Owning a product that might malfunction isn’t enough for Article III standing—the defect must actually manifest. That’s the message from Glasscock v. Sig Sauer, Inc., __ F.4th __, 2026 WL 2054200 (8th Cir. July 16, 2026), where the Eighth Circuit vacated class certification and dismissed the case after the named plaintiff admitted his firearm had never malfunctioned.
Continue Reading No Misfire, No Case: Eighth Circuit Decertifies Gun-Defect Class Action Over Standing
Third Circuit Addresses Standing in Website Wiretapping Claims—Again
The Third Circuit continues to draw a firm line on Article III standing in website “wiretapping” cases. Just weeks after the court’s decision in Harriet Carter Gifts, the court has issued yet another decision reinforcing that the alleged collection of data through third party tools does not create a concrete injury unless the tools capture truly sensitive, identifying information.
Continue Reading Third Circuit Addresses Standing in Website Wiretapping Claims—AgainFirst Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial
The First Circuit recently held as a matter of first impression that denial of class certification does not strip a federal court of jurisdiction under the Class Action Fairness Act (“CAFA”), consistent with earlier decisions from the Second, Third and Seventh Circuits. The opinion also addressed two exceptions to CAFA—the “home state” and “local controversy” exceptions—ultimately finding that the latter did defeat CAFA jurisdiction in the case before it and required remand to state court. See Kress Stores of Puerto Rico, Inc. v. Wal-Mart Puerto Rico, Inc., — F.4th —-, 2024 WL 4750774 (1st Cir. Nov. 12, 2024).
Continue Reading First Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification DenialNinth Circuit Addresses National Bank Act Preemption after Supreme Court Decision
In the first court decision addressing National Bank Act preemption since the Supreme Court clarified the standard in Cantero v. Bank of America, N.A., 144 S. Ct. 1290 (2024), the Ninth Circuit reaffirmed that the Act does not preempt a California state law requiring banks to pay interest on funds held in their customers’ escrow accounts. See Kivett v. Flagstar Bank, FSB, 2024 WL 3901188 (9th Cir. Aug. 22, 2024).
Continue Reading Ninth Circuit Addresses National Bank Act Preemption after Supreme Court DecisionAnother California Federal Court Rules Movie Theater Is Not “Video Tape Service Provider” Under the VPPA.
A Central District of California court recently dismissed a putative privacy class action after determining that the movie theater defendants were not Video Tape Service Providers as defined by the Video Privacy Protection Act (“VPPA”). See Walsh v. California Cinema Investments LLC, 2024 WL 3593569 (C.D. Cal. July 29, 2024). Two other California federal courts recently have reached similar conclusions, and appeals of those rulings are currently pending before the Ninth Circuit. See Garza v. Alamo Intermediate II Holdings, LLC, 2024 WL 1171737, at *1 (N.D. Cal. Mar. 19, 2024); Osheske v. Silver Cinemas Acquisition Co., 700 F. Supp. 3d 921 (C.D. Cal. 2023).
Continue Reading Another California Federal Court Rules Movie Theater Is Not “Video Tape Service Provider” Under the VPPA.Eighth Circuit Reverses “Windfall” Fee Award to Class Counsel
Earlier this summer we reported that federal courts of appeals are more closely scrutinizing class action settlements that award class counsel outsized sums not reflecting counsels’ time spent on the litigation. Last week, the Eighth Circuit joined the trend by reversing an attorneys’ fee award of almost $80 million in a “megafund” case that “had barely gotten off the ground before it settled.” In re T-Mobile Customer Data Sec. Breach Litig., — F.4th —, 2024 WL 3561874, at *1 (8th Cir. July 29, 2024).
Continue Reading Eighth Circuit Reverses “Windfall” Fee Award to Class CounselA Closer Look: Appellate Courts Closely Scrutinize Settlements
In two recent decisions, federal courts of appeals confirmed they are prepared to give close scrutiny to a class settlement that offers a hefty payday to plaintiffs’ counsel with very little genuine benefit to any class.
Continue Reading A Closer Look: Appellate Courts Closely Scrutinize SettlementsNinth Circuit Holds Spam Text Messages Are Not Prerecorded Voices Under TCPA
Last week, the Ninth Circuit rejected an attempt to broaden the scope of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, when it held that text messages not containing audio could not violate the TCPA’s prohibition against sending messages with “artificial or prerecorded voices.” See Trim v. Reward Zone USA LLC, — F.4th –, 2023 WL 5025264, at *4 (9th Cir. Aug. 8, 2023).
Continue Reading Ninth Circuit Holds Spam Text Messages Are Not Prerecorded Voices Under TCPASCOTUS Set to Resolve Circuit Split over Stays Pending Arbitration Appeal
The Supreme Court recently granted certiorari in a case to resolve a circuit split that has serious implications for companies who are unsuccessful in their efforts to enforce arbitration provisions in federal district courts.
In Coinbase, Inc. v. Bielski, No. 22-105, the defendant moved to compel arbitration in two putative class actions. The motions to compel were denied, and the defendant sought stays while it appealed the denials—which the Federal Arbitration Act gives defendants an automatic right to do. See 9 U.S.C. § 16. Both motions to stay were denied, and the Ninth Circuit affirmed both decisions.
Continue Reading SCOTUS Set to Resolve Circuit Split over Stays Pending Arbitration AppealThird Circuit Adopts “Reasonable Reader” Standard to Evaluate FCRA Claims.
Banks, lenders, and other financial institutions who submit information to credit reporting agencies should take note of a recent Third Circuit decision adopting a “reasonable reader” standard for evaluating whether a credit report was inaccurate or misleading under Fair Credit Reporting Act (“FCRA”).
Continue Reading Third Circuit Adopts “Reasonable Reader” Standard to Evaluate FCRA Claims.