Many states have statutes establishing that, as a condition of registering to do business in a state, a foreign corporation consents to general personal jurisdiction in that state. Since the Supreme Court’s decision in Daimler AG v. Bauman, 571 U.S. 117 (2014) tightening the scope of the general personal jurisdiction doctrine, lower courts have
How to ‘Commence’ an FLSA Lawsuit: More Than Meets the Eye
On July 16, in Smith v. Professional Transportation Inc., the Seventh Circuit answered what might at first seem like an unnecessary question: how does a plaintiff “commence” an FLSA lawsuit? Under most circumstances, of course, a named plaintiff need only file a Complaint, and the lawsuit is off and running. But unlike Rule 23 class actions, the FLSA requires putative collective action members to affirmatively opt into a collective action by giving their consent in writing. Specifically, the statute says that “[n]o employee shall be a party plaintiff to any such [collective] action unless he gives his consent in writing to become such a party” and the consent is filed with the court. 29 U.S.C. § 216(b). In other words, each employee’s lawsuit is “commenced,” and the statute of limitations stops running for that individual, on the date he or she files a signed consent.
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Florida Enacts Mini-TCPA
On June 29, Gov. Ron DeSantis signed into law Senate Bill 1120, which amends the Florida Telemarketing Act and creates a state-law analog to the federal Telephone Consumer Protection Act.
Read on to learn about five key features of the new Florida statute, which went into effect July 1.
No-Injury Class Actions: U.S. Supreme Court Issues Final Ruling (Part II)
On June 25, 2021, the United States Supreme Court issued its opinion in TransUnion LLC v. Ramirez (“Ramirez”), holding that all plaintiffs, to include absent class members, must demonstrate that they have suffered a concrete harm in order to have Article III standing to sue for damages. Building off its decision in Spokeo v. Robins, LLC, the Court confirmed that even where Congress passes a law creating an individual cause of action, uninjured plaintiffs do not have standing to sue in federal court simply because that law is violated. Justice Kavanaugh, writing for a 5-4 majority, summarized the Court’s holding in five simple words: “No concrete harm, no standing.”
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A New Avenue for Defendants in Securities Fraud Class Actions: Supreme Court Holds “Generic” Nature of Statements Is “Important Evidence” of Price Impact at Class Certification
Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of price impact to rebut the Basic presumption of reliance and thus should be considered at class certification.
The decision provides defendants facing securities fraud class actions – particularly so-called “inflation maintenance” cases – with an important tool to defeat class certification.…
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TCPA Standing: A New Circuit Split and Other Developments
Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is enough to satisfy Article III, which deviates from a prior 11th Circuit decision holding that one text message…
Using Contracts to Avoid Problematic Jurisdictions and Unfavorable Law
For far too long, companies facing consumer and product liability litigation have relied solely on personal jurisdiction doctrine to try avoiding unfavorable forums applying unfavorable law. Personal jurisdiction doctrine, though useful, is ultimately a tool that produces inconsistent results.
Instead, companies facing consumer and product liability litigation should turn to another, well-developed body of law that may more consistently establish the procedural boundaries of any potential litigation: the law of contract. Courts have recognized that plaintiffs and defendants can pre-suit contract to terms governing any future tort litigation, including the place of suit, the law that applies, whether arbitration is necessary, and whether class actions are permitted.…
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Colleges Should Brace for Next Phase of COVID-19 Class Actions
Almost exactly a year ago, the first COVID-19 tuition reimbursement lawsuits were filed against higher education institutions across the United States and we warned of the continued onslaught of such litigation. With the filing of those reimbursement class actions decreasing, higher education institutions should be cognizant of a potential new wave of COVID-19 class actions: privacy class action lawsuits related to the COVID-19 vaccine.
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U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory
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.
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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.
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