MenuClose
Jan 22

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

Jan 21

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

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

Posted by

Categories

Uncategorized
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