In the span of two days, two United States Court of Appeals held that a nationwide class action could proceed against a defendant as long as the named plaintiff could satisfy specific personal jurisdiction.  See Molock v. Whole Foods Market Grp., Inc., ___ F.3d ___, 2020 WL 1146733 (D.C. Cir. March 10, 2020); Mussat v. IQVIA, Inc., ____ F.3d. ____, 2020 WL 1161166 (7th Cir. March 11, 2020).

In Molock, “the defendant moved to dismiss all nonresident putative class members for lack of personal jurisdiction.”  The district court denied the motion on the merits.  On interlocutory appeal, a … Continue Reading

With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last year.  Consider these appetizers for the main course on December 19.  So, with no further ado, here’s a taste of four ways in which class action lawyers have dealt with the Supreme Court’s ruling in Spokeo v. Robins in 2017.

Emerging Circuit split over data breaches? Appellate courts are split in interpreting Spokeo, particularly with regard to data … 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

I haven’t commented much about the Supreme Court’s class action docket so far, largely because this year I was more focused on–in my own small way–trying to influence what it would be.  But now that my particular efforts are done, I thought I would focus on each of the cases before the Court this Term.  I don’t feel comfortable talking much about Standard Fire Ins. Co. v. Knowles, which addresses plaintiffs’ use of stipulations that limit class recovery to less than CAFA’s $5 million amount-in-controversy threshold, since I was on a team that assisted Ted Frank of the CCAF Continue Reading