Articles: 1-10 of 66

Data Breach Class Actions - Eleventh Circuit Finds Allegations of “Increased Risk” of Harm Insufficient to Confer Standing

USA - March 30 2021 In Tsao v. Captiva MVP Restaurant Partners, LLC, 986 F.3d 1332, 1339 (11th Cir. 2021), the Eleventh Circuit held that evidence of a “mere data breach”…

Ninth Circuit: divided panel revives “krab mix” false advertising class action

USA - March 25 2021 Context matters in false advertising class actions. Factors such as how an allegedly false representation is displayed, where it is displayed, and…

Ascertainability - Eleventh Circuit holds administrative feasibility is not a class certification requirement, further solidifying circuit split

USA - February 25 2021 Administrative feasibility is not a prerequisite for class certification in the Eleventh Circuit, although it remains a relevant consideration under…

Internet terms and conditions: Second Circuit declines to enforce arbitration agreement accessible through browsewrap hyperlink

USA - September 29 2020 We have recently written about the challenges involved in enforcing “browsewrap” contracts. See Internet terms of use: Ninth Circuit enforces…

Second Circuit endorses class arbitration

USA - January 2 2020 The concept of class arbitration has recently faced stiff headwinds. In Lamps Plus, Inc. v. Varella, 139 S. Ct. 1407 (2019), the Supreme…

CAFA: Third Circuit holds that denial of class certification does not divest district court of CAFA jurisdiction

USA - July 23 2019 Takeaway: A federal court should not lose jurisdiction under the Class Action Fairness Act (CAFA) when it denies a motion for class certification. In…

Landmark Class Settlement Approved to Reform One of the “Harshest and Most Draconian” Solitary Confinement Units in the United States

USA - May 15 2019 In Gumm v. Ford, No. 5:15-CV-41 (MTT), 2019 WL 2017497 (M.D. Ga. May 7, 2019), Judge Marc Treadwell of the United States District Court for the…

SCOTUS declines to review Sixth Circuit decision affirming class “issue” certification

USA - April 1 2019 Federal Rule 23(c)(4) allows class certification of "particular issues." The question of "issue" certification has divided the Courts of Appeals…

Cy pres-only class settlements - anticipated Supreme Court decision may never come to pass

USA - January 4 2019 On April 30, the U.S. Supreme Court granted certiorari in a Ninth Circuit case approving a cy pres-only class action settlement. As we reported in a…

Although Resh v. China Agritech only tells the federal side of the equitable tolling story, the California Supreme Court thinks it requires reexamination of a state equitable tolling ruling

USA - December 20 2018 The Supreme Court rejected the Ninth Circuit’s reasoning that, because Rule 23 constitutes only a procedural and not a substantive rule, new class…