In July 2024, the Fourth Circuit affirmed the denial of class certification for a group of Chinese investors who were allegedly duped into entering a Ponzi-like investment scheme to purchase two dozen golf courses and other...more
A federal judge in Oklahoma recently stayed class proceedings, including the distribution of class notice, but declined to stay summary judgment briefing pending a ruling on the defendant’s petition to the Tenth Circuit for...more
Takeaway: In Citizen Power Initiatives for China, et al. v. Tencent America LLC, et al., Nos. H049519 & H049717, 2024 WL 2266070 (Cal. Ct. App. May 20, 2024), a California appellate court found that WeChat users were bound...more
The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website...more
The Ninth Circuit recently affirmed a district court’s decision to grant motions to compel arbitration and dismiss without prejudice six putative class actions against sporting goods retailers based on “sufficiently...more
A district court in the Seventh Circuit recently granted a motion to compel arbitration and stay proceedings in a putative class action involving Hyundai’s Blue Link crash assistance program. Tamburo v. Hyundai, No....more
In a jurisdictional win for online servicers and web-based platforms, the Ninth Circuit affirmed the dismissal of a putative class action alleging that Shopify violated California privacy and unfair competition laws by...more
The Third Circuit affirmed the dismissal of a consumer class action against Whirlpool Corp. and various retailers of Whirlpool’s washing machine products after determining that an energy efficiency logo on three of...more
We previously wrote about how, under the Georgia Supreme Court’s decision in Cooper Tire & Rubber Co. v. McCall, 863 S.E.2d 81 (Ga. 2021), merely registering to do business with the Georgia Secretary of State confers general...more
Companies authorized to transact business in Georgia may not be aware of the potential consequences: merely registering to do business with the Georgia Secretary of State confers general personal jurisdiction in Georgia over...more
In a case full of surprises, the Eleventh Circuit has vacated its October 2021 substitute opinion in Hunstein vs. Preferred Collection & Management Services, Inc., --- F. 4th ----, No. 19-14434, 2021 WL 4998980 (11th Cir....more
Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional ruling in Bristol-Myers to class actions. We then wrote an update that the Seventh...more
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we have analyzed force majeure clauses under Georgia, Delaware, Texas, North Carolina, and New...more
Takeaway: We previously wrote that the Seventh Circuit had become one of the first circuits to address the application of the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions, holding that...more
Force majeure defenses excuse performance because of an “act of God” event. Where a contract dispute arises because of the COVID-19 pandemic, force majeure clauses will likely play a key role in determining whether a failure...more
Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional holding in Bristol-Myers to class actions. We anticipated that this issue would...more
The COVID-19 pandemic has presented virtually unprecedented health challenges to the United States and the world at large. But the pandemic also may present both civic and business opportunities. One of the most immediate and...more
Takeaway: Injunctive relief is a forward-looking remedy. A damages award compensates for past harm. This dichotomy lies at the heart of the difference between a Rule 23(b)(2) injunctive relief class and a Rule 23(b)(3)...more
A recent Seventh Circuit decision should give class action defendants pause before asserting Article III standing challenges. In Collier v. SP Plus Corporation, 889 F.3d 894 (2018), both parties readily acknowledged that the...more
District courts continue to split on whether to apply the Supreme Court’s holding in Bristol-Myers, a case limiting personal jurisdiction over non-resident multistate mass tort claimants, to the class action context. This...more