News & Analysis as of

Injury-in-Fact Dismissals Class Action

Kilpatrick

New York federal court tosses toxic metals baby food class action on the pleadings

Kilpatrick on

A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more

Maron Marvel

Delaware Supreme Court to Decide Whether Increased Risk of Illness Constitutes a Claim in Delaware

Maron Marvel on

The Delaware Supreme Court heard arguments on June 14, 2023, on a question certified to it from the Third Circuit of the U.S. Court of Appeals, as to whether medical monitoring claims can be made in Delaware without proof of...more

Perkins Coie

Weekly Notable Ruling Roundup - April 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space....more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Butler Snow LLP

Job-Seeking Posers Found to Have Standing to Challenge “Unauthorized Access” Statute

Butler Snow LLP on

Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit...more

Fisher Phillips

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

Fisher Phillips on

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 Locke

Class Action Defense Strategies in the Eastern District of Virginia’s ‘‘Rocket Docket’’

Troutman Pepper Locke on

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

Weintraub Tobin

Boxing Fans Knocked Out Twice: Ninth Circuit Affirms Dismissal of Class Action Alleging Fraud in Pacquiao-Mayweather Fight

Weintraub Tobin on

In 2015, world-renowned boxers Manny Pacquiao and Floyd Mayweather, Jr. faced off in what was promoted as the “Fight of the Century.” After twelve largely uneventful rounds, the fighters and fans walked away without much...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Can a company be sued under the CCPA for using...

BCLP on

Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more

Carlton Fields

Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For...

Carlton Fields on

The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more

Bradley Arant Boult Cummings LLP

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

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

Latham & Watkins LLP

Speaking on Spokeo: Ninth Circuit Dismisses FACTA Lawsuit

Latham & Watkins LLP on

The Ninth Circuit follows the Second and Seventh Circuits in dismissing consumer class actions in which named plaintiff alleges no injury other than statutory damages. Key Points: ..In Bassett v. ABM Parking Services,...more

Proskauer - Law and the Workplace

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more

Eversheds Sutherland (US) LLP

Seller Beware? Rise of Consumer Class Actions Under New Jersey’s TCCWNA Statute 

Nearly 35 years ago, New Jersey enacted the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA, pronounced “tic-wun-uh”), which provides additional protection for individual consumers who suffer harm as a result of...more

Fenwick & West LLP

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Fenwick & West LLP on

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

Mintz

Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled

Mintz on

Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation...more

King & Spalding

SuperValu Consolidated Class Action Data Breach Complaint Dismissed For Lack Of Standing

King & Spalding on

On January 7, 2016, the U.S. District Court for the District of Minnesota dismissed for lack of standing the consolidated data breach complaint filed by consumers against SuperValu, Inc., AB Acquisition, LLC, and New...more

Robinson+Cole Data Privacy + Security Insider

Big win for car manufacturers, dismissal of data breach suit

A California federal court dismissed a proposed class action against Toyota Motor Corp. (Toyota), Ford Motor Co. (Ford) and General Motors, LLC (GM) this week, after a class of drivers alleged that the car companies failed to...more

Katten Muchin Rosenman LLP

District Court Dismisses Data Breach Class Action Against eBay

The US District Court for the Eastern District of Louisiana recently dismissed a data breach class action against eBay Inc. for lack of standing because the named plaintiff did not allege an actual injury, only the...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide