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Class Action Subject Matter Jurisdiction

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.
Dechert LLP

Dechert Re:Torts - Issue 16

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Supreme Court to Resolve Availability of RICO Claims to Personal Injury Plaintiffs - On April 29, 2024, the Supreme Court granted certiorari in Medical Marijuana, Inc. v. Horn, No. 23-365, 2024 WL 1839091 (U.S. Apr. 29,...more

Foley & Lardner LLP

Master of Its Choice of Forum?

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On April 29, 2024, the U.S. Supreme Court agreed to review whether a plaintiff may compel the remand of a case removed on the basis of federal question jurisdiction by voluntarily amending its complaint to leave only state...more

Perkins Coie

Notable Ruling Roundup - January 2024

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

Freiberger Haber LLP

Securities Act Claims Dismissed as Time-Barred and Otherwise Insufficient

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On March 20, 2018, the United States Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, in which it unanimously held that the Securities Litigation Uniform Standards Act of 1998 does not strip state...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2023

Post-TransUnion, A Closer Examination of Threshold for Article III Standing- Class action trials are rare. The potential magnitude of an adverse verdict, even when improbable, makes the risks of trial unpalatable for...more

Holland & Knight LLP

Religious Institutions Update: July 2023

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Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Federal Judge Finds Another Eyewear Virtual Try-on Class Action Is Exempt Under BIPA’s Healthcare Exemption

A federal judge in Illinois recently ruled that online shoppers cannot sustain claims that a virtual try-on (VTO) tool that allegedly scans facial geometry to preview the look of sunglasses on their face violates the...more

Rosenberg Martin Greenberg LLP

Fourth Circuit Holds That Federal Subject-Matter Jurisdiction Under the Class Action Fairness Act Can Rest on What “May Be” True

In an apparent case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that the fact that the district court may be foreclosed by governmental immunity from ordering relief prevents the federal court...more

Holland & Knight LLP

Second Circuit Upholds Dismissal of ESOP Lawsuit for Lacking Article III Standing

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In Plutzer v. Bankers Trust, the U.S. Court of Appeals for the Second Circuit affirmed dismissal by the U.S. District Court for the Southern District of New York de novo; and emphasized that a plaintiff must allege concrete,...more

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

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In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

Foley & Lardner LLP

Class Victory Vacated as Seventh Circuit Adds to Current Split Over Standing and Intangible Injuries

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The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v....more

UB Greensfelder LLP

A Class Action Was Just Filed – Now What?

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A 10-Point Response Plan - The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense,...more

Manatt, Phelps & Phillips, LLP

ATDS Sufficiently Alleged, Illinois Court Says

The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal...more

Mintz - Employment Viewpoints

Khan v. PTC, Inc.—Three Important Lessons From An Otherwise Unremarkable 401(k) Fee Case

According to Bloomberg Law, class actions challenging 401(k) plan fees are increasing at a record pace. The underlying claims in these class action suits fall into predictable categories that are all too familiar: excessive...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Troutman Pepper

Tolling Issues in Class Actions

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This article addresses the practical issues that arise when a class action defendant, in fact, wins a challenge to the named plaintiff’s Article III standing in federal court. How does such a ruling affect absent class...more

Robinson+Cole Data Privacy + Security Insider

Marriott Wins CCPA Data Breach Lawsuit

Marriott recently won dismissal of a proposed class action data breach lawsuit alleging several violations, including a violation of the California Consumer Privacy Act (CCPA). The case, Arifur Rahman v. Marriott...more

Foley & Lardner LLP

Article III Standing in FDCPA Class Actions: The Seventh Circuit Issues a Series of Decisions

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On Monday and Tuesday of this week, the United States Court of Appeals for the Seventh Circuit issued a series of decisions addressing the Article III standing of consumer plaintiffs alleging violations of the Fair Debt...more

King & Spalding

Court Rejects Plaintiffs’ Conjoint Analysis and Dismisses Claims of Plaintiffs Who Were Not Part of the Volkswagen “Clean Diesel”...

King & Spalding on

On November 12, 2020, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted Volkswagen’s motion to exclude the testimony of the plaintiffs’ damages experts and dismissed the...more

Proskauer - California Employment Law

Amount In Controversy Satisfied CAFA Minimum

Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) - Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging that he and...more

Goodwin

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits

Goodwin on

California State Court Upholds Exclusive Federal Forum-Selection Charter Provision for 1933 Act Suits; California District Court Dismisses Fraud-Related Claims Against AT&T; Third Circuit Holds Challenge to SEC’s Decision to...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

Ballard Spahr LLP

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

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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

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

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For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

How Much is Enough to Remove? Considerations that Shouldn't be "Smuggled into the Judicial Inquiry."

A plaintiff filed a class-action complaint in state court alleging a potential liability of $2.9 million to the class, plus fees and punitive damages. The defendant conducted its own calculation and determined that the amount...more

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