Earlier this year, we posted a three-part series on the Coronavirus and Class Action litigation (Part One, Part Two, and Part Three of our Coronavirus and Class Action litigation series).  More recently, and almost a month ago, we posted an article on class action waivers and arbitration.  As luck would have it, the United States District Court for the Central District of California has afforded us an opportunity to address both issues in a single, connected article.

On October 20, 2020, Judge Klausner issued his order in Archer, et al. v. Carnival Corporation.  No. 2:20-cv-04203, Continue Reading

On October 13. 2020, White Castle System, Inc. petitioned the United States Court of Appeals for the Seventh Circuit for permission to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292(b).  This petition arises out of the United States District Court for the Northern District of Illinois’ opinion on White Castle’s motion for judgment on the pleadings issued on August 7, 2020.  The matter hinged on whether repeated collection of the same biometric information from an employee without prior consent constituted separate violations of the Illinois Biometric Information Privacy Act (BIPA).

Summary of District Court’s Cothron v. White Castle Continue Reading

In response to governmental recommendations, stay-at-home orders, and shelter-in-place orders, colleges and universities transitioned to distance learning to keep their students, staff, visitors, and communities safe and healthy.  Nonetheless, the plaintiffs’ bar has viewed this as an opportunity to pounce and even advertise to sue colleges and universities nationwide.  Indeed, plaintiffs’ attorneys have filed over 60 class action lawsuits against higher education institutions and many, many more are likely to come.

A review of many of these class actions provides a roadmap to the strategy and what is likely to be asserted against your institution if it has not already … Continue Reading

As pandemic response task forces at the federal and state levels ramp up price gouging investigations and enforcement actions across the country, civil plaintiffs attorneys have jumped to the forefront by utilizing private causes of action to file price gouging-based class action lawsuits against dozens of major retailers and food supply companies.   Senate Majority Leader Mitch McConnell’s prediction that the COVID-19 crisis will be the “biggest trial lawyer bonanza in history” appears to be taking shape, as the number of putative class action lawsuits targeting price spikes in products that span the consumer spectrum—including N95 masks, toilet paper, hand sanitizer, … Continue Reading

For those who haven’t previously been following, this is our third installment on COVID-19 class actions.  The first installment was prospective and authored prior to any filed class actions.   The second installment examined the first certified class and putative class actions filed in the mass tort and consumer spaces.   In this installment, we discuss and analyze recent coronavirus-related putative class actions in the areas of banking, privacy, higher education, and securities.

Banking Class Actions:

On March 27, 2020, Congress passed and the President signed, the Coronavirus Aid Relief and Economic Security Act (“CARES Act”). In the weeks following the … Continue Reading

It has been a few weeks since we first posted about class actions and COVID-19. In that initial article, we analyzed the first coronavirus related lawsuit but were forced to prognosticate as to what an actual COVID-19 class action would look like as none had yet been filed, and how putative classes would attempt to clear the various hurdles of Rule 23 certification. We no longer have to speculate.  Now, several weeks into this pandemic, numerous COVID-19 related class actions have been filed throughout the country in various different spaces—consumer, mass tort, securities, labor & employment, and banking and … Continue Reading

As we were drafting this blog post, each of us was sitting in our home offices self-quarantined from the outside world doing our part to flatten-the-curve and keep COVID-19 germs at bay. The news about the coronavirus is changing by the second and along with it closings and edicts the likes of which most of us have not seen in our lifetime. Focusing on the future of class actions stemming from this global pandemic doesn’t seem very neighborly in the moment, but our society is generally a litigious one and so it is at least worth a quick look.

The … Continue Reading