In Cline v. Sunoco, Inc. (R&M), 2025 WL 3199871 (10th Cir. Nov. 17, 2025), the Tenth Circuit adopted the majority view that “administrative feasibility” for identifying class members is not an independent requirement for certifying a class under Federal Rule 23. The ascertainability standard endorsed by the court requires
Continue Reading Tenth Circuit Adopts Majority View not Requiring “Administrative Feasibility” for Ascertainability
Summary Judgment Granted on a Shoe Shrinking Croc-Nundrum
In what the court described as “a shoe shrinking croc-nundrum,” a court in the Northern District of California recently granted summary judgment to Crocs Inc in a false advertising claim, where class certification had already been denied. Martha Valentine et al., v. Crocs, Inc., 3:22-cv-07463-TLT (May 19, 2025).
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Continue Reading Summary Judgment Granted on a Shoe Shrinking Croc-NundrumPennsylvania Court Dismisses A Trio of Defendants in Website Wiretapping Suit Challenging Email Marketing Program
A Pennsylvania court recently dismissed a wiretapping complaint filed against a trio of defendants for lack of Article III standing, lack of personal jurisdiction, and failure to state a claim in Ingrao v. Addshoppers, Inc., 2024 WL 4892514 (E.D. Pa. Nov. 25, 2024).
The two plaintiffs in this case
Continue Reading Pennsylvania Court Dismisses A Trio of Defendants in Website Wiretapping Suit Challenging Email Marketing ProgramDistrict Court Again Rejects VPPA, Wiretap Claims Against University Newsletter Service
Earlier this year, we covered the dismissal of a putative class action asserting Video Privacy Protection Act (VPPA) claims against the operators of a Texas Longhorns email newsletter. A judge in the Western District of Texas has now dismissed those claims, along with a newly asserted Wiretap Act claim, with prejudice. See Brown v. Learfield Commc’ns, LLC, 2024 WL 1477636 (W.D. Tex. June 27, 2024). Continue Reading District Court Again Rejects VPPA, Wiretap Claims Against University Newsletter Service
Federal District Court Applies Excessive Fines Clause of Constitution To Reduce Civil Statutory Penalties
Defendants in privacy class action lawsuits increasingly face assertions by plaintiffs and putative class members that they should be awarded statutory penalties that vastly exceed any purported actual damages. A recent decision under the False Claims Act reinforces the constitutional limitations plaintiffs may face in pursuing these outsized awards.
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Continue Reading Federal District Court Applies Excessive Fines Clause of Constitution To Reduce Civil Statutory PenaltiesCalifornia Superior Court Certifies Class of Android Users
A California Superior Court recently certified a putative class action of California residents “who have used mobile devices running the Android operating system to access the internet through cellular data plans provided by mobile carriers.” See Order Concerning: (1) The Parties’ Expert Exclusion Motions; and (2) Plaintiffs’ Class Certification Motion
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