A Closer Look

Ninth Circuit Finds No Personal Jurisdiction in California Over WebsiteA Closer Look:  Changes To F.R.E. 702 Will Help Ensure Courts Follow The Expert ‘Gatekeeping’ FunctionA Closer Look: Second Circuit Steps In to Reverse Decision Refusing To Enforce “Click-Wrap” Mandatory Arbitration Agreement

Advertising & Marketing

Second Circuit Revives Mislabeling Claims Over “Reef Friendly*” SunscreenCalifornia Federal Court Throws Out Carbon Offset Class Action Against EtsyThird Circuit Flirts with Narrow View of Warranties Based on Third-Party Certification

Antitrust

Brief Stay: Vegas Hotel Case DismissedEleventh Circuit Upholds Blue Cross Blue Shield Subscriber Settlement Over Antitrust and Public Policy ObjectionsThird Circuit Defends Ascertainability Requirement in Affirming Denial of Class Certification

Arbitration

A Closer Look: Second Circuit Steps In to Reverse Decision Refusing To Enforce “Click-Wrap” Mandatory Arbitration AgreementCalifornia Federal Court Finds That Plaintiffs Must Arbitrate Their BIPA ClaimsSupreme Court Resolves Circuit Split to Require Stays Pending Appeal of Refusals to Compel Arbitration

Article III Standing

Presence of Eye Irritants in Eye Makeup Is Not Enough for Article III Injury, N.D. Cal. Judge RulesCalifornia Federal Court Throws Out Carbon Offset Class Action Against EtsyFederal Court Partially Dismisses Hacked Hard Drive Claims Where Plaintiffs Could Only Show Data Deletion, Not Theft

Class Action Procedure

A Closer Look:  Changes To F.R.E. 702 Will Help Ensure Courts Follow The Expert ‘Gatekeeping’ FunctionA Closer Look: Second Circuit Steps In to Reverse Decision Refusing To Enforce “Click-Wrap” Mandatory Arbitration AgreementSixth Circuit Pumps the Brakes on Class Certification Alleging Common Defects in Ford F-150 Pickup Trucks

Consumer Products

Second Circuit Revives Mislabeling Claims Over “Reef Friendly*” SunscreenThird Circuit Flirts with Narrow View of Warranties Based on Third-Party CertificationFirst Circuit Finds “Fraud on the FDA” Claims Preempted by the FDCA

D.C. Circuit

D.C. Circuit Confirms That Issue Classes Must Satisfy the Requirements of Rule 23(a) and (b)A Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?D.C. and Ninth Circuits to Decide If Evidence of Uninjured Absent Members Defeats Class Certification

Eighth Circuit

A Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?

Eleventh Circuit

Eleventh Circuit Holds Willful Violations of the Fair Credit Reporting Act Do Not Require Proof of Actual DamagesEleventh Circuit Upholds Blue Cross Blue Shield Subscriber Settlement Over Antitrust and Public Policy ObjectionsEleventh Circuit Updates Its Article III Standing Analysis

Employment

Supreme Court Hands California Employers a Significant (if Qualified) WinHeartbreakers Gentlemen’s Club Gets Lucky with Arbitration Win in Fifth CircuitA Closer Look: New Law Ends Mandatory Arbitration for Sexual Assault and Sexual Harassment Claims

Europe

A Closer Look: The Rise of Class Actions in the UK and the EUUK High Court Rejects Data Privacy Representative Action Against Google

Fifth Circuit

Fifth Circuit Declines to Wade Into Circuit Split on Relationship Between Standing and Class CertificationFifth Circuit Upholds Early Dismissal of Class Allegations at Pleading StageA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?

Financial Services

Eleventh Circuit Holds Willful Violations of the Fair Credit Reporting Act Do Not Require Proof of Actual DamagesBank Partnership Defeats Motion for Preliminary Injunction in “True Lender” SuitMichigan Supreme Court Refuses to Enforce “Usury Savings Clause”

First Circuit

First Circuit Finds “Fraud on the FDA” Claims Preempted by the FDCATrio of Cases Supports Preemption Arguments for False Advertising Suits Challenging “Structure/Function Claims”First Circuit Holds that Class Action Settlements Require Separate Counsel for Class Members with Significantly Different Claims

Food and Beverage

Illinois Federal Court Dismisses One False Advertising Suit Based on Malic Acid, While Sustaining AnotherTrio of Cases Supports Preemption Arguments for False Advertising Suits Challenging “Structure/Function Claims”J.M. Smucker Defeats Putative VPPA Class Action on Jurisdictional Grounds

Fourth Circuit

Fourth Circuit Remands Class Action to State Court After Plaintiff Questions His Own StandingA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?Fourth Circuit Holds Statements About Importance of Data Security Not Actionable

Life Science

Data Breach, Without Allegations of Misuse, Isn’t Enough for Article III StandingTo Defeat Dismissal, Plaintiffs Win By Losing Standing

Life Sciences

Another Win for Preemption in Over-The-Counter Drug Labeling CaseData Breach, Without Allegations of Misuse, Isn’t Enough for Article III StandingA Closer Look: Express Federal Preemption for OTC Medications Subject to Monographs

Litigation

Ninth Circuit Finds No Personal Jurisdiction in California Over WebsiteA Closer Look:  Changes To F.R.E. 702 Will Help Ensure Courts Follow The Expert ‘Gatekeeping’ FunctionSixth Circuit Pumps the Brakes on Class Certification Alleging Common Defects in Ford F-150 Pickup Trucks

Ninth Circuit

Ninth Circuit Finds No Personal Jurisdiction in California Over WebsiteAre You Not Infotained?  The Ninth Circuit Tightens Statutory Standing Rules for WPA ClaimsPresence of Eye Irritants in Eye Makeup Is Not Enough for Article III Injury, N.D. Cal. Judge Rules

Practice Pointers

Ninth Circuit Finds No Personal Jurisdiction in California Over WebsiteA Closer Look:  Changes To F.R.E. 702 Will Help Ensure Courts Follow The Expert ‘Gatekeeping’ FunctionSupreme Court Denies Cert on Incentive Awards

Preliminary Injunction

Bank Partnership Defeats Motion for Preliminary Injunction in “True Lender” Suit9th Circuit Upholds Preliminary Injunction Against Prop. 65 Acrylamide Lawsuits

Privacy

Ninth Circuit Finds No Personal Jurisdiction in California Over WebsiteAre You Not Infotained?  The Ninth Circuit Tightens Statutory Standing Rules for WPA ClaimsFederal Court Dismisses Chatbot Claim for Lack of Article III Standing Where Plaintiff Could Not Show Concrete Injury

Second Circuit

A Closer Look: Second Circuit Steps In to Reverse Decision Refusing To Enforce “Click-Wrap” Mandatory Arbitration AgreementSecond Circuit Revives Mislabeling Claims Over “Reef Friendly*” SunscreenAnother Win for Preemption in Over-The-Counter Drug Labeling Case

Settlement

Eleventh Circuit Upholds Blue Cross Blue Shield Subscriber Settlement Over Antitrust and Public Policy ObjectionsCalifornia Federal Court Clamps Down on ‘En Masse’ Class Claims Identified by AISecond Circuit Holds that Rule 23(e) Prohibits Presumption of Fairness of Arm’s-Length Negotiated Class Settlements

Seventh Circuit

Illinois Federal Court Dismisses One False Advertising Suit Based on Malic Acid, While Sustaining AnotherTenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability PrecedentDior’s Virtual Try-On Tool Fits in BIPA Healthcare Exemption, Illinois Court Says

Sixth Circuit

Sixth Circuit Pumps the Brakes on Class Certification Alleging Common Defects in Ford F-150 Pickup TrucksSixth Circuit Rejects Juridical Link Exception to Standing in Class ActionsSixth Circuit Applies Offensive Collateral Estoppel in Subsequent Mass Tort Proceedings

Supreme Court

Split Supreme Court Weighs in on Corporate Consent to Personal JurisdictionSupreme Court Resolves Circuit Split to Require Stays Pending Appeal of Refusals to Compel ArbitrationSupreme Court Denies Cert on Incentive Awards

Technology

Brief Stay: Vegas Hotel Case DismissedCalifornia Superior Court Certifies Class of Android UsersAre You Not Infotained?  The Ninth Circuit Tightens Statutory Standing Rules for WPA Claims

Tenth Circuit

Tenth Circuit Permits District Courts to Rely on Third and Seventh Circuit Ascertainability PrecedentA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?Tenth Circuit Rules Pet Owners’ Class-Action Bark Has No Bite

Third Circuit

Choice of Law Issues Largely Defeat Certification of Broad Nationwide Class of Rental Car CustomersThird Circuit Flirts with Narrow View of Warranties Based on Third-Party CertificationThird Circuit Defends Ascertainability Requirement in Affirming Denial of Class Certification

Uncategorized

D.C. Circuit Confirms That Issue Classes Must Satisfy the Requirements of Rule 23(a) and (b)New Class Action Litigation Targets Titanium Dioxide After EU BanSupreme Court Grants Certiorari in Gonzalez v. Google, Marking First Time Court Will Review Section 230