AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
A highlight from this issue includes Class Definitions....more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more
Takeaway: We have written frequently about the different approaches of the Courts of Appeals when addressing certification of a class that includes uninjured class members. See, e.g., En banc Ninth Circuit reinstates class...more
Plaintiffs’ attorneys are continuing to aggressively pursue mass arbitrations in privacy litigation. The latest challenge came when Judge Beth Labson Freeman in the Northern District of California ruled last month that...more
Highlights from this issue include cases such as Pro Se Civil Rights Class Actions. The Seventh Circuit affirmed that a pro se prisoner cannot adequately represent a class, and more....more
Burkhart v. Genworth Fin., Inc., C.A. No. 2018-0691-NAC (Del. Ch. Aug. 21, 2024). The rise in litigation funding brings a predictable follow-on question: Are litigation funding agreements protected as work product, or...more
2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more
Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, it’s not a breach if it isn’t stolen, a greenwashing claim is washed away, and a...more
An August 2024 decision by a panel of the U.S. Sixth Circuit in Speerly v. General Motors, which underscores key developments in the law governing class certification, Article III standing, and the treatment of manifest...more
A highlight from this issue includes: Unique Defenses Specific to the Named Plaintiff....more
Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more
U.S. auto dealers have until Jan. 9, 2025 to submit a claim in the recent $129.5 million class action lawsuit settled by CDK Global, LLC (CDK) and The Reynolds and Reynolds Company (Reynolds). The deadline to object to the...more
In class actions involving more than one defendant and at least one local defendant, two exceptions to jurisdiction under the Class Action Fairness Act (CAFA) potentially come into play. The “home state” exception applies if...more
Earlier this year, the Court of Appeals for the Ninth Circuit issued its decision in Lytle v. Nutramax Labs, Inc., finding that a class action plaintiff may rely on a model to demonstrate that damages are susceptible to...more
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to...more
In November 2023, a class action lawsuit was filed against the genetic testing company, 23andMe. The plaintiffs alleged that a data breach resulted in the unauthorized disclosure of 6.9 million users’ personal and genetic...more
In Aley v. Lightfire Partners, LLC, a U.S. District Court in the Northern District of New York certified aa Telephone Consumer Protection Act (TCPA) class action for all persons whose telephone numbers were on the National Do...more
The U.S. Fifth Circuit Court’s recent decision in Zaragoza v. Union Pacific Railroad (“Zaragoza”) has highlighted key issues in class action lawsuits and the application of tolling principles. The plaintiff’s previous...more
On August 27, the U.S. District Court for the Eastern District of North Carolina granted a plaintiff’s unopposed motion for preliminary approval of a class action settlement related to an insurance company’s data breach that...more
Under the American Pipe doctrine, the commencement of a class action tolls the statute of limitations for absent class members. American Pipe & Construction Co. v. Utah, 414 U.S. 538, 554 (1974). The intent of this rule is to...more
In a win for Defendant IQVIA, Inc., accused of allegedly sending faxes in violation of the Telephone Consumer Protection Act (TCPA), the United States District Court for the Eastern District of Pennsylvania denied Plaintiff...more
Appellate Rights. The Eleventh Circuit held that if a putative class member intervenes in a case after class certification is denied and after a Rule 23(f) petition is denied, that class member cannot appeal the denial of...more
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
In an appellate ruling in Lachaine v. Air Transat AT inc. (Air Transat), the Quebec Court of Appeal (QCA) authorized a class action that claimed a refund from various airlines (Respondents) after airplane tickets and travel...more