Zachary Madonia at Bradley Arant Boult Cummings LLP

Turning the Tables: Kroger Sues the FTC

In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6 billion merger with Albertsons Companies, Inc., citing antitrust concerns. On August 19, 2024,...more

8/30/2024 / Administrative Law Judge (ALJ) , Antitrust Division , Antitrust Litigation , Antitrust Provisions , Article II , Article III , Competition , Federal Trade Commission (FTC) , Kroger , Mergers , SCOTUS , SEC v Jarkesy

FTC Suing to Block Albertsons/Kroger Merger

The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands. The FTC has initiated two...more

3/13/2024 / Antitrust Division , Blocked Mergers , Class Action , Competition , Enforcement Actions , Federal Trade Commission (FTC) , Kroger , Mergers , Monopolization , Oregon , State and Local Government , Supermarkets , Washington

Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements...more

10/11/2022 / Appeals , Class Action , Class Representatives , FRCP 23 , Incentive Awards , Mediation , Settlement

Eleventh Circuit Rejects Administrative Feasibility as a Requirement for Class Actions

Can a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry v. Dometic Corp., the Eleventh Circuit has become the latest circuit to...more

2/22/2021 / Administrative Feasibility , Ascertainable Class , Class Action , Class Certification , FRCP 23

“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III...

The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The issue underlying the court’s decision was...more

12/6/2019 / Article III , Class Action , Class Certification , Do Not Call List , Injury-in-Fact , Predominance Requirement , Standing , TCPA

“Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims

To the surprise of many observers (including us), the Supreme Court held last week in Home Depot USA Inc. v. George Jackson that a third-party defendant could not remove class action claims – under either the general removal...more

6/4/2019 / CAFA , Class Action , Co-Defendants , Counterclaims , Federal Rules of Civil Procedure , General Removal Provisions , Home Depot USA Inc v Jackson , Jurisdiction , Remand , Removal , SCOTUS , Third-Party

SCOTUS Blows Down Apple’s House Made of Illinois Brick

In a 5-4 split decision, the U.S. Supreme Court appears to have reworked a longstanding precedent that has been a foundation of antitrust litigation for more than 40 years—the “direct purchaser” rule of Illinois Brick, which...more

5/21/2019 / Antitrust Violations , Appeals , Apple Inc v Pepper , Class Action , Direct Purchasers , Dismissals , Internet Retailers , iPhone , Mobile Apps , Monopolization , Reversal , SCOTUS

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more

3/18/2019 / Article III , Breach of Confidence , Class Action , FACTA , Injury-in-Fact , Point of Sale Terminals , Retailers , Spokeo v Robins , Standing , Statutory Violations , Subject Matter Jurisdiction

Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not...

Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more

3/8/2019 / Actual Damages , Article III , Corporate Counsel , Cybersecurity , Data Breach , Federal Rule 12(b)(1) , Federal Rule 12(b)(6) , Future Harm , Injury-in-Fact , Jurisdiction , SCOTUS , Spokeo v Robins , Standing , Statutory Damages

Time Stops For No One: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness....more

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

In recent years, courts have reached divergent conclusions about the circumstances in which a damages class containing uninjured persons can be certified. Although there is some room to debate what constitutes injury, it is...more

11/12/2018 / Article III , Class Action , Class Certification , De Minimis Claims , FRCP 23(b)(3) , Generic Drugs , Injury-in-Fact , Pharmaceutical Industry , Prescription Drugs , Putative Class Actions , Reversal , Seventh Amendment , Standing , Substantial Evidence

Supreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA

These are interesting times at the Supreme Court for class certification defendants—and we aren’t talking about the Kavanaugh confirmation process. No, late last week, in Home Depot USA Inc. v. George Jackson, the Supreme...more

10/3/2018 / CAFA , Certiorari , Class Action , Co-Defendants , Counterclaims , Federal Rules of Civil Procedure , General Removal Provisions , Home Depot USA Inc v Jackson , Remand , Removal , SCOTUS , Third-Party

Supreme Court Puts Kibosh on Piggybacked Class Actions

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

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

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

Second Circuit Clarifies How Price Impact Can Be Rebutted at the Class Certification Stage in Securities Fraud Class Actions

Last month, in Arkansas Teachers Retirement System v. Goldman Sachs Group, Inc., the Second Circuit vacated the Southern District of New York’s order certifying a class in a Rule 10b-5 securities fraud class action. At issue...more

Zachary Madonia

Bradley Arant Boult Cummings LLP

Popular Topics by This Author

Latest Publications