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Dec 15

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

Nov 30

Ascertainability Sinks Comcast Class Settlement

While ascertainability is often hard-fought in class certification motions, it’s unusual for a class action settlement to crater on ascertainability.  But that’s exactly what happened to a Comcast settlement in federal court in Philadelphia earlier this month.  When Judge Anita Brody learned that Comcast had… Read More

Nov 19

The Future of Food: What’s On The Menu for 2016 & Beyond

Last month, I had the good fortune to participate in the inaugural FoodVision USA, three days of roundtable discussions, engaging presentations and interactive programs in Chicago, IL among the food industry’s movers and shakers. The conversations, debates and seminars challenged how we think today about… Read More

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Nov 02

Third Circuit Remands TCPA Class Action to take Account of July 2015 FCC Ruling on What Qualifies as an ATDS

The debate continues over what constitutes an “automatic telephone dialing system,” or ATDS, under the Telephone Consumer Protection Act (TCPA), as the Third Circuit vacates, for consideration under recent FCC guidance, an order granting summary judgment in favor of Yahoo in a case where the… Read More

Oct 06

Standing on the Spectrum of Data Breach Harm

In another victory for class-action data theft/breach plaintiffs, last week in Enslin v. The Coca-Cola Co., the Eastern District of Pennsylvania denied a motion to dismiss the case for lack of standing. There, Shane Enslin sued the Coca-Cola Company and various other Coca-Cola entities (“Coke”)… Read More

Aug 12

Ascertainability in Flux: Who’s in and who’s out

A recent decision by the Seventh Circuit Court of Appeals signals a growing divide among the circuits over the “ascertainability” question in class actions. In Mullins v. Direct Digital, LLC, No. 15-1776, — F.3d —, 2015 WL 4546159, at *1 (7th Cir. July 28, 2015),… Read More

Jul 20

Is there a “Constitutional Right to Informational Privacy”?

This post originally appeared on Montgomery McCracken’s Data Privacy and Cybersecurity blog, Data Privacy Alert. Only July 8, 2015, the National Treasury Employees Union filed the second class action against (now former) OPM Director Archuleta stemming from the massive OPM data breach.  While the plaintiffs… Read More

Jun 09

Supreme Court Will Hear Case Where Defendant Says Lax Class Certification Standards Allowed the Use of Averages and an Improper “Trial by Formula”

The Supreme Court granted cert. yesterday in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (U.S. June 8, 2015), a case that raises important issues on how class and collective actions are certified and adjudicated—and may allow the Court to provide further guidance on questions it… Read More

Jun 04

Allegheny County Judge Rules that Pennsylvania Does Not Recognize Negligence Claims in Data Breach Actions

A Pittsburgh-area judge recently ruled that Pennsylvania does not recognize negligence claims in data breach lawsuits. Dittman v. UPMC, No. GD-14-003285 (Pa. Ct. Com. Pl., Allegheny Cnty., May 28, 2015). The case centers on a data breach in 2014 involving the University of Pittsburgh Medical… Read More

Apr 30

Did The Ninth Circuit Just Give Plaintiffs—But Not Defendants—An Automatic Appeal From Class Certification Orders?

Don’t miss Microsoft’s in-house counsel Tim Fielden’s post on two important new Ninth Circuit decisions that permitted class action plaintiffs to dismiss their cases voluntarily and then appeal adverse class certification orders without first taking their individual cases to trial and securing a final judgment.… Read More