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Sep 15

A Survey of State Standing Where Federal Standing Fails

Every lawyer knows that in order to sue in federal court, plaintiffs must show that they are not merely raising abstract disputes, but have actually suffered concrete injuries.  As the Supreme Court has long held, that requirement is built into Article III, section 2 of… Read More

Jan 05

SCOTUS To Address Standing of Class Members

The U.S. Supreme Court will soon hear argument in a Fair Credit Reporting Act (“FCRA”) class-action case out of the Ninth Circuit, Ramirez v. TransUnion LLC, 951 F.3d 1008 (9th Cir. 2020), cert. granted in part sub nom. TransUnion LLC v. Ramirez, Sergio L., No. 20-297,… Read More

Oct 05

Sixth Circuit Rejects Certification of Negotiation Class as Unauthorized by Rule 23

On September 24, 2020, a divided panel of the Sixth Circuit rejected a trial court’s novel attempt to use Rule 23 to create a class for negotiation purposes only.  In re: Nat’l Prescription Opiate Litig., ___ F.3d ___, 2020 WL 5701916 (6th Cir. Sept. 24,… Read More

Jan 14

Supreme Court Finds “Wholly Groundless” Exception in Arbitrability Disputes to be Wholly Groundless

In Justice Brett Kavanaugh’s first opinion, Henry Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. ___ (Jan. 8, 2019), the Supreme Court rejected the “wholly groundless” exception to the enforcement of certain arbitration delegation clauses. The opinion provides the Court’s most recent reminder… Read More

Mar 26

Ninth Circuit Restricts Vicarious Liability in TCPA Class Action

In Kristensen v. Credit Payment Services Inc., the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s summary judgment that lenders and marketers who did not ratify the actions of a third-party publisher were not vicariously liable under the Telephone Consumer Protection… Read More

Jan 31

Ninth Circuit Raises the Bar for Settling Nationwide Consumer-Protection Class Actions

In an opinion that could make certification of nationwide class action settlements considerably more difficult, a divided panel of the Ninth Circuit has ruled that when deciding whether to certify a multistate settlement class, the district court must consider whether differences in state laws cause… Read More

Jan 10

Pre-Adverse Action Fair Credit Reporting Act Claim in Class Action Dismissed for Lack of Standing

After four years of litigation, Judge Jan DuBois of the U.S. District Court for the Eastern District of Pennsylvania dismissed an FCRA claim in a class action for lack of standing.  Moore v. Rite Aid Hdqtrs Corp. d/b/a Rite Aid Corporation, 2017 WL 6525796 (E.D.… Read More

Dec 05

The Fight Begins Over FACTA Standing in State Courts

This post was co-authored by John G. Papianou and Erin A. Novak of Montgomery McCracken. Since the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), FACTA plaintiffs have had a difficult time convincing federal courts that they’ve suffered a concrete harm.  Spokeo held… Read More

Nov 08

Accuracy Is Still Your Best Defense in California FCRA Matters

Last month, consumer reporting agency Experian Information Solutions, Inc. beat a Fair Credit Reporting Act 15 U.S.C. §§ 1681 et seq. (“FCRA”) class action on summary judgment – no small feat in the Ninth Circuit.  In Reyes v. Experian Information Solutions, Inc., Judge Guilford from… Read More

Oct 02

Is This The End For FACTA Cases?

This post was co-authored by Erin A. Novak and John G. Papianou of Montgomery McCracken. Until last week, certain district courts in the Eleventh Circuit were the only place left for class action plaintiffs to pursue run-of-the-mill statutory damage claims for failure to properly truncate… Read More