On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the Telephone Consumer Protection Act (TCPA). In a decision authored by Justice Sonia Sotomayor, the court adopted the narrow, pro-defendant definition of autodialer.… Continue Reading
Will No-Injury Class Actions Have Any Leg to Stand on? U.S. Supreme Court Hears Argument in TransUnion v. Ramirez
On March 30, 2021, the United States Supreme Court heard oral argument in Transunion LLC v. Ramirez, No. 20-297, a case that could have far-reaching implications on absent class member standing, particularly where the injuries of these absent class members would be impossible or difficult to establish. The Court agreed to address whether Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury like what the class representative suffered.… Continue Reading
Sixth Circuit Holds Class Certification Evidence Does Not Have to be Admissible
The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support class certification.
In Lyngaas, a plaintiff brought a class action against Curaden AG, a Swiss entity, and its U.S. subsidiary, Curaden USA, for allegedly violating the TCPA. The basis for the plaintiff’s allegations were two unsolicited fax advertisements sent on behalf of Curaden USA to the plaintiff and 46,000 other individuals across the country. These advertisements did not mention Curaden AG.
Curaden AG argued the … Continue Reading
McGuireWoods Edits ABA Guide on Infectious Disease Litigation
McGuireWoods partners Davis Walsh and Samuel Tarry are editors of a timely new book providing practical guidance for handling infectious disease litigation, from COVID-19 pandemic disputes to localized outbreaks that require specialized knowledge. “Infectious Disease Litigation: Science, Law & Procedure” is published by the American Bar Association and becomes available Feb. 12.
“Public health concerns have permanently changed some of the ways we hold each other accountable, and professional litigators, business leaders, and litigants need a new reference map — one that better acknowledges the intersection of law and science,” Walsh and Tarry wrote in the book’s introduction.… Continue Reading
Class Actions, COVID-19, and Class-Action Waivers: The Triple Whammy
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
Does Continued Collection of The Same Biometric Information Increase BIPA Violations? The Seventh Circuit (or Illinois Supreme Court) Has An Opportunity to Clear the Air
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
Campus Conundrum: Defeating COVID-19 Class Actions in Higher Education
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
The Tip of the Iceberg Emerges: Initial Wave of Class Actions Reflect How Private Causes of Action Will Add Significantly to Price Gouging Litigation
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
Coronavirus Class Actions—Part Three—Analyzing the Latest COVID-19 Class Actions in Banking, Privacy, Higher Education and Securities Law
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
Coronavirus Class Actions—Part Two—A few weeks later
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