Topics

A Closer Look

A Closer Look: The Discoverability of Artificial Intelligence PromptsA Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)New Jersey Court Applies CIPA’s Party Exception to Pixel Wiretap Complaint

Advertising & Marketing

Washington Anti-Spam Law Decision Addresses Article III Standing in CEMA CasesDistrict Courts Appear Skeptical of CAN‑SPAM Preemption and Constitutional Challenges to CEMAEggland’s Best Can’t Scramble “Cage Free” Consumer Class Action, Illinois Court Rules   

Antitrust

Non-Statistical Evidence in No-Poach Antitrust Litigation Not Enough to Certify Class, Says Illinois CourtEighth Circuit Affirms Dismissal of Antitrust Class Action Alleging Group Boycott of Agricultural E-Commerce Platforms for “Impermissible Group Pleading”Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District Court

Arbitration

Prominent Arbitration Clause Signage Precludes Parking Lot Class ActionNinth Circuit Declines to Enforce “Misleading,” “Disparaging,” and “Confusing” Arbitration Agreement Mid‑LitigationThird Circuit Holds Providing Clear Notice of Intent to Compel Arbitration Preserves Right to Compel Arbitration Once Right Becomes Enforceable

Article III Standing

California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III StandingFirst Circuit Scrutinizes Causation Issues to Find No Article III Standing in Data Breach CaseFederal Court Allows Plaintiff to Cure Standing Defect Through Early Amendment

Artificial Intelligence

A Closer Look: The Discoverability of Artificial Intelligence PromptsCalifornia Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing Claims

Class Action Procedure

Non-Statistical Evidence in No-Poach Antitrust Litigation Not Enough to Certify Class, Says Illinois CourtFourth Circuit Vacates Grant of Class Certification for Lack of Commonality and PredominanceFederal Court Allows Plaintiff to Cure Standing Defect Through Early Amendment

Competition Law

Non-Statistical Evidence in No-Poach Antitrust Litigation Not Enough to Certify Class, Says Illinois CourtEighth Circuit Affirms Dismissal of Antitrust Class Action Alleging Group Boycott of Agricultural E-Commerce Platforms for “Impermissible Group Pleading”Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District Court

Consumer Law

Ninth Circuit Reverses Dismissal of False Advertising Suit Based on Malic AcidOverpayment Claims Don’t Always Fly: The Fifth Circuit on Article III StandingProminent Arbitration Clause Signage Precludes Parking Lot Class Action

Consumer Products

Third Circuit Vacates Class Counsel Fee As Excessive—AgainEggland’s Best Can’t Scramble “Cage Free” Consumer Class Action, Illinois Court Rules   Ninth Circuit Partially Reverses Certification of Classes Challenging Ford Trucks’ Alleged Steering “Shimmy”

D.C. Circuit

D.C. Circuit Deepens Circuit Split on Interpretation of "Consumer" Under VPPASupreme Court Declines to Wade into Class Certification “Predominance” IssueD.C. Circuit Confirms That Issue Classes Must Satisfy the Requirements of Rule 23(a) and (b)

Data Privacy and Cybersecurity

California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III StandingFirst Circuit Scrutinizes Causation Issues to Find No Article III Standing in Data Breach CaseStanding Found, But Negligence Fails: Eastern District of Michigan Dismisses Data Breach Claims for Lack of Causation

Eighth Circuit

Eighth Circuit Affirms Dismissal of Antitrust Class Action Alleging Group Boycott of Agricultural E-Commerce Platforms for “Impermissible Group Pleading”Eighth Circuit Affirms Dismissal of VPPA ClaimEighth Circuit Ices False Labeling Class Action on Predominance Grounds

Eleventh Circuit

Court Finds Homebuyers Lack Antitrust Standing to Challenge Real Estate Brokerage Commission RulesNo Splash Without Specifics: Eleventh Circuit Rejects Claims Challenging Influencer Swimwear EndorsementsEleventh Circuit Decision Underscores Importance of Complying with AAA Rules

Employment

Non-Statistical Evidence in No-Poach Antitrust Litigation Not Enough to Certify Class, Says Illinois CourtOne Plan, Many Accounts: Fourth Circuit Slams the Door on Mandatory ERISA Classes in Defined Contribution CasesA Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)

Environmental, Social, and Corporate Governance

Eggland’s Best Can’t Scramble “Cage Free” Consumer Class Action, Illinois Court Rules   Supreme Court Receives Filings with Key Implications for Climate Change Tort Suits

ERISA

One Plan, Many Accounts: Fourth Circuit Slams the Door on Mandatory ERISA Classes in Defined Contribution CasesA Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)Supreme Court to Review ERISA Prohibited Transactions

Europe

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

Experts

Aggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtDistrict Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit RulesA Closer Look: The Importance of Expert Testimony for “Reasonable Consumer” Claims

Fifth Circuit

Overpayment Claims Don’t Always Fly: The Fifth Circuit on Article III StandingFifth Circuit Clarifies No Cross-Jurisdictional Tolling in TexasFifth Circuit Adopts a Test for Standing at Class Certification Stage

Financial Services

Post-Cantero, Ninth Circuit Allows Prior National Bank Act Preemption Decision To Remain StandingPost-Cantero, First Circuit Sets Demanding National Bank Act Preemption TestSixth Circuit Revives Overdraft Fee Lawsuit Based on Ambiguous Contractual Terms

First Circuit

First Circuit Scrutinizes Causation Issues to Find No Article III Standing in Data Breach CasePost-Cantero, First Circuit Sets Demanding National Bank Act Preemption TestNon-signatory Defendant Unable to Meet High Burden for Compelling Arbitration

Food and Beverage

Ninth Circuit Reverses Dismissal of False Advertising Suit Based on Malic AcidBuyer Aware, Class Beware: Court Nixes Smoked Almonds Putative ClassEggland’s Best Can’t Scramble “Cage Free” Consumer Class Action, Illinois Court Rules   

Fourth Circuit

Fourth Circuit Vacates Grant of Class Certification for Lack of Commonality and PredominanceOne Plan, Many Accounts: Fourth Circuit Slams the Door on Mandatory ERISA Classes in Defined Contribution CasesFourth Circuit Announces Legal Framework for Pre-Discovery Motions to Deny Class Certification

Jurisdiction

Stand Aside:  Third Circuit Throws Out Harriet Carter Gifts Federal Wiretapping Case On Standing GroundsSixth Circuit Enforces Arbitration Agreement After Lower Court Sua Sponte Found WaiverPennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping Claim

Life Sciences

Claims that Drug Manufacturer Paid PBMs to Disrupt Operation of State Generic Substitution Laws not Viable, Says Illinois CourtCiting First Amendment Issues, Ninth Circuit Kills Prop 65 Glyphosate Warning RequirementAnother Win for Preemption in Over-The-Counter Drug Labeling Case

Litigation

California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III StandingFirst Circuit Scrutinizes Causation Issues to Find No Article III Standing in Data Breach CaseNon-Statistical Evidence in No-Poach Antitrust Litigation Not Enough to Certify Class, Says Illinois Court

Ninth Circuit

California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III StandingSupreme Court Curtails ATS and TVPA Class Action LawsuitsNinth Circuit Reverses Dismissal of False Advertising Suit Based on Malic Acid

Practice Pointers

Stand Aside:  Third Circuit Throws Out Harriet Carter Gifts Federal Wiretapping Case On Standing GroundsFederal Circuit Agrees with Majority View on Class Representative Incentive AwardsStanding in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark Web

Preliminary Injunction

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

Second Circuit

A Closer Look: The Discoverability of Artificial Intelligence PromptsAggregate Damages Model, List Prices Insufficient to Demonstrate Classwide Antitrust Injury, Says Federal District CourtSecond Circuit Clarifies Analysis of Attorneys' Fees in Class Action Settlement

Securities

SEC Changes Policy on Issuer-Investor Arbitration Provisions With Important Implications for Securities Class ActionsSixth Circuit Remands Class Certification Ruling Back to District Court to Conduct Rigorous Analysis Under ComcastSupreme Court Expresses Skepticism Regarding Nvidia’s Motion to Dismiss Securities Class Action

Settlement

Federal Circuit Agrees with Majority View on Class Representative Incentive AwardsFee-versal of FortuneSecond Circuit Clarifies Analysis of Attorneys' Fees in Class Action Settlement

Seventh Circuit

Seventh Circuit Holds that BIPA Amendment Applies RetroactivelyBuyer Aware, Class Beware: Court Nixes Smoked Almonds Putative ClassEggland’s Best Can’t Scramble “Cage Free” Consumer Class Action, Illinois Court Rules   

Sixth Circuit

Sixth Circuit Denies Permission to Appeal Class Certification Order Raising Questions of Consent and Fail-Safe ClassesHigh Price of Dissent: Court Upholds Substantial Bond on Objectors To The In Re: East Palestine Train Derailment Class Action SettlementValuation and Standing—The Sixth Circuit Creates a Class Action Split

Supreme Court

Supreme Court Curtails ATS and TVPA Class Action LawsuitsEnd of Universal Injunctions, Re-Emergence of Rule 23(b)(2) Class ActionsSupreme Court Delays Resolution of Uninjured Class Member Debate

Technology

California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III StandingStanding Found, But Negligence Fails: Eastern District of Michigan Dismisses Data Breach Claims for Lack of CausationThird Circuit Addresses Standing in Website Wiretapping Claims—Again

Tenth Circuit

Tenth Circuit Emphasizes Prior Holding that Ascertainability Does Not Require Administrative FeasibilityTenth Circuit Adopts Majority View not Requiring “Administrative Feasibility” for AscertainabilityColorado Federal Court Dismisses Data Breach Class Action for Lack of Article III Standing

Third Circuit

Third Circuit Vacates Class Counsel Fee As Excessive—AgainThird Circuit Addresses Standing in Website Wiretapping Claims—AgainStand Aside:  Third Circuit Throws Out Harriet Carter Gifts Federal Wiretapping Case On Standing Grounds

Uncategorized

Fourth Circuit Clarifies Standard for Rule 23’s Ascertainability and Predominance RequirementsSecond Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It