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

Illinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food CompanyNew York Proposes New Consumer Protection LawSecond Circuit Affirms Dismissal of Consumer Class Action Challenging Nutrition Shakes and Drinks As Misleading

Antitrust

California Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing ClaimsCourt Finds Homebuyers Lack Antitrust Standing to Challenge Real Estate Brokerage Commission Rules

Arbitration

SEC Changes Policy on Issuer-Investor Arbitration Provisions With Important Implications for Securities Class ActionsCA Supreme Court Smooths Edges of Arbitration Invoice Payment Statute to Save it from Federal PreemptionSixth Circuit Enforces Arbitration Agreement After Lower Court Sua Sponte Found Waiver

Article III Standing

Court Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III StandingStanding in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebFederal Court Fries Data Breach Class Action for Lack of Standing

Artificial Intelligence

California Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing ClaimsCalifornia Court Dismisses Hotel Algorithmic Price Fixing Claims

Class Action Procedure

Fifth Circuit Clarifies No Cross-Jurisdictional Tolling in TexasIllinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food CompanyValuation and Standing—The Sixth Circuit Creates a Class Action Split

Competition Law

California Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing ClaimsCourt Finds Homebuyers Lack Antitrust Standing to Challenge Real Estate Brokerage Commission Rules

Consumer Law

CA Supreme Court Smooths Edges of Arbitration Invoice Payment Statute to Save it from Federal PreemptionNinth Circuit Affirms Class Certification Based on Unexecuted Damages ModelNinth Circuit Limits FDCA’s Preclusive Sweep at Pleading Stage in Food Mislabeling Case

Consumer Products

District Court Junks Ultra-Processed Foods LawsuitSixth Circuit Rejects Food Contamination Claims for Lack of StandingNo Splash Without Specifics: Eleventh Circuit Rejects Claims Challenging Influencer Swimwear Endorsements

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

Ninth Circuit Affirms Dismissal of Wiretap Claims Based on Party ExceptionCourt Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III StandingStanding in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark Web

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

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

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

District 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

Fifth Circuit Clarifies No Cross-Jurisdictional Tolling in TexasFifth Circuit Adopts a Test for Standing at Class Certification StageEyewear Company Wins Dismissal of Pixel Wiretapping Suit

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

Post-Cantero, First Circuit Sets Demanding National Bank Act Preemption TestNon-signatory Defendant Unable to Meet High Burden for Compelling ArbitrationFirst Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial

Food and Beverage

Illinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food CompanyDistrict Court Requires Specific Testing Allegations in Dismissing PFAS Class ActionDistrict Court Junks Ultra-Processed Foods Lawsuit

Fourth Circuit

Standing in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebFederal Court Fries Data Breach Class Action for Lack of StandingFourth Circuit Clarifies Standard for Rule 23’s Ascertainability and Predominance Requirements

Jurisdiction

Sixth 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 ClaimSupreme Court Holds That Post-Removal Amendment of Complaint Can Destroy Federal Jurisdiction

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 Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentCourt Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III StandingNinth Circuit Affirms Dismissal of Supplement Marketing Claims as Impliedly Preempted

Ninth Circuit

Ninth Circuit Affirms Dismissal of Wiretap Claims Based on Party ExceptionCourt Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III StandingNinth Circuit Affirms Dismissal of Supplement Marketing Claims as Impliedly Preempted

Practice Pointers

Standing in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebDistrict Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit RulesNo Evading Daubert at Class Certification Stage, Sixth Circuit Rules

Preliminary Injunction

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

Second Circuit

Second Circuit Clarifies Analysis of Attorneys' Fees in Class Action SettlementA 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 Misleading

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

Fee-versal of FortuneSecond Circuit Clarifies Analysis of Attorneys' Fees in Class Action SettlementNinth Circuit Shoots Down Fee Award in Data Breach Class Action

Seventh Circuit

Illinois Federal Court Dismisses Deceptive Advertising Class Action Against Snack Food CompanyDistrict Courts Must Address Conflicting Expert Evidence to Certify Antitrust Class Action, Seventh Circuit RulesClaims that Drug Manufacturer Paid PBMs to Disrupt Operation of State Generic Substitution Laws not Viable, Says Illinois Court

Sixth Circuit

High 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 SplitSixth Circuit Rejects Food Contamination Claims for Lack of Standing

Supreme Court

End of Universal Injunctions, Re-Emergence of Rule 23(b)(2) Class ActionsSupreme Court Delays Resolution of Uninjured Class Member DebateA Closer Look:  Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)

Technology

California Court Rejects First Algorithmic Price Fixing Case to Reach Summary JudgmentStanding in the Dark:  Fourth Circuit Finds Standing for Driver’s License Information on the Dark WebNinth Circuit Rejects Vegas Hotel Algorithmic Price Fixing Claims

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

Third Circuit Rejects “Reasonable Indication” Opt-Out StandardThird Circuit Overturns Class Certification in Auto Insurance Case Based on Predominance IssuesImplied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim

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