A California federal judge has denied class certification in a data privacy lawsuit against Yodlee, Inc., finding that the proposed class representatives lacked Article III standing and failed to satisfy Rule 23’s typicality and adequacy requirements. Covington represents Yodlee in this action. Clark v. Yodlee, No. 20-cv-05991-SK (N.D. Cal.)
Continue Reading California Federal Court Denies Class Certification in Data Privacy Case
JAMS Implements New Procedures for Mass Arbitrations
JAMS recently has become the latest arbitral institution to publish rules tailored to the unique issues presented by mass arbitration filings. Mass arbitration filings have become a popular tactic among plaintiffs’ lawyers and a significant source of potential exposure for companies.
Effective May 1, 2024, parties agreeing to arbitration under the JAMS Rules will be able to opt into the application of the Mass Arbitration Procedures and Guidelines (the “Procedures”) and an accompanying Mass Arbitration Procedures Fee Schedule (“Fee Schedule”) for certain mass filings. The Procedures and Fee Schedule include features similar to those available under the rules of other arbitral institutions, including the American Arbitration Association (the “AAA”) and National Arbitration and Mediation, including the designation of a Process Administrator to hear and determine preliminary and administrative matters in a more streamlined and cost-efficient manner. For JAMS to assign a Process Administrator, the parties must pay a flat fee of $7,500, at least $5,000 of which shall be paid by the business in consumer mass arbitrations.
We previously discussed here the AAA’s mass arbitration procedures, which were last updated on April 1. The Procedures adopted by JAMS differ from the AAA’s current mass arbitration procedures in several notable ways, including those summarized in the table below.Continue Reading JAMS Implements New Procedures for Mass Arbitrations
AAA Introduces Rule Changes Tailored for Mass Arbitrations
The American Arbitration Association (“AAA”) recently published a set of modified Mass Arbitration Supplementary Rules and a new Consumer Mass Arbitration and Mediation Fee Schedule, both effective January 15, 2024. The modified rules and fee schedule aim to address the increasingly prevalent tactic of plaintiffs’ firms launching mass arbitration campaigns against defendants with arbitration agreements in their consumer contracts.
The AAA defines a mass arbitration as 25 or more similar demands for arbitrations filed against or on behalf of the same party or related parties where representation of all parties is consistent or coordinated across arbitrations. The modified rules implement the following key changes:Continue Reading AAA Introduces Rule Changes Tailored for Mass Arbitrations
Federal Court Dismisses Lawsuit Over Use of Pixel Technology on University Hospital Websites
The United States District Court for the Southern District of Iowa has dismissed on sovereign immunity grounds a putative class action against the University of Iowa Hospitals and Clinics (“UIHC”) for unjust enrichment and violations of the Electronic Communications Privacy Act and Computer Fraud and Abuse Act. See Yeisley v. Univ. of Iowa Hosps. & Clinics, No. 3:23-cv-00025 (S.D. Iowa Feb. 16, 2024) (unpublished).
The plaintiff, a patient of UIHC, had alleged that UIHC used a pixel on its website to share her personally identifiable information with third parties for marketing purposes and without her consent. The Court did not reach the merits of the case and instead granted UIHC’s motion to dismiss on the basis that sovereign immunity barred each of the plaintiff’s claims.Continue Reading Federal Court Dismisses Lawsuit Over Use of Pixel Technology on University Hospital Websites
Second Circuit Revives Mislabeling Claims Over “Reef Friendly*” Sunscreen
The Second Circuit recently revived a putative class action asserting false advertising and breach-of-warranty claims over “Reef Friendly*” sunscreen, providing another cautionary tale of how claims involving potentially ambiguous marketing language can survive a motion to dismiss even when clarifying language appears elsewhere on the product package.
In Richardson v.
Continue Reading Second Circuit Revives Mislabeling Claims Over “Reef Friendly*” SunscreenDOJ Weighs in on Enforceability of Arbitration Agreements Involving Servicemembers
In two putative class actions pending in the Eastern District of North Carolina, the Department of Justice has filed statements of interest urging the Court to deny defendants’ motions to compel arbitration of plaintiffs’ claims for violations of the Servicemembers Civil Relief Act.
In Padao v. American Express National Bank
Continue Reading DOJ Weighs in on Enforceability of Arbitration Agreements Involving ServicemembersCalifornia Urges Ninth Circuit to Clamp Down on Dismissals for Insufficient Pleading Under “Reasonable Consumer” Test
The California Attorney General has joined the fray in Souter v. Edgewell, an otherwise little‑watched putative class action pending in the Ninth Circuit over allegedly misleading label claims about the efficacy and safety of the defendant’s hand wipes. The Attorney General is urging the Ninth Circuit to make it
Continue Reading California Urges Ninth Circuit to Clamp Down on Dismissals for Insufficient Pleading Under “Reasonable Consumer” TestNew York Court Denies Class Certification in Copyright Infringement Action
A group of musicians has lost its bid in Waite v. UMG Recordings, No. 1:19-cv-01091-LAK (S.D.N.Y. 2019), to assert copyright infringement claims on a classwide basis against the record labels holding copyrights in the musicians’ sound recordings.
Seeking to reclaim the copyrights, the plaintiffs had issued notices of termination
Continue Reading New York Court Denies Class Certification in Copyright Infringement ActionNew Class Action Litigation Targets Titanium Dioxide After EU Ban
Earlier this year, the European Commission decided to ban titanium dioxide as a food additive in the European Union, with a six-month phasing-out period that culminated in a full ban as of August 7, 2022. The decision was based on a recent assessment by the European Food Safety Authority, which
Continue Reading New Class Action Litigation Targets Titanium Dioxide After EU BanMass Arbitration Procedures and Strategies Tested in Litigation
We previously wrote about the rising trend of mass arbitration and how companies and arbitration providers have responded to it thus far, including by adopting new rules and contract terms specifically geared towards coordinated proceedings. It may be tempting to impose strict controls on how mass arbitrations can proceed. But
Continue Reading Mass Arbitration Procedures and Strategies Tested in Litigation