A Closer Look

A Closer Look: Court Applies Established Personal Jurisdiction Principles to Dismiss Crypto Wallet Companies In Class Action Filed After $100 Million North Korean Crypto Hack.District of Delaware Magistrate Finds Dating App Misrepresentation Claims Non-ActionableA Closer Look: Ninth Circuit Extends American Pipe Tolling to Potentially Excluded Class Members in Face of Ambiguous Class Definitions

Advertising & Marketing

Ninth Circuit Further Refines Rule on When Back Labels Should Be Considered in False Advertising ClaimsCalifornia Federal Court Dismisses False Advertising Suit Based on Malic AcidSupreme Court Receives Filings with Key Implications for Climate Change Tort Suits

Antitrust

Post-Class Period Statistics Alone Cannot Demonstrate Parallel Conduct in Antitrust Action, SDNY HoldsGame Stopped:  Eleventh Circuit Affirms Dismissal of Meme Stock Antitrust LawsuitNo Dice:  Nevada Court Dismisses with Prejudice Algorithmic Price Fixing Theories in Vegas Hotels Case

Arbitration

Seventh Circuit Reverses Order Compelling Payment of Mass Arbitration FeesJAMS Implements New Procedures for Mass ArbitrationsSupreme Court Says Courts Cannot Dismiss Claims Pending Arbitration When Stay is Requested

Article III Standing

Multiple Claims Dismissed from Putative Class Action Involving Cyber Attack on Data Storage DevicesOhio Federal Court Dismisses Data Breach Lawsuit for Lack of Article III StandingA Closer Look:  Appellate Courts Closely Scrutinize Settlements

Class Action Procedure

A Closer Look: Court Applies Established Personal Jurisdiction Principles to Dismiss Crypto Wallet Companies In Class Action Filed After $100 Million North Korean Crypto Hack.Judge Makes Class Action Claims Against “Magic Avatar” AI App DisappearCourt Tosses Google Pixel Wiretap Complaint: Plaintiffs Fail to Allege How Pixel Was Configured or Intent to Collect Health Data

Competition Law

Post-Class Period Statistics Alone Cannot Demonstrate Parallel Conduct in Antitrust Action, SDNY HoldsGame Stopped:  Eleventh Circuit Affirms Dismissal of Meme Stock Antitrust LawsuitNo Dice:  Nevada Court Dismisses with Prejudice Algorithmic Price Fixing Theories in Vegas Hotels Case

Consumer Law

California Federal Court Dismisses False Advertising Suit Based on Malic AcidNinth Circuit Addresses National Bank Act Preemption after Supreme Court DecisionNinth Circuit Gives Plaintiffs Second Chance at $91 Million in Statutory Damages

Consumer Products

Ninth Circuit Further Refines Rule on When Back Labels Should Be Considered in False Advertising ClaimsOutlawing Hide-and-Seek:  California’s Prohibition on “Hidden Fees” in Consumer Pricing Set to Take EffectA Closer Look: The Importance of Expert Testimony for “Reasonable Consumer” Claims

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

California State Court Holds That A Concrete Injury-In-Fact Is Required To Bring Claims Under CIPAAnother California Federal Court Rules Movie Theater Is Not “Video Tape Service Provider” Under the VPPA.Judge Makes Class Action Claims Against “Magic Avatar” AI App Disappear

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

Employers Beware: New Wave of Illinois Genetic Information Privacy Act LitigationSecond Circuit Blocks Use of Arbitration Clause to Prevent Class Action ERISA ClaimsSupreme Court Hands California Employers a Significant (if Qualified) Win

Environmental, Social, and Corporate Governance

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

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 Reverses Denial of Class Certification Based on Erroneous Injury RulingFirst Circuit Finds “Fraud on the FDA” Claims Preempted by the FDCATrio of Cases Supports Preemption Arguments for False Advertising Suits Challenging “Structure/Function Claims”

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

South Carolina Federal Court Denies Class Certification in Consumer Data Breach CaseIn Rare Move, Fourth Circuit Exercises Pendent Jurisdiction Over Non-Final OrderFourth Circuit Holds That Consumer Class Action Release Does Not Necessarily Release Personal Injury Claims

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: Court Applies Established Personal Jurisdiction Principles to Dismiss Crypto Wallet Companies In Class Action Filed After $100 Million North Korean Crypto Hack.Ninth Circuit Further Refines Rule on When Back Labels Should Be Considered in False Advertising ClaimsCalifornia State Court Holds That A Concrete Injury-In-Fact Is Required To Bring Claims Under CIPA

Ninth Circuit

Ninth Circuit Further Refines Rule on When Back Labels Should Be Considered in False Advertising ClaimsNinth 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.

Practice Pointers

California Supreme Court Decision Highlights Potential Class Certification Defenses for Manufacturers of Prescription Drugs & Medical DevicesA Closer Look: Ninth Circuit Extends American Pipe Tolling to Potentially Excluded Class Members in Face of Ambiguous Class DefinitionsA Closer Look: The Importance of Expert Testimony for “Reasonable Consumer” Claims

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 Importance of Expert Testimony for “Reasonable Consumer” ClaimsSecond Circuit Blocks Use of Arbitration Clause to Prevent Class Action ERISA ClaimsSupreme Court Declines to Wade into Class Certification “Predominance” Issue

Securities

Supreme Court to Review Securities Pleading Standard

Settlement

Eighth Circuit Reverses “Windfall” Fee Award to Class CounselA Closer Look:  Appellate Courts Closely Scrutinize SettlementsEleventh Circuit Vacates Settlement Approval Because Plaintiffs Lacked Standing to Seek Injunctive Relief

Seventh Circuit

Seventh Circuit Reverses Order Compelling Payment of Mass Arbitration FeesIllinois Federal Court Dismisses BIPA Suit Against X, Holding “Biometric Identifiers” Must Identify IndividualsA Closer Look:  Appellate Courts Closely Scrutinize Settlements

Sixth Circuit

Ohio 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 TrucksSixth Circuit Rejects Juridical Link Exception to Standing in Class Actions

Supreme Court

Ninth Circuit Addresses National Bank Act Preemption after Supreme Court DecisionSupreme Court to Review Securities Pleading StandardSupreme Court Receives Filings with Key Implications for Climate Change Tort Suits

Technology

A Closer Look: Court Applies Established Personal Jurisdiction Principles to Dismiss Crypto Wallet Companies In Class Action Filed After $100 Million North Korean Crypto Hack.California State Court Holds That A Concrete Injury-In-Fact Is Required To Bring Claims Under CIPAAnother California Federal Court Rules Movie Theater Is Not “Video Tape Service Provider” Under the VPPA.

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

Class-action claims seeking economic damages for purchase of withdrawn medicine defeated on Article III standing grounds.Pennsylvania Multi-District Wiretapping Litigation Finds Website Users Lack Article III StandingChoice of Law Issues Largely Defeat Certification of Broad Nationwide Class of Rental Car Customers