The decision risks opening the door to increased forum shopping in states with consent-by-registration systems, but significant questions remain about the extent of those risks....more
The Development: The U.S. Supreme Court decided TransUnion LLC v. Ramirez, vacating a class-action judgment and holding that much of the class lacked Article III standing to seek damages for statutory violations. ...more
7/1/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
In Nestle, six citizens of Mali claimed they were trafficked into and enslaved on cocoa farms in the Ivory Coast. Pursuant to the ATS, these former child slaves sought to impose liability upon Nestle, Cargill, and other U.S....more
The Supreme Court's recent decision in Ford is sure to be framed by some as expanding—perhaps quite significantly—the availability of specific personal jurisdiction under the Due Process Clause. But the decision should not be...more
The Situation: The Sixth Circuit recently affirmed the certification of an issue class in a groundwater pollution case. The court endorsed a "broad" view of Rule 23(c)(4) under which common questions must predominate only...more
4/26/2019
/ Causation ,
Class Action ,
Class Certification ,
Contaminated Properties ,
Denial of Certiorari ,
FRCP 23(b)(3) ,
FRCP 23(c)(4) ,
Groundwater ,
Injury-in-Fact ,
Predominance Requirement ,
Property Damage ,
SCOTUS ,
Strict Product Liability
The Background: A Chilean plaintiff filed a civil RICO action against a Chilean defendant based on the latter's pattern of misappropriation of the former's assets.
The Issue: The defendant sought to dismiss the action...more