Topics

A Closer Look

A Closer Look: Ninth Circuit Holds Arbitration Agreement with Certain Mass Arbitration Protocols UnenforceableA Closer Look:  Third Circuit Clarifies When Court-Ordered Discovery Into Issues of Arbitrability Is Necessary.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.

Advertising & Marketing

Hidden No More: FTC Finalizes Rule Restricting Hidden Fees for Live-Event Tickets and Short-Term LodgingIllinois Federal Court Permits Citric Acid Case To ProceedNinth Circuit Further Refines Rule on When Back Labels Should Be Considered in False Advertising Claims

Antitrust

New York Federal Court Declines to Find Class Claims Waived at Pleadings StageNew Jersey Court Dismisses Software Price-Fixing Claims Against Atlantic City CasinosPost-Class Period Statistics Alone Cannot Demonstrate Parallel Conduct in Antitrust Action, SDNY Holds

Arbitration

California Federal Court Allows Software Vendor to Enforce Website Operator’s Arbitration Agreement in Privacy LawsuitCanadian Appellate Decision Highlights Class Action and Mass Arbitration Risks for Companies in Operating in Multiple JurisdictionsA Closer Look: Ninth Circuit Holds Arbitration Agreement with Certain Mass Arbitration Protocols Unenforceable

Article III Standing

Colorado Federal Court Dismisses Data Breach Class Action for Lack of Article III StandingOhio Federal Court Grants Summary Judgment on Right of Publicity and Invasion of Privacy Claims Involving Yearbook PhotosNinth Circuit Holds Courts Cannot Decide Factual Disputes in Standing Challenges Where Standing and Merits Analyses Are Intertwined

Artificial Intelligence

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

Class Action Procedure

Unique Injuries No Bar to Class Certification Pursuing Economic DamagesNo Evading Daubert at Class Certification Stage, Sixth Circuit RulesFirst Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial

Competition Law

New Jersey Court Dismisses Software Price-Fixing Claims Against Atlantic City CasinosPost-Class Period Statistics Alone Cannot Demonstrate Parallel Conduct in Antitrust Action, SDNY HoldsGame Stopped:  Eleventh Circuit Affirms Dismissal of Meme Stock Antitrust Lawsuit

Consumer Law

Hidden No More: FTC Finalizes Rule Restricting Hidden Fees for Live-Event Tickets and Short-Term LodgingUnique Injuries No Bar to Class Certification Pursuing Economic DamagesA Closer Look: Ninth Circuit Holds Arbitration Agreement with Certain Mass Arbitration Protocols Unenforceable

Consumer Products

Unique Injuries No Bar to Class Certification Pursuing Economic DamagesNinth 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 Effect

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 Federal Court Grants Summary Judgment to CIPA DefendantsCalifornia Federal Court Allows Software Vendor to Enforce Website Operator’s Arbitration Agreement in Privacy LawsuitAnother California Court Holds CIPA’s Pen Register Provision Does Not Prohibit the Collection of IP Addresses

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

ERISA

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

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

Jurisdiction

Supreme 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

Another California Court Holds CIPA’s Pen Register Provision Does Not Prohibit the Collection of IP AddressesColorado Federal Court Dismisses Data Breach Class Action for Lack of Article III StandingCourt Holds CIPA’s Pen Register Provision Does Not Impose Liability for “What Makes the Internet Possible.”

Ninth Circuit

California Federal Court Grants Summary Judgment to CIPA DefendantsCalifornia Federal Court Allows Software Vendor to Enforce Website Operator’s Arbitration Agreement in Privacy LawsuitNinth Circuit Denies Class Certification because Causation Theory Requires Individual Analysis of Claims

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

Supreme Court to Review ERISA Prohibited TransactionsNew York Federal Court Declines to Find Class Claims Waived at Pleadings StageA Closer Look: The Importance of Expert Testimony for “Reasonable Consumer” Claims

Securities

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

Settlement

Ninth Circuit Holds That Third-Party Intervenors Do Not Have Standing to Challenge Class Action SettlementsEighth Circuit Reverses “Windfall” Fee Award to Class CounselA Closer Look:  Appellate Courts Closely Scrutinize Settlements

Seventh Circuit

Unique Injuries No Bar to Class Certification Pursuing Economic DamagesIllinois Federal Court Permits Citric Acid Case To ProceedWhat’s the Issue? Seventh Circuit Clarifies Scope of Rule 23(c)(4) Issue Classes

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

Supreme Court Holds That Post-Removal Amendment of Complaint Can Destroy Federal JurisdictionSupreme Court to Review ERISA Prohibited TransactionsNinth Circuit Addresses National Bank Act Preemption after Supreme Court Decision

Technology

California Federal Court Grants Summary Judgment to CIPA DefendantsAnother California Court Holds CIPA’s Pen Register Provision Does Not Prohibit the Collection of IP AddressesCourt Holds CIPA’s Pen Register Provision Does Not Impose Liability for “What Makes the Internet Possible.”

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

A Closer Look:  Third Circuit Clarifies When Court-Ordered Discovery Into Issues of Arbitrability Is Necessary.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 Standing