This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. The Court holds that claim preclusion bars plaintiffs from reasserting claims...more
This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more
On May 29, Judge Davila of the Northern District of California granted the defendants’ motion to dismiss two putative class actions filed against James Singer—the alleged perpetrator of the highly publicized “Varsity Blues”...more
Real Property Update - Quiet Title: Trial court abused discretion by entering final judgment quieting title when jury did not determine (1) whether plaintiffs were entitled to legal or equitable title or (2) which deed was...more
On September 23, 2019, Judge Denise J. Casper of the United States District Court for the District of Massachusetts denied class certification in a securities fraud action brought against a biopharmaceutical company (the...more
Pursuing negligence claims in the Eighth Circuit following a data breach just got harder. On May 31, 2019, the U.S. Court of Appeals for the Eighth Circuit again dismissed the data breach claims in In re SuperValu, Inc....more
After two years, 300+ docket entries, and 12 motions, a lawsuit among members of a Delaware LLC that owned a 5-story apartment building on Manhattan’s Upper East Side (the “UES Building”) acquired to provide short-term...more
Real Property Update - Derivative v. Direct Action / Standing: individual member of LLC not entitled to sue title company for breach of fiduciary duty because right to sue belonged to LLC, where LLC suffered the direct...more
We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...more
A Pennsylvania federal district court has dismissed a lawsuit seeking to declare unconstitutional a Philadelphia ordinance making it unlawful for employers to inquire into a job applicant’s wage history during the hiring...more
REAL PROPERTY UPDATE - Foreclosure/Leave to Amend: borrower should have been granted leave to amend to assert affirmative defenses pursuant to motion filed 13 days before trial because there was no prejudice, the...more
Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more