U.S. Supreme Court Rules Concrete Harm Is Required to Sue for Statutory Damages
For the second time in four years, the U.S. Supreme Court passed up an opportunity to decide what constitutes the concrete injury needed for standing when Congress authorizes individuals to sue for statutory damages for violation of a federal statute. In Spokeo, Inc. v. Robins,… Read More
“Non-GMO”: The Food Labeling Class Action Train Is NOT Running Out of Steam
This week, I shared perspectives on non-GMO labeling with respect to two topics that should be driving the discussion among those at the board room table and those serving as the company’s counsel: (1) what measures should food manufacturers contemplate to minimize risk exposure as… Read More
Still Standing: Data Breach Class Action Against P.F. Chang’s Revived on Appeal
This guest post was authored by our colleague Stephen A. Grossman, a partner and chair of Montgomery McCracken’s Data Privacy and Cybersecurity practice, and co-chair of its E-Discovery practice. He can be reached at sgrossman@mmwr.com or 856-488-7767. We have previously written here and here on… Read More
Supreme Court Says Plaintiffs in Class and Collective Actions Can Sometimes Use Averages and Representative Samples to Prove Elements of Their Case
The Supreme Court decided yesterday, in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016), that the named plaintiffs in a wage-and-hours case could use an expert’s calculation of the average time a representative sample of workers took to put… Read More
Food Labeling Litigation in 2016: The Sun Never Sets
This past September, I blogged about the brewing battle over Vermont’s controversial GMO labeling law (“Act 120”), which was approved May 8, 2014 and is scheduled to take effect July 1, 2016. Since then, not only has the Vermont GE controversy taken on national and constitutional… Read More
New York Court Rejects Defendants’ Attempt to Moot Class Plaintiffs’ Claims By Depositing Funds With the Court
A federal district court judge in New York has denied a request by the defendants in a putative class action to deposit funds with the Clerk of Court in the amount of the defendants’ Rule 68 offer of judgment ($400) – an amount the defendants… Read More
Third Circuit Holds Courts, Not Arbitrators, Decide if Class-Wide Arbitration is Authorized, Even if Arbitration Agreement Invokes AAA Rules
The Third Circuit began the New Year by ruling that courts, not arbitrators, decide whether an arbitration agreement authorizes class-wide arbitration, even if the agreement invokes American Arbitration Association rules. Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, — F.3d —, 2016 WL 53860 (3d Cir.… Read More
Supreme Court Says Offers of Individual Settlement or Judgment Don’t Moot Class Actions
It turns out you can’t get rid of a putative class action by offering complete individual relief to a named plaintiff. In Campbell-Ewald Co. v. Gomez, 2016 WL 228345 (U.S. Jan. 20, 2016), the Supreme Court took up the question whether “an unaccepted offer to… Read More
Microsoft Wins Supreme Court Review of Class Certification Appeal Issue
Last week, the U.S. Supreme Court granted Microsoft’s petition for a writ of certiorari and agreed to decide whether class action plaintiffs can dismiss their individual cases with prejudice after class certification is denied and nonetheless appeal the class certification ruling without first going to… Read More
United States Supreme Court Rejects California Appellate Court’s Refusal to Enforce Arbitration Provision
The United States Supreme Court has reversed a California appellate court’s refusal to enforce an arbitration provision in a contract, concluding that the court’s decision is incompatible with the Federal Arbitration Act and prior Supreme Court precedent. The case, DirecTV, Inc. v. Imburgia, __ S.… Read More