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Nov 05

First Circuit Finds Plaintiff Lacks Standing In Unmanifested Defect Case

Claims based on enhanced risk of future harm just got harder to bring. Yesterday, the United States Court of Appeals for the First Circuit affirmed the dismissal of a complaint in which the plaintiff alleged the corrugated stainless steel tubing (CSST) in his home, used… Read More

Oct 09

SCOTUS Hears Arguments on Compensability of Required Security Screenings Under FLSA

The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer who requires hourly employees to go through a security screening at the end of their shift – as a way to prevent employee theft –… Read More

Sep 23

New Jersey Supreme Court Tightens Requirements for Enforcing Arbitration Agreements

General counsel should stop what they’re doing and review their company’s arbitration provisions in light of the New Jersey Supreme Court’s recent decision in Atalese v. U.S. Legal Services Group, L.P., 2014 WL 4689318 (N.J. Sept. 23, 2014). In Atalese, the Supreme Court rejected the… Read More

Aug 22

France and Belgium Adopt Class Actions Spring 2014

This guest post was authored by our colleagues Christopher Scott D’Angelo and Jennifer E. Canfield. Christopher is a partner and chair of Montgomery McCracken’s international practice and co-chair of the products liability & risk management practice. His practice emphasizes litigation and preventive counseling in the… Read More

Aug 13

Third Circuit Rules That Whether a Contract Permits Classwide Arbitration is for the District Court, not the Arbitrator, to Decide

In a case of first impression, the Third Circuit has ruled that the district court, not an arbitrator, should decide whether classwide arbitration is available under a contract with an arbitration clause.  Opalinski v. Robert Half International Inc., No. 12-4444, 2014 WL 3733685 (3d Cir.… Read More

Jun 17

Another Post-Clapper Data Privacy Breach Case Dismissed for Lack of Standing

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), continues to be relied on by federal courts to hold that “mere loss of data” or “increased risk of identity theft” in a data breach case does not constitute… Read More

Jun 13

Federal Court Saves Millions of Smart Phone Users from TCPA Liability

For the first time, a federal court has clarified that the Telephone Consumer Protection Act (“TCPA”) bars the improper use of an automatic telephone dialing system or ATDS. Sterk v. Path, Inc., 2014 WL 2443785 (N.D. Ill. May 30, 2014). It is not enough just… Read More

May 16

Early Fact Disclosure Facilitated by Electronic Discovery in E.D. Pa. Antitrust Class Action

Recognizing the speed and low cost of searching for relevant facts in electronically stored information (ESI), the United States District Court for the Eastern District of Pennsylvania has ordered plaintiffs’ counsel to disclose – in advance of depositions and class certification or summary judgment proceedings… Read More

May 09

Third Circuit May Soon Consider Whether Offer of Judgment Moots Class Claims

UPDATE – July 17, 2014: Third Circuit Grants Appeal in Weitzner v. Sanofi The Third Circuit granted a petition for leave to appeal in this matter. See attached notice. Will the Third Circuit heed Justice Kagan’s dissent in Genesis and “rethink [its] mootness-by-unaccepted-offer theory” or… Read More

Apr 08

Supreme Court to Decide Whether Notice of Removal Under Class Action Fairness Act Must Include Evidence

The United States Supreme Court has agreed to consider whether a defendant seeking removal to federal court under the Class Action Fairness Act (“CAFA”) must include evidence supporting federal jurisdiction rather than only a “short and plain statement of the grounds for removal.” Dart Cherokee… Read More