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
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
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
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
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
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
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
Reminder: TCPA Webinar: Today, 12 – 1 p.m. (EST) — Sign Up Now
Just a reminder that there’s still time to register for today’s webinar, “Telephone Consumer Protection Act Update: The Year in Review and Trends for 2015.” As many of you are likely aware, the TCPA restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone… Read More
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UncategorizedSecond Circuit Says Comcast Does Not Bar Class Certification When Damages Require Individual Proof
Last week the Second Circuit joined a number of other circuits in ruling that the Supreme Court’s decision in Comcast Corp. v. Behrend, 569 U.S. ___, 133 S. Ct. 1426 (2013), does not require plaintiffs seeking class certification under Rule 23(b)(3) to show that damages… Read More
Will the Seventh Circuit Weigh in on Ascertainability in TCPA Cases?
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