This Week at the Ninth: Appellate Standing
By: Alexandra Avvocato
This week, the Ninth Circuit considers when an unnamed plaintiff in a putative class action has standing to appeal. Read the full post on our Left Coast Appeals blog.
... ›Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability
By: Katie L. Viggiani and Diana Cummiskey
In a recent 5-4 decision reversing the Ninth Circuit and settling a circuit split, the Supreme Court of the United States in Coinbase v. Bielski held that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is... ›No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions
A key contested issue in data breach class actions is whether plaintiffs can satisfy Article III’s injury-in-fact requirement by alleging risk of future harm rather than actual misuse of plaintiffs’ personal information. As the number of data breach class actions filed continues to rise,... ›How Do Rule 23(F) Petitions Fare In The Ninth Circuit?
By: Joseph R. Palmore
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by Professor Bryan Lammon. Background Federal Rule of Civil Procedure 23(f)... ›Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to... ›Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis
By: Adam J. Hunt and Caroline F. Pohl
Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party. In Morgan v. Sundance , the Court unanimously held that a party opposing arbitration... ›The Praxis of Faxes: Circuits Split on the Meaning of “Advertisement” Under the TCPA
By: Alexandra Preece Barlow
A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA). In a February decision, the Second Circuit held that under the plain text of the TCPA,... ›TCPA Litigation Review and Update
By: Adam J. Hunt
David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA). "Last year marked another year of important developments in the Telephone Consumer Protection Act (“TCPA”) landscape as... ›High Court Orders Rethink Of $9.7M Award After TransUnion
By: Adam J. Hunt
The Supreme Court on Monday signaled to the lower courts that they need to seriously consider the impact of TransUnion LLC v. Ramirez , 594 U.S. ___ (2021) when addressing claims for statutory violations that do not result in any injury to the plaintiffs.... ›Privacy Litigation 2021 Year in Review: TCPA Litigation
By: Adam J. Hunt
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the... ›
