As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in. Earlier this year, as previously reported, the D.C. Circuit decided Attias v. CareFirst, No. 16-7108 (Aug. 1, 2017), a putative class action filed after the health insurance company suffered a data breach that affected more than one million records. After the D.C. ... Keep Reading »
Archives for November 2017
Sixth Circuit Litigants Beware: Exiting the American Pipe Highway Can Forfeit Your Toll
Classified contributors have blogged numerous times (including several times this year) on opinions that tested the boundaries of American Pipe tolling, including those that addressed whether the doctrine applies to claims barred by an applicable statute of repose, successive putative class actions, and cross-jurisdictional litigation. Sometimes, however, litigants forget the well-established rules of American Pipe tolling in their circuit. In a pair of related ... Keep Reading »
401K Not OK: ERISA Class Certified Under Rule 23(b)(1)(B)
A New York district court granted certification in an ERISA class action brought by employees of Deutsche Bank alleging the individual fiduciaries of the company’s retirement plan engaged in self-dealing and mismanagement of its 401K plan. The court certified the class under Rule 23(b)(1)(B), which authorizes class actions when prosecuting separate actions would create a risk of decisions that would be dispositive of the interest of other members not parties to the ... Keep Reading »
Which Comes First Standing or Class Certification? Northern District of Illinois Weighs In
The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each claim before the motion for class certification. In the case, plaintiff Michael Muir filed a putative class action against herbal supplement manufacturer Nature’s Bounty for claims related to an alleged misrepresentation regarding an ingredient’s prevalence in the supplement. ... Keep Reading »
Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration
After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence, breach of contract, invasion of privacy, and other claims. The employer moved to compel bilateral arbitration pursuant to the arbitration agreement plaintiff signed in connection with his employment. The district court found that the arbitration agreement ... Keep Reading »
No Treat for CFPB: Trump, Congress Override Rule on Class Action Waivers
On November 1, President Trump signed legislation disapproving a CFPB rule designed to prohibit class action waivers in certain consumer financial services contracts. In so doing, Trump rejected a last minute personal appeal from Obama-appointed CFPB head Richard Cordray to save the rule. The legislation had been awaiting the President’s signature since October 24, when Vice President Mike Pence cast the tie-breaking vote on a Senate-approved resolution under the ... Keep Reading »