To Statutory Class Actions?
- The Fair Debt Collection Practices Act: A Constantly Shifting Battlefield.
- Telephone...more
In this Newsletter:
- Gather The Facts And Assess The Risk Up Front.
- If The Class Action Is Filed In State Court, Think Strategically About Whether To Remove.
- Invest Time, Effort And Resources In...more
In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a...more
Earlier this week, in Halliburton Co. v. Erica P. John Fund, Inc., the United States Supreme Court upheld the “fraud-on-the-market” theory in federal securities fraud class actions, but ruled that at the class certification...more
Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment....more
A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members...more