Mass Torts vs. Class Actions: A Tale of Two Strategies
Eighth Circuit Reverses Dismissal of Putative Class Claims
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
John Lewis of BakerHostetler Discusses Use of Social Media in Gawker Class Action
Wearables and the Future of Intellectual Property Law
On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more
Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more
In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit was tasked with determining whether the alleged extracting and retaining of consumer data and tracking of customers using an online payment...more
MASSACHUSETTS - First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more
Customer lists held by providers and the personal information users enter to obtain digital wallets or set up crypto exchange accounts are enviable targets for hackers. Such data can be used to launch targeted phishing...more
On August 10, 2021, a divided Ninth Circuit panel vacated a trial court’s certification of two nationwide classes, finding that the defendant had not waived its personal jurisdiction objection to class certification by not...more
District Judge Kevin McNulty of the District of New Jersey recently granted in part and denied in part a motion to dismiss for lack of personal jurisdiction. Judge McNulty’s detailed opinion provides critical guidance on how...more
On May 11, 2021, Judge Kevin McNulty of the District of New Jersey issued an order applying the Supreme Court’s recent personal jurisdiction decision in Ford Motor Co. v. Montana Eighth Judicial District Court, 141 S. Ct....more
SEC’s Disgorgement Authority Expanded Under National Defense Authorization Act for Fiscal Year 2021; Delaware Court of Chancery Rejects Derivative Claim Based On Deficient Anti-Money Laundering Compliance Efforts: “Bad...more
California Federal Court Denies Motion to Dismiss Securities Class Action Arising from Uber’s IPO; S.D.N.Y. Dismisses Ponzi Scheme Action Against HSBC Hong Kong for Lack of Personal Jurisdiction; Delaware Court of Chancery...more
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
In the March edition of Predominant Issues, we reported on the first two appellate decisions (from the D.C. and Seventh Circuits) to address whether the Supreme Court’s landmark personal jurisdiction decision in Bristol-Myers...more
The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more
Predominant Issues has been tracking district court decisions across the country addressing whether the Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court of California—which reiterated that a plaintiff’s...more
Although courthouse activity has slowed over the past month due to COVID-19 social distancing efforts, federal courts continue to conduct business, even if remotely. Many judges have utilized this time to finalize decisions...more
In 2017, the Supreme Court held in the context of a coordinated mass action that a California State Court did not have jurisdiction over claims asserted against the defendant by plaintiffs who were not residents of the state....more
Individual defendants continue to face personal liability pursuant to the Telephone Consumer Protection Act (TCPA), with a Texas federal court allowing claims against two individuals to move forward despite their motions to...more
Last week, on the heels of a significant decline in Bitcoin prices, Forbes reported that China’s Central Bank is set to launch the world’s first state-backed cryptocurrency. The cryptocurrency will be made available initially...more
The Seventh Circuit will soon decide the extent to which the Supreme Court’s recent personal jurisdiction decision in Bristol-Myers Squibb v. Superior Court of California applies to class actions. The Seventh Circuit’s...more
Last month, a judge in the Southern District of California partially dismissed a putative class action against beverage company Bai Brands, LLC (“Bai”) and related defendants. Branca v. Bai Brands, LLC, No. 18-00757 (S.D....more
In this issue, we examine the release of the much-anticipated Strategic Hub for Innovation and Financial Technology (FinHub) guidance for analyzing how U.S. federal securities laws apply to initial coin offerings, the...more
In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...more
Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more
The Situation: A federal court in California recently considered whether it had jurisdiction over defendants in a class action under the Telephone Consumer Protection Act ("TCPA") based on the presence in California of the...more
The Situation: A federal court recently considered whether a plaintiff could maintain a nationwide Telephone Consumer Protection Act ("TCPA") class action brought on behalf of class members who did not reside in the state...more