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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

Apr 29

Third Circuit Clarifies Its Ascertainability Requirement: A Two-Part Inquiry—But Only a Two-Part Inquiry

The Third Circuit’s recent decision in Byrd v. Aaron’s Inc., No. 14-3050, 2015 WL 1727613 (3d Cir. Apr. 16, 2015), reversed a district court’s denial of class certification because the lower court incorrectly applied the ascertainability requirement to plaintiffs’ proposed Rule 23(b)(3) classes. The appellate… Read More

Apr 01

Class-Wide Unjust Enrichment Claims Doomed by Variation in State Law and Need for Individual Inquiries

This guest post was authored by our colleague Jennifer E. Canfield, an associate in Montgomery McCracken’s Litigation Department and a member of its Class Action Defense practice group. Her practice focuses on defense of consumer class actions, commercial litigation and appellate litigation. She can be… Read More

Mar 20

When Does a Hack Become a Compensable Harm in Federal Court?

This guest post was co-authored by Montgomery McCracken partner Michael B. Hayes and associate David F. Herman, both of the firm’s Litigation Department. Michael can be reached at 215.772.7211 or at mhayes@mmwr.com. David can be reached at 215.772.7614 or at dherman@mmwr.com. No business wants to… Read More