News & Analysis as of

Statutory Damages Class Members

Robinson Bradshaw

Does Due Process Limit Aggregate Statutory Damages in Class Actions?

Robinson Bradshaw on

Statutes defining minimum damages per violation, such as many consumer protection laws, often inspire class actions. Plaintiffs argue that certification of such classes is easier because they avoid issues of individualized...more

Patterson Belknap Webb & Tyler LLP

Federal Court to Consider Constitutionality of Juiced-Up Statutory Damages Awards in Consumer Class Actions

New York’s consumer protection laws are particularly attractive to the plaintiff’s bar.  One reason is the availability of “statutory” damages under New York’s General Business Law (“GBL”).  While most states’ consumer...more

Carlton Fields

An Unauthorized Bounty: Eleventh Circuit Strikes Named Plaintiff Incentive Payment

Carlton Fields on

This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more

Ballard Spahr LLP

Facebook BIPA Class Settlement Receives Preliminary Approval

Ballard Spahr LLP on

On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more

Womble Bond Dickinson

Ninth Circuit Examines Standing for Class Members, Upholds $8 Million FCRA Jury Award for Statutory Damages but Reduces...

Womble Bond Dickinson on

On February 27, 2020, in a 2-1 decision, the Ninth Circuit in Ramirez v. TransUnion, LLC held that every member of the class must have standing in order to recover damages at the final judgment stage.  Judge McKeown filed a...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Holds All Members of a Certified Class Must Have Article III Standing To Recover Monetary Damages

- In a matter of first impression within the 9th Circuit, the court held that each member of a certified class must have Article III standing in order to recover individual monetary damages at trial. - Those class members...more

Womble Bond Dickinson

A $450MM Question of Fact: Court Denies Summary Judgment to Plaintiff in Certified TCPA Class Action – The Jury Must Determine...

Womble Bond Dickinson on

Yesterday, in O’Shea v. American Solar Solution, Inc., the United States District Court for the Southern District of California handed Defendant American Solar Solution its place in the sun— denying a Plaintiff’s motion for...more

Eversheds Sutherland (US) LLP

Supreme Court Explores Injury Requirement for Federal Statutory Standing

In a 6-2 opinion issued May 16, 2016, the Supreme Court vacated a Ninth Circuit holding that a plaintiff who alleges that his own federal statutory rights have been violated has alleged enough to establish Article III...more

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