Class Dismissed

November 13, 2024 - Product Liability, Appellate & Supreme Court, Internet of Things
The Future of Section 230: Protection Against Product Liability Claims?
By: Erin M. Bosman, Julie Y. Park, Ashley E. Quinn and Rachel A. Kaiser
Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if it can also protect online platforms from product liability claims.
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June 20, 2024 - Appellate & Supreme Court, Arbitration, Class Action
Beware of Conflicting Terms: When Customers Entered into Multiple Contracts, SCOTUS Says Courts Must Decide Which One Governs Arbitrability
By: Adam J. Hunt and Jenny Morris
On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski , No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to enforceability. In Justice Jackson’s unanimous opinion, the Court found that
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January 03, 2024 - Class Action, Appellate & Supreme Court, Consumer Products
5 Most Notable Class Action Standing Cases Of 2023
By: Erin M. Bosman, Penelope A. Preovolos and Brittany Scheinok
Erin Bosman, Penelope Preovolos and Brittany Scheinok published an article in Law360 highlighting key class action decisions from 2023 that continued the trend of a more demanding approach to the threshold issue of standing following the U.S. Supreme Court's 2021 decision in TransUnion LLC
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August 01, 2023 - Appellate & Supreme Court, Class Action
Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability
By: Katie L. Viggiani
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
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April 05, 2023 - Class Action, Privacy, Appellate & Supreme Court
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,
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June 30, 2022 - Appellate & Supreme Court, Class Certification, Class Action
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)
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June 22, 2022 - Appellate & Supreme Court, Arbitration
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
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
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May 24, 2022 - Appellate & Supreme Court, Arbitration
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
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April 25, 2022 - Appellate & Supreme Court, TCPA
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,
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April 22, 2022 - Appellate & Supreme Court, 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
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Topic Archives: Appellate & Supreme Court

The Future of Section 230: Protection Against Product Liability Claims?

By: Erin M. Bosman, Julie Y. Park, Ashley E. Quinn and Rachel A. Kaiser

Beware of Conflicting Terms: When Customers Entered into Multiple Contracts, SCOTUS Says Courts Must Decide Which One Governs Arbitrability

By: Adam J. Hunt and Jenny Morris

5 Most Notable Class Action Standing Cases Of 2023

By: Erin M. Bosman, Penelope A. Preovolos and Brittany Scheinok

Coinbase v. Bielski – SCOTUS Authorizes Automatic Stays Pending Decision of Arbitrability

By: Katie L. Viggiani

No Injury, No Data Breach Claims? Recent Trends in Evaluating Standing in Data Breach Class Actions

How Do Rule 23(F) Petitions Fare In The Ninth Circuit?

By: Joseph R. Palmore

Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration

Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis

By: Adam J. Hunt and Caroline F. Pohl

The Praxis of Faxes: Circuits Split on the Meaning of “Advertisement” Under the TCPA

By: Alexandra Preece Barlow

TCPA Litigation Review and Update

By: Adam J. Hunt