News & Analysis as of

Class Action

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Faegre Drinker Biddle & Reath LLP

No Damages? No Tort, Says the Supreme Court of Canada

Faegre Drinker Biddle & Reath LLP on

Consider this: What if plaintiffs could assert a cause of action for negligence without proving, or even pleading, any actual damages? And what if the remedy for this damage-free tort claim were disgorgement of profits...more

Pierce Atwood LLP

Developments in Class Action Litigation Surrounding the Paycheck Protection Program

Pierce Atwood LLP on

As more class actions are filed every day related to the COVID-19 pandemic, a growing number of plaintiffs are asserting claims against banks that acted as participating lenders in the Paycheck Protection Program (PPP). The...more

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

King & Spalding on

On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

BakerHostetler

Who Is ‘Engaged in Commerce’ Under FAA Section 1? Not Food Delivery Drivers

BakerHostetler on

Certain Grubhub Inc. delivery drivers brought two putative collective and class actions asserting that they were misclassified as independent contractors, resulting in both federal and state wage and hour violations....more

Holland & Knight LLP

Plaintiffs Dismiss COBRA Class Action After Court Recommends Denial of Class Certification

Holland & Knight LLP on

In Bryant v. Wal-Mart Stores, Inc., three former Walmart employees moved to certify a class against the retailer, alleging that they were injured by Walmart's allegedly defective notices under the Employee Retirement Income...more

Constangy, Brooks, Smith & Prophete, LLP

No Harm, No Foul? Maybe Yes, Maybe No.

Constangy, Brooks, Smith & Prophete, LLP on

If you have ever played in or watched a game in which the players called their own fouls, penalties or rules violations, you probably heard one of them respond to an alleged infraction by claiming, albeit with more colorful...more

Proskauer - California Employment Law

Class Action Was Improperly Removed To Federal Court Under CAFA

Proskauer - California Employment Law on

Adams v. West Marine Prods., Inc., 958 F.3d 1216 (9th Cir. 2020) - Adrianne Adams filed a putative wage and hour class action in state court, which her former employer (West Marine) removed to federal court under the...more

King & Spalding

Environmental Tort Class Actions

King & Spalding on

In what has become a near legal certainty following plant explosions, train wrecks with chemical spills, and other large-scale accidents, plaintiffs often file suit and seek to certify personal injury and property damage...more

Blank Rome LLP

COVID-19 Litigation Report – July 2020 #2

Blank Rome LLP on

Using timely research, Blank Rome’s COVID-19 litigation team provides a weekly report highlighting the latest cases and updates in key litigation areas, such as workplace claims, class actions, breach of contract claims, and...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

Dickinson Wright

Implications of Uber Technologies Inc. v. Heller

Dickinson Wright on

On June 26, 2020, the Supreme Court of Canada (“SCC”) released its decision in Uber Technologies Inc. v. Heller. The SCC held that the arbitration agreement between Uber and one of its drivers was invalid. This is another...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

Spilman Thomas & Battle, PLLC on

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Bryan Cave Leighton Paisner

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

Bryan Cave Leighton Paisner on

In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

Seyfarth Shaw LLP

Universities Prevail On Technicality In First Ruling Testing Viability Of COVID-19 Room And Board Refund Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first ruling in response to the slew of room and board refund class actions filed in the wake of COVID-19, on July 29, 2020, in Rosenkrantz v. Arizona Board of Regents, No. 2:20-CV-01203 (D. Ariz.),...more

Robins Kaplan LLP

Financial Daily Dose 8.4.2020 | Top Story: Twitter to Pay FTC Up to $250 Over Privacy Violations

Robins Kaplan LLP on

Twitter will pay the Federal Trade Commission up to $250 million to “resolve new charges . . . that the social media giant breached a 2011 consent decree by using data provided for security purposes to target users with...more

Kilpatrick Townsend & Stockton LLP

Data Breach Class Actions – Florida District Court Rules Threat of Future Injury Too Speculative to Support Standing

Kilpatrick Townsend & Stockton LLP on

Takeaway: Data breach cases often turn on whether the threat of future identity theft suffices to establish Article III standing. In yet another data breach case, In re Brinker Data Incident Litig., 3:18-CV-686-J-32MCR,...more

Dentons

Sixth Circuit weighs in at the 11th hour, rebalancing a circuit split on the definition of ‘automatic telephone dialing system’

Dentons on

In the wake of the Supreme Court’s grant of certiorari in a case which will settle the rift between US courts of appeals on the issue of what constitutes an “automatic telephone dialing system” (ATDS) under the Telephone...more

Sheppard Mullin Richter & Hampton LLP

The Sixth Circuit Broadly Defines ATDS, Widening The Split Among Circuits Before The Supreme Court Rules Next Year

Sheppard Mullin Richter & Hampton LLP on

On July 29, 2020, the Sixth Circuit joined the Second and the Ninth Circuits in expansively defining Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). In Allan v. Pa. Higher...more

Newmeyer Dillion

We’ve Surveyed Video Conferencing Models to See Who Fits the CCPA Bill: Here’s What We Found

Newmeyer Dillion on

Worldwide closures as a result of COVID-19 have resulted in an extreme surge in video conferencing use. This spike in use has also resulted in increased concern about the privacy of these video conferencing applications,...more

White and Williams LLP

11th Circuit Holds Potential Attorneys’ Fee Award Alone Constitutes Potential “Loss” Triggering Duty to Defend under Professional...

White and Williams LLP on

Highlighted by a decision this past week in the 11th Circuit, a small divide may be beginning to emerge in the treatment of coverage for underlying plaintiff’s attorneys’ fees under professional liability policies, a split...more

Kilpatrick Townsend & Stockton LLP

Fraud class actions: Ninth Circuit vacates $24 million class judgment on standing and predominance grounds

Kilpatrick Townsend & Stockton LLP on

Takeaway: Class actions present significant risk, because a certified class exposes a class defendant to class-wide liability. Most defendants agree to settle rather than face the risk of a class verdict. But sometimes a...more

Bass, Berry & Sims PLC

Court Requires Evidence of Harm to Bring Data Breach Lawsuit

Bass, Berry & Sims PLC on

On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and...more

Ballard Spahr LLP

Ninth Circuit Curtails Consumers’ Class Claims Under the Magnuson-Moss Warranty Act

Ballard Spahr LLP on

Resolving an issue of first impression before it, the United States Court of Appeals for the Ninth Circuit held that the Class Action Fairness Act of 2005 (CAFA) “may not be used to evade the specific numerosity requirement”...more

Foley & Lardner LLP

Ninth Circuit Rules That the Class Action Fairness Act Cannot Cure Jurisdictional Defects in Magnuson-Moss Warranty Act Claims

Foley & Lardner LLP on

The Class Action Fairness Act of 2005 (“CAFA”) greatly expanded federal subject matter jurisdiction over class action lawsuits. By providing for diversity jurisdiction where the parties are not completely diverse (i.e., where...more

Newmeyer Dillion

Wal-Mart Suffers Double Whammy From Data Breach Lawsuit Filed for CCPA Violations

Newmeyer Dillion on

Data breaches have become a lot more dangerous in California. Joining the dubious ranks of Minted Inc., Zoom, TikTok, and Salseforce.com, Wal-Mart is the latest target of a CCPA-related class action lawsuit due to a data...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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