Class Dismissed

July 13, 2018 - Consumer Products, Class Action
Collective Actions in Europe: Another Small Step in Germany
By: Jakob Schellmann
German consumers will be able to sue manufacturers and service providers by way of representative action starting on 1 November 2018 – just in time to suspend the statute of limitations of consumer claims based on the exhaust emissions scandal. This new law won’t
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May 22, 2018 - TCPA, Class Action
After ACA International, FCC Seeks Comment on Autodialer Definition
Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA International, et al. v. FCC , 885 F.3d 687 (D.C.
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March 20, 2018 - TCPA, Class Action
An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope
By: Tiffany Cheung and Julie O'Neill
Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission , No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the scope of activity that may be subject to the Telephone
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January 17, 2018 - TCPA, Class Action
TCPA Vicarious Liability Limited by Ninth Circuit in Texting Class Action
By: Tiffany Cheung
In the high-risk Telephone Consumer Protection Act (TCPA) arena, the Ninth Circuit recently offered some respite. On January 10, 2018, the Ninth Circuit limited the potential liability that companies may unknowingly face for the communication practices of their upstream vendors. In Kristensen v. Credit
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January 09, 2018 - Class Certification, Class Action
California Class Actions: 2018 Update
In our California Class Actions 2018 Update, we have outlined several key cases and trends that define the current class actions landscape. From “litigation tourism” to new definitions for unfair and fraudulent, we provide a rundown on the most-watched and influential recent cases. Please
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December 26, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action, Retail
California Appellate Court Upholds Denial of Class Certification on Ascertainability Grounds
On December 4, 2017, a panel of the California Court of Appeal unanimously affirmed a trial court’s denial of class certification for alleged violations of California’s unfair competition, consumer protection, and false advertising laws. In so doing, the court upheld the lower court’s conclusions
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September 06, 2017 - Privacy, Class Action
Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration
On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick , No. 16-2750 (2d Cir. Aug. 17, 2017), the
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July 18, 2017 - Class Action
A Twist on Campbell-Ewald: Seventh Circuit Rejects Effort to Moot Class Action Claims Under F.R.C.P. 67
In Campbell-Ewald Co. v. Gomez , 136 S. Ct. 663 (2016), the United States Supreme Court held that a defendant’s unaccepted offer of complete relief under Federal Rule of Civil Procedure 68 did not moot a class plaintiff’s claim or require dismissal of the
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June 23, 2017 - Appellate & Supreme Court, Drug & Medical Device, Product Liability, Consumer Products, Class Action
Supreme Court Says “No” to “Litigation Tourism”
There has been a lot said already about the effect on product liability (especially drug) cases and “mass actions” as a result of the United States Supreme Court’s June 17, 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California , No. 16-466.
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June 13, 2017 - Appellate & Supreme Court, Product Liability, Consumer Products, Class Action
Supreme Court Slams the Back Door Around Rule 23(f) in Microsoft v. Baker
By: Claudia M. Vetesi
Introduction. Yesterday, on June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al. , a closely watched case in the class action world, and one on which we previously reported here. Baker presented the following question: Can a
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