Class Dismissed

April 08, 2021 - Class Certification, Trials, Class Action
Second Circuit Affirms Class Decertification Based on Inadequate Representation
By: Jessica Kaufman and Adam J. Hunt
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al [1] is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation.
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April 08, 2021 - Appellate & Supreme Court, Class Action, FCRA
Relief for the Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members are Uninjured (Ramirez v. TransUnion)
By: Penelope A. Preovolos, Claudia M. Vetesi and Lena Gankin
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g. , Tyson Foods, Inc. v. Bouaphakeo et.al. , 136 S. Ct. 1036,
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April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer
By: Tiffany Cheung, Julie O'Neill and Michael Burshteyn
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an
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March 26, 2021 - Product Liability, Trials, Class Action, Mass Torts
Close Enough: Horseshoes, Hand Grenades, and Specific Personal Jurisdiction
By: Grant J. Esposito and Brian R. Matsui
How close a connection does there need to be between a lawsuit and the defendant’s in-state activities for specific personal jurisdiction to apply? The Supreme Court issued a decision on that issue today in Ford Motor Co. v. Montana Eighth Judicial District Court and
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January 19, 2021 - Privacy, TCPA, Class Action
Privacy Litigation 2020 Year in Review: TCPA Litigation
By: David J. Fioccola
In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the
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January 13, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung, Michael Burshteyn and Camille Framroze
Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products
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January 07, 2021 - Coronavirus (COVID-19), Autonomous Vehicles & Robotics, Public Readiness and Emergency Preparedness Act (PREP Act), Product Liability, MDL, Consumer Products, Class Action, Emergency Use Authorization (EUA), CPSC
How 2020 Changed Product Liability — And What's Next
By: Erin M. Bosman, Julie Y. Park and Alexandra Preece Barlow
Erin Bosman, Julie Park, and Alexandra Preece authored an article for Law360 discussing how product liability regulation and litigation changed in 2020 due to the impact of the COVID-19 pandemic, as well as upcoming trends. “In a year dominated by the pandemic and political
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January 06, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: CCPA Litigation
By: Mark David McPherson, Purvi G. Patel and Michael Burshteyn
In part two of our Privacy Litigation Year in Review series, we discuss how plaintiffs are challenging the limits of the California Consumer Privacy Act’s (CCPA) private right of action. In every respect, plaintiffs are trying to expand the private right of action. Given
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January 05, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: Data Breach Litigation
By: Nancy R. Thomas and Zachary Maldonado
2020: the year that will be remembered for privacy litigation. Well, OK, maybe not. But there were many developments in privacy litigation. In this four-part series, we will cover the key litigation developments arising out of data breaches, the California Consumer Privacy Act, the Illinois Biometric Information
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December 04, 2020 - Privacy, Consumer Products, Class Action
5 Tips For In-House Counsel Anticipating Cyber Class Actions
By: Nancy R. Thomas
David McDowell and Nancy Thomas authored an article for Law360 where they share five things in-house counsel can do when facing data breach class actions. First on the list is creating a strong foundation. “Depending on the nature and scope of the breach, companies
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