Standing remains a powerful defense to putative class actions. Recently, a New Jersey federal court relied on Article III standing to dismiss a lawsuit against Glenmark Pharmaceuticals Inc. alleging that it made false and misleading representations about the safety and efficacy of certain cholesterol drugs despite initiating a recall of
Continue Reading New Jersey Court Dismisses Complaint in Recalled Drugs Suit for Lack of Article III StandingUncategorized
Fourth Circuit Clarifies Standard for Rule 23’s Ascertainability and Predominance Requirements
By Sophia Cianfrani on
Posted in Fourth Circuit, Uncategorized
The Fourth Circuit’s recent decision in Glover v. EQT Corporation, 2025 WL 2405514 (4th Cir. Aug. 20, 2025), provides clarity on what plaintiffs must do to certify a class in a breach-of-contract case while reaffirming that individualized fact-intensive inquiries make it difficult to certify fraudulent concealment claims as a class action.
Continue Reading Fourth Circuit Clarifies Standard for Rule 23’s Ascertainability and Predominance Requirements
Second Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It
By Jess Davis, Jordan Joachim & Kathryn Cahoy on
Posted in Uncategorized
Last week, the Second Circuit affirmed dismissal of a putative class action under the Video Privacy Protection Act (VPPA), holding that the alleged transmission of code containing video titles and a unique user ID to a third-party is not a disclosure of “personally identifiable information” (PII). The decision, Solomon v. Flipps Media, Inc., 23‐7597 (2d Cir. May 1, 2025), aligns the Second Circuit with the Third and Ninth Circuits in holding that the VPPA only prohibits the disclosure of information that would “readily permit an ordinary person to identify a specific individual’s video-watching behavior.”
Continue Reading Second Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It