Topics

A Closer Look

A 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 ComplaintA Closer Look: Fourth Circuit Upholds Unambiguous Delegation Clause post- Coinbase

Advertising & Marketing

New York Proposes New Consumer Protection LawSecond Circuit Affirms Dismissal of Consumer Class Action Challenging Nutrition Shakes and Drinks As MisleadingHidden No More: FTC Finalizes Rule Restricting Hidden Fees for Live-Event Tickets and Short-Term Lodging

Antitrust

Court Takes Wind Out of the Sails of Yacht Sellers’ Antitrust SuitNew York Federal Court Declines to Find Class Claims Waived at Pleadings StageNew Jersey Court Dismisses Software Price-Fixing Claims Against Atlantic City Casinos

Arbitration

FedArb Updates Mass Arbitration Rules to Incorporate Affirmation RequirementCalifornia Federal Court Permits Thousands of Arbitration Opt-Outs from Certified ClassA Closer Look: Fourth Circuit Upholds Unambiguous Delegation Clause post- Coinbase

Article III Standing

Recording of Customer Service Call “Not Private or Personal Enough” to Confer Article III StandingIllinois Federal Court Rejects Fiji Water Microplastics CaseFourth Circuit Concludes TransUnion Demands Evidence of Injury for All Class Members

Artificial Intelligence

New Jersey Court Dismisses Software Price-Fixing Claims Against Atlantic City Casinos

Class Action Procedure

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)California Supreme Court Clarifies that CCP Section 998’s Cost-Shifting Rule Applies to Pre-Trial SettlementsIllinois Federal Court Rejects Fiji Water Microplastics Case

Competition Law

Court Takes Wind Out of the Sails of Yacht Sellers’ Antitrust SuitNew Jersey Court Dismisses Software Price-Fixing Claims Against Atlantic City CasinosPost-Class Period Statistics Alone Cannot Demonstrate Parallel Conduct in Antitrust Action, SDNY Holds

Consumer Law

New York Proposes New Consumer Protection LawSecond Circuit Affirms Dismissal of Consumer Class Action Challenging Nutrition Shakes and Drinks As MisleadingHidden No More: FTC Finalizes Rule Restricting Hidden Fees for Live-Event Tickets and Short-Term Lodging

Consumer Products

Illinois Federal Court Rejects Fiji Water Microplastics CaseSecond Circuit Affirms Dismissal of Consumer Class Action Challenging Nutrition Shakes and Drinks As MisleadingUnique Injuries No Bar to Class Certification Pursuing Economic Damages

D.C. Circuit

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

Data Privacy and Cybersecurity

Court Grants Summary Judgment: Website Vendor Cannot Read “Session Replay” Data “In Transit” Under CIPA“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA ClaimImplied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim

Eighth Circuit

Eighth Circuit Reverses “Windfall” Fee Award to Class CounselSupreme Court Declines to Wade into Class Certification “Predominance” IssueFederal Court Dismisses Lawsuit Over Use of Pixel Technology on University Hospital Websites

Eleventh Circuit

Game Stopped:  Eleventh Circuit Affirms Dismissal of Meme Stock Antitrust LawsuitA Closer Look:  Appellate Courts Closely Scrutinize SettlementsSupreme Court Declines to Wade into Class Certification “Predominance” Issue

Employment

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)Employers Beware: New Wave of Illinois Genetic Information Privacy Act LitigationSecond Circuit Blocks Use of Arbitration Clause to Prevent Class Action ERISA Claims

Environmental, Social, and Corporate Governance

Supreme Court Receives Filings with Key Implications for Climate Change Tort Suits

ERISA

A 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

A Closer Look: The Importance of Expert Testimony for “Reasonable Consumer” Claims

Fifth Circuit

Supreme Court Declines to Wade into Class Certification “Predominance” IssueFifth Circuit Declines to Wade Into Circuit Split on Relationship Between Standing and Class CertificationFifth Circuit Upholds Early Dismissal of Class Allegations at Pleading Stage

Financial Services

Ninth Circuit Addresses National Bank Act Preemption after Supreme Court DecisionPost-Class Period Statistics Alone Cannot Demonstrate Parallel Conduct in Antitrust Action, SDNY HoldsEleventh Circuit Holds Willful Violations of the Fair Credit Reporting Act Do Not Require Proof of Actual Damages

First Circuit

First Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification DenialFirst Circuit Reverses Denial of Class Certification Based on Erroneous Injury RulingFirst Circuit Finds “Fraud on the FDA” Claims Preempted by the FDCA

Food and Beverage

California Federal Court Dismisses False Advertising Suit Based on Malic AcidSplit Ninth Circuit Panel Permits Private Plaintiffs to Use California Food Labeling Law to Enforce Federal StandardsOutlawing Hide-and-Seek:  California’s Prohibition on “Hidden Fees” in Consumer Pricing Set to Take Effect

Fourth Circuit

Fourth Circuit Concludes TransUnion Demands Evidence of Injury for All Class MembersA Closer Look: Fourth Circuit Upholds Unambiguous Delegation Clause post- CoinbaseSouth Carolina Federal Court Denies Class Certification in Consumer Data Breach Case

Jurisdiction

Pennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping ClaimSupreme Court Holds That Post-Removal Amendment of Complaint Can Destroy Federal Jurisdiction

Life Sciences

Citing First Amendment Issues, Ninth Circuit Kills Prop 65 Glyphosate Warning RequirementAnother Win for Preemption in Over-The-Counter Drug Labeling CaseData Breach, Without Allegations of Misuse, Isn’t Enough for Article III Standing

Litigation

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA ClaimCalifornia Court Holds Plaintiffs’ Consent Defeats Claims Involving Use of Website Pixel

Ninth Circuit

Another California Court Rejects Privacy Claims Targeting Online Chat FeatureNinth Circuit Shoots Down Fee Award in Data Breach Class ActionNinth Circuit Affirms Dismissal of CIPA and Wiretap Act Claims Against Celebrity Platform

Practice Pointers

No Evading Daubert at Class Certification Stage, Sixth Circuit RulesWhat’s the Issue? Seventh Circuit Clarifies Scope of Rule 23(c)(4) Issue ClassesCalifornia Supreme Court Decision Highlights Potential Class Certification Defenses for Manufacturers of Prescription Drugs & Medical Devices

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:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)Second Circuit Affirms Dismissal of Consumer Class Action Challenging Nutrition Shakes and Drinks As MisleadingSupreme Court to Review ERISA Prohibited Transactions

Securities

Supreme Court Expresses Skepticism Regarding Nvidia’s Motion to Dismiss Securities Class ActionSupreme Court to Review Securities Pleading Standard

Settlement

Ninth Circuit Shoots Down Fee Award in Data Breach Class ActionNinth Circuit Holds That Third-Party Intervenors Do Not Have Standing to Challenge Class Action SettlementsEighth Circuit Reverses “Windfall” Fee Award to Class Counsel

Seventh Circuit

Illinois Federal Court Rejects Fiji Water Microplastics CaseUnique Injuries No Bar to Class Certification Pursuing Economic DamagesIllinois Federal Court Permits Citric Acid Case To Proceed

Sixth Circuit

No Evading Daubert at Class Certification Stage, Sixth Circuit RulesOhio Federal Court Dismisses Data Breach Lawsuit for Lack of Article III StandingSixth Circuit Pumps the Brakes on Class Certification Alleging Common Defects in Ford F-150 Pickup Trucks

Supreme Court

A Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)No Final Judgment, No Attorneys’ Fees: The Supreme Court Clarifies the Meaning of “Prevailing Party” in Lackey v. StinnieSupreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification

Technology

Court Grants Summary Judgment: Website Vendor Cannot Read “Session Replay” Data “In Transit” Under CIPA“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA ClaimAnother California Court Rejects Privacy Claims Targeting Online Chat Feature

Tenth Circuit

Colorado Federal Court Dismisses Data Breach Class Action for Lack of Article III StandingTenth 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?

Third Circuit

Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping ClaimPennsylvania District Court Judge Remands Case After Finding No Article III Standing to Bring Wiretapping ClaimThird Circuit Affirms That Individual Inquiries Into Consent Preclude Class Certification

Uncategorized

Second Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It