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Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more
Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more
Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and...more
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g., Tyson Foods, Inc. v....more
Today, the United States Supreme Court granted a writ of certiorari in Trans Union LLC v. Ramirez. At issue is an eight-figure judgment obtained by a certified class of consumers for statutory and punitive damages based on...more
Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more
- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial. - Those class members...more
On August 8, the Ninth Circuit issued a highly anticipated decision affirming the district court’s certification of a class of Facebook users who suffered alleged violations of the Illinois Biometric Information Privacy Act...more
The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more
Last month, the Second Circuit heard oral argument in what had seemed like the most consequential consumer class-action appeal in that court in years: three consolidated cases involving “flushable” hygienic wipes....more
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
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
Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more
On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, No. 13-1339, addressing the question of Article III standing in consumer class actions where the plaintiffs allege statutory...more
The defendant in a putative class action brought pursuant to the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., tendered a Rule 68 offer of judgment to the named plaintiff before class certification briefing...more
The United States Court of Appeals for the Seventh Circuit reversed a lower court’s decertification of a class alleging violations of the Electronic Fund Transfer Act. Plaintiffs filed a class action alleging that defendants,...more