Clapper and data breach litigation *

USA - June 11 2013
In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal…

Second Circuit: notice required when damages not incidental in a Civ. R. 23(b)(2) class *

USA - August 27 2012
Pointing out pitfalls in structuring enforceable class settlements, the Second Circuit Court of Appeals recently found that an absent class member's claims were not barred by a prior settlement in a Rule 23(b)(2) class where monetary relief was not incidental, and the publication notice was ineffective.