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 U.S. Supreme Court Adopts Narrow Autodialer Definition in 9-0 Defense Victory
Supreme Court
Will No-Injury Class Actions Have Any Leg to Stand on? U.S. Supreme Court Hears Argument in TransUnion v. Ramirez
By Bryan A. Fratkin & McGuireWoods LLP on
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 Will No-Injury Class Actions Have Any Leg to Stand on? U.S. Supreme Court Hears Argument in TransUnion v. Ramirez
U.S. Supreme Court Rejects Third-Party Removal Under Class Action Fairness Act
By Trent Taylor, Drew Gann & McGuireWoods LLP on
On Tuesday May 28, 2019, the United State Supreme Court declined to afford state court third-party, class action defendants the ability to remove a class action to federal court. See Home Depot U.S.A., Inc. v. Jackson, 17-1471 (May 28, 2019).
In Jackson, Citibank, N.A., filed a debt-collection action against George Jackson in North…
The Most Important Class Action Decisions of 2018 and a Quick Look at What’s to Come
By R. Locke Beatty on
Posted in Settlement, Strategy
As the new year begins, this is a good time to recap two of the major Supreme Court decisions from the past year impacting class action law, and to look ahead to a couple big decisions on the horizon.
Looking Back
Arbitration and Class Actions
First, in Epic Systems Corporation v. Lewis, the Court…
Supreme Court Upholds Employee Class-/Collective-Action Waivers under Federal Arbitration Act
By The Editors on
Posted in Class Action
We’ve been monitoring the appellate battles over the enforceability of class- and collective-action waivers in the employment context since September 2016, when we pondered whether circuit splits would land the issue in the Supreme Court. Since then, our colleagues in the Labor and Employment practice at McGuireWoods have supplied interim reports on the Supreme…
“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts
By The Editors on
Posted in Class Action
Los Angeles labor and employment litigators Michael Mandel and Amy Beverlin bring us perspective on three class-action waiver cases currently awaiting decision by the Supreme Court, as well as a potential path forward for class-action waivers in employment contracts.
Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme…
Supreme Court: Plaintiff Alleging Statutory Procedural Right Violation Must Show Concrete Injury
By R. Locke Beatty on
Posted in Class Action
On May 16, 2016, the U.S. Supreme Court held in Spokeo, Inc. v. Robins that a bare procedural violation of a statutory requirement, divorced from any concrete harm, does not establish the injury-in-fact necessary to maintain a lawsuit in federal court. The Court acknowledged, however, that an alleged violation of a procedural statutory right could…
Defying Expectations, Supreme Court’s Tyson Decision Avoids “Broad and Categorical Rules” on Use of Statistical Evidence in Class Actions
By The Editors on
Posted in Class Action
Expectations were high in the class action world for the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo. At first blush, however, Tyson seems to be neither the test case nor the blockbuster decision that many expected it to be, leaving important questions about predominance of class issues and individual proof of…
Campbell-Ewald Co. v. Gomez – Court Leaves Mootness Question Open
By The Editors on
Posted in Motions Practice
As you probably know, on Wednesday, the Supreme Court finally issued its long-awaited opinion in Campbell-Ewald Co. v. Gomez. Tammy Adkins & Helen Arnold of McGuireWoods’s Chicago office wrote up an excellent summary, which I’m quoting below:
On January 20th, 2016, in Campbell-Ewald Co. v. Gomez, a case closely watched by both sides
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Gomez is not the slam-dunk you think it is
By The Editors on
Posted in Certification
It’s rapidly becoming conventional wisdom that Campbell-Ewald Co. v. Gomez (argued yesterday) is going to be a win for the plaintiffs. Respected academics like Robert Klonoff have stated it, and respected reporters like Perry Cooper have quoted respected plaintiffs’ counsel like Deepak Gupta to the same effect. But, dig a little deeper into
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