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®
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
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
The Roundup covers notable class action decisions from federal appellate courts and notable Supreme Court class action cert petitions....more
Communications with Class Members. The Seventh Circuit affirmed the district court awarding attorneys’ fees and civil sanctions against defendants for encouraging class members to opt-out during the class notice period....more
In general, a litigant cannot sue for another person’s injury. In that circumstance, the litigant has no “standing” to pursue those claims. But Rule 23 — at least in a broad sense — allows a class representative to assert...more
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
Takeaway: We have written about Eleventh Circuit decisions on Article III standing and its relationship to the proper approval of a class action settlement. See Eleventh Circuit holds that every class member must have...more
Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more
Federal courts of appeals have disagreed on whether a named plaintiff in a proposed class action can sue defendants who have not injured that plaintiff but allegedly have injured putative class members. This is not an...more
A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more
Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more
The Sixth Circuit appears poised to become the fourth federal court of appeals to reject the use of the “juridical link” doctrine as a means to establish Article III standing in a class action. The doctrine, a seldom-used...more
On December 15, 2022, the parties in TransUnion LLC v. Ramirez — a case that went all the way to the Supreme Court in 2021 to resolve questions of Article III standing — obtained final approval of their class settlement...more
The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing....more
Recently, the Ninth Circuit joined its sister circuit, the Eleventh, in vacating class settlements on standing grounds. In Harvey v. Morgan Stanley Smith Barney LLC, the court vacated the district court’s approval of the...more
Takeaway: We have posted articles addressing the U.S. Supreme Court’s standing-related decision in Frank v. Gaos, 139 S. Ct. 1041 (2019), as well as its decision in TransUnion, LLC v. Ramirez, 141 S. Ct. 2190 (2021). In a...more
In Drazen v. Pinto, –F.4th–, 2022 WL 2963470 (July 27, 2022), the Eleventh Circuit vacated a district court’s decision to certify a class under Rule 23 and approve the class settlement because the class included members who...more
Class-action plaintiffs do not get a free pass on constitutional standing requirements, as the Eleventh Circuit Court of Appeals reminded litigants sua sponte in Drazen and Godaddy.com, LLC v. Pinto last week when it vacated...more
Last week the Eleventh Circuit addressed an issue that many class action practitioners probably haven’t thought much about: whether approval of a class action settlement requires that each class member obtaining relief have...more
The en banc U.S. Court of Appeals for the Ninth Circuit's recent watershed decision in Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC established several significant benchmarks for determining class...more
Last June, the Supreme Court issued a noteworthy decision in the TransUnion v. Ramirez case, holding that the vast majority of an 8,000-plus member Fair Credit Reporting Act (FCRA) class lacked standing because they had not...more
What is a CRA required to do when consumers request copies of their files? And what can prevent a consumer from suing if a CRA’s response does not comply with Section 609 of the FCRA? In this episode, AGG partner and co-chair...more
Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021),...more
On June 25, the Supreme Court held in a 5-4 decision that Article III prohibits certification of a class and a damages award where the majority of class members lack actual injury. In TransUnion v. Ramirez, the Ninth Circuit...more
On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more