It is our distinct pleasure to call attention to this piece in BNA’s Class Action Report, authored by McGuireWoods associate Arsen Kourinian. It’s well worth the few minutes it will take you to read.… Continue Reading
Despite my best intentions, I have not been posting here as often as I would like in the past few months. But that does not mean that I have not been reading. So, in lieu of a long-winded analysis of some new tactic, trend, or article, please accept the following capsule reviews of three of the more interesting and practical class action articles from the last few months:
Those who tuned in to McGuireWoods’ data breach class action webinar last month know that attacking the plaintiff’s standing can be an effective defense strategy in these cases. Here’s our analysis of the most recent appellate decision on that issue.
Last Tuesday, the Second Circuit Court of Appeals affirmed the district court’s dismissal of a putative class action filed against a merchant in connection with a data breach of customer information, holding that the cardholder failed to allege sufficient injury to establish standing.
The decision adds yet another data point for practitioners feeling out the boundaries for when the exposure … Continue Reading
Last week, David S. Reidy provided his analysis of the California Supreme Court’s recent decision invalidating an arbitration and class waiver provision in a credit card customer agreement. We jumped at the chance to republish his McGuireWoods Legal Alert here.
On April 6, the California Supreme Court issued the latest in an ongoing series of cases resisting preemption of California state law under the Federal Arbitration Act (FAA) and again testing the limits of the U.S. Supreme Court’s jurisprudence under the FAA.
The decision purports to limit the enforceability in California of arbitration clauses that address injunctive relief, and will … Continue Reading
McGuireWoods’ class action and data privacy and security teams will be presenting a webinar on the tactical defense of data privacy and breach class actions on April 5, 2017 at 1:00 p.m. EST. Panelists Laura A. Lange, Jarrod D. Shaw, A. Brooks Gresham, and Andrew J. Trask will discuss merits issues, certification issues, and settlements in these increasing frequent cases. You can register here.… Continue Reading
Our colleague John F. O’Brien III brings us this helpful breakdown of the proposed Fairness in Class Action Litigation Act of 2017.
On March 9, 2017, the Fairness in Class Action Litigation Act of 2017 passed the House, 220-201, split almost entirely along party lines. No Democrats voted for the bill and only 14 Republicans voted against it. The proposal faces a number of obstacles, but if it passes, it will be the most sweeping revision of federal class action law to date.
Chairman of the House Judiciary Committee, Bob Goodlatte (R-Va.), who introduced the bill, was a principal author … Continue Reading
Earlier this month, I wrote about the class-action provisions of the new Fairness in Class Action Litigation Act, which has passed out of the Judiciary Committee and is headed for a floor vote in the House. At the end of that post, I promised a further explanation of the mass action provisions as well. These provisions are aimed primarily at multi-district litigation (MDL), which is rapidly becoming a substitute for class proceedings when dealing with numerous personal-injury claims.
Section 4 – would amend the federal jurisdiction statute, allowing the court to sever claims made by an in-state plaintiff if … Continue Reading
Today, we at Class Action Countermeasures are proud to post an analysis of the recent Target litigation appellate opinion by members of our class action and data privacy groups: Laura A. Lange, Shawna J. English, and Bethany Lukitsch.
The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s decision in Spokeo v. Robins. The Eighth Circuit remanded the case to the district court, finding that the lower court … Continue Reading
As recently reported by our colleague Brennan Bolt in one of our sister blogs, Labor Relations Today, the Supreme Court has answered a question I posed a few months ago by granting cert in not one, not two, but three cases involving the enforceability of class/collective action waivers in employment agreements. These decisions pit the National Labor Relations Board’s position that class/collective action waivers are inconsistent with the rights granted by the National Labor Relations Act, and therefore unenforceable, against the Federal Arbitration Act’s strong and long-standing policy favoring arbitration. We’ll be watching these cases closely as … Continue Reading