A Closer Look

A Closer Look: Federal Court Concludes that Certain NFTs May Be Securities: Preliminary Determination in Ongoing NBA Top Shot LitigationA Closer Look: The Rise of Class Actions in the UK and the EUA Closer Look: Equitable Jurisdiction in the Ninth Circuit After Sonner

Advertising & Marketing

New York Federal Court Dismisses Two False Advertising Suits Based on Malic AcidCalifornia Urges Ninth Circuit to Clamp Down on Dismissals for Insufficient Pleading Under “Reasonable Consumer” TestAspirational Statements of “Sustainability” Not Actionable Under D.C. Consumer Protection Statute

Arbitration

DOJ Weighs in on Enforceability of Arbitration Agreements Involving ServicemembersNinth Circuit Reverses Course on ArbitrationSCOTUS Set to Resolve Circuit Split over Stays Pending Arbitration Appeal

Article III Standing

Eleventh Circuit to Reconsider Standing DecisionsLosing Less than a Penny Suffices for Standing for Class Certification, the Ninth Circuit RulesFourth Circuit Remands Class Action to State Court After Plaintiff Questions His Own Standing

Class Action Procedure

Eleventh Circuit to Reconsider Standing DecisionsFifth Circuit Upholds Early Dismissal of Class Allegations at Pleading StageA Closer Look: The Rise of Class Actions in the UK and the EU

Consumer Products

California Urges Ninth Circuit to Clamp Down on Dismissals for Insufficient Pleading Under “Reasonable Consumer” TestNew Class Action Litigation Targets Titanium Dioxide After EU Ban“100% Recyclable” Labels Are Not False Just Because Not All Plastic Bottles Are Recycled

D.C. Circuit

A Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?D.C. and Ninth Circuits to Decide If Evidence of Uninjured Absent Members Defeats Class Certification

Eighth Circuit

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

Eleventh Circuit

Eleventh Circuit to Reconsider Standing DecisionsAlabama Federal Court Finds Choice-of-Law Provision Bars BIPA Privacy Lawsuit Against Online Examination CompanyA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?

Employment

Supreme Court Hands California Employers a Significant (if Qualified) WinHeartbreakers Gentlemen’s Club Gets Lucky with Arbitration Win in Fifth CircuitA Closer Look: New Law Ends Mandatory Arbitration for Sexual Assault and Sexual Harassment Claims

Europe

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

Fifth Circuit

Fifth Circuit Upholds Early Dismissal of Class Allegations at Pleading StageA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?Fifth Circuit Applies TransUnion To Conclude Plaintiff Lacked Standing To Assert FDCPA Claims.

Financial Services

A Closer Look: Federal Court Concludes that Certain NFTs May Be Securities: Preliminary Determination in Ongoing NBA Top Shot LitigationLawsuit Accuses Bank of America of Misleading Companies About PPP LoansCourt Dismisses Class Action Seeking to Hold Cryptocurrency Exchange Coinbase Liable for Sale of Unregistered Securities

First Circuit

First Circuit Holds that Class Action Settlements Require Separate Counsel for Class Members with Significantly Different ClaimsFirst Circuit Holds Alleged Overpayment Enough for Article III StandingA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?

Food and Beverage

New York Federal Court Dismisses Two False Advertising Suits Based on Malic AcidTwo Federal Courts Arrive at Opposite Conclusions in Suits Claiming “Natural Flavor with Other Natural Flavors” Is Misleading“100% Recyclable” Labels Are Not False Just Because Not All Plastic Bottles Are Recycled

Fourth Circuit

Fourth Circuit Remands Class Action to State Court After Plaintiff Questions His Own StandingA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?Fourth Circuit Holds Statements About Importance of Data Security Not Actionable

Life Science

Data Breach, Without Allegations of Misuse, Isn’t Enough for Article III StandingTo Defeat Dismissal, Plaintiffs Win By Losing Standing

Life Sciences

Data Breach, Without Allegations of Misuse, Isn’t Enough for Article III StandingA Closer Look: Express Federal Preemption for OTC Medications Subject to Monographs

Ninth Circuit

Losing Less than a Penny Suffices for Standing for Class Certification, the Ninth Circuit RulesNinth Circuit Reverses Course on ArbitrationCalifornia Urges Ninth Circuit to Clamp Down on Dismissals for Insufficient Pleading Under “Reasonable Consumer” Test

Practice Pointers

Practice Pointers:  Always Look for Hidden Treasure – an Insurance Coverage Checklist When Hit with a Class ActionMass Arbitration Procedures and Strategies Tested in LitigationIndividualized Damages Issues Preclude Class Certification in Eleventh Circuit

Preliminary Injunction

9th Circuit Upholds Preliminary Injunction Against Prop. 65 Acrylamide Lawsuits

Privacy

New BIPA Claims Accrue “With Every Scan or Transmission” of Biometric Information, Says the Illinois Supreme Court  Dior’s Virtual Try-On Tool Fits in BIPA Healthcare Exemption, Illinois Court SaysIllinois Supreme Court Holds Five-Year Statute of Limitations Applies to All Claims under BIPA

Second Circuit

Court Dismisses Class Action Seeking to Hold Cryptocurrency Exchange Coinbase Liable for Sale of Unregistered SecuritiesNew York Court Denies Class Certification in Copyright Infringement ActionSecond Circuit Clarifies Predominance Analysis in Decision Overturning Class Certification of 8,000 Retirement Plans

Settlement

DOJ Seeks to Block Class Action Incentive Awards in Recent Class Action SettlementCrypto Class Settlement Nixed Due to Insufficient Data on “Anonymous” Investors Eleventh Circuit Holds that All Class Members Must Have Standing Under Circuit Law to Recover Individual Damages

Seventh Circuit

Dior’s Virtual Try-On Tool Fits in BIPA Healthcare Exemption, Illinois Court SaysA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?Seventh Circuit Rejects "Stealth" Class Actions

Sixth Circuit

Sixth Circuit Applies Offensive Collateral Estoppel in Subsequent Mass Tort ProceedingsA Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?Sixth Circuit Adds Teeth to Rule 23’s Ascertainability Requirement

Supreme Court

SCOTUS Dismisses Case on the Scope of the Attorney-Client PrivilegeSCOTUS Set to Resolve Circuit Split over Stays Pending Arbitration AppealSupreme Court Grants Certiorari in Gonzalez v. Google, Marking First Time Court Will Review Section 230

Technology

A Closer Look: Federal Court Concludes that Certain NFTs May Be Securities: Preliminary Determination in Ongoing NBA Top Shot LitigationNew BIPA Claims Accrue “With Every Scan or Transmission” of Biometric Information, Says the Illinois Supreme Court  Dior’s Virtual Try-On Tool Fits in BIPA Healthcare Exemption, Illinois Court Says

Tenth Circuit

A 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

A Closer Look: Does Purchasing a Defective or Contaminated Product Always Cause an Article III Injury?District of New Jersey Continues Third Circuit Trend of Finding Mere Exposure to Toxic Substances in Consumer Products Insufficient for StandingThird Circuit Confirms Invalidly Assigned Arbitration Agreements May Still Be Enforceable

Uncategorized

New Class Action Litigation Targets Titanium Dioxide After EU BanSupreme Court Grants Certiorari in Gonzalez v. Google, Marking First Time Court Will Review Section 230