On December 16, 2020, the Supreme Court granted certiorari in TransUnion LLC v. Ramirez to review the Ninth Circuit’s decision in Ramirez v. TransUnion LLC. Specifically, the Supreme Court granted certiorari for the following question: Whether either 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 anything like what the class representative suffered. The Supreme Court’s certiorari ... Keep Reading »
Search Results for: standing
Authority Over Efficiency: District Court Lacks Authority To Rule On Arbitration Preemption Question In Remanded PAGA Action, Ninth Circuit Says
As a recent Ninth Circuit decision demonstrates, although substantial time, effort, and briefing may be spent litigating issues in a removed federal putative class action, parties should be prepared for a round two of their persuasion attempts in state court where the case is remanded to state court. In Echevarria v. Aerotek, Inc., a California district court remanded a representative action filed under California’s Private Attorneys General Act (PAGA) after finding ... Keep Reading »
Whither Objector Blackmail
The Seventh Circuit confronts “objector blackmail” and limits the extraction of “rents from the litigation process simply by showing up and objecting to consummation of the settlement.” On August 6, 2020, the Seventh Circuit Court of Appeals addressed the thorny “problem in class-action litigation known colloquially as ‘objector blackmail.’” The court confronted a situation in which three objectors filed an appeal after their objections were denied. But they dismissed ... Keep Reading »
The Conservative Case for Class Actions: A Provocative Proposal
Vanderbilt University law professor Brian Fitzpatrick has written a new book titled The Conservative Case for Class Actions (University of Chicago Press, 2019). An excerpt was published in the winter 2020 issue of Vanderbilt Law. I haven’t read the book yet, but since I am a class action lawyer, a conservative, and a Vandy grad, I found the excerpt intriguing and worthy of mention. Fitzpatrick proposes that class action lawsuits are good for conservative principles, ... Keep Reading »
Take Notice: FTC Reports on Claims Rates and Settlement Notices
In September 2019, the Federal Trade Commission issued a staff report titled "Consumers and Class Actions: A Retrospective and Analysis of Settlement Campaigns." The FTC staff studied 149 consumer class action settlements and conducted an internet-based consumer research study to explore consumer understanding of class action notices. Among the salient findings were: The overall claims rate of the cases in the sample was less than 10%. Specifically, the median ... Keep Reading »
High School Female Athletes Face Hurdles to Class Certification
The U.S. District Court for the District of Hawaii recently denied female student-athletes’ motion for class certification under Title IX even though it rejected the defendants’ attacks on mootness and standing as well as Rule 23(a)’s requirements for commonality, typicality, and adequacy. Instead, the court found that the proposed class failed to satisfy the numerosity requirement that joinder would be impracticable. The underlying case centered on Title IX ... Keep Reading »
Through the Looking Glass: Damages “Warts” Wreck Injunction Class
Mirror, mirror on the class, are damages what you really asked? The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs' ploy "to lop off all the damages-based warts and recast their claim as one for injunctive relief under Rule 23(b)(2)" after their attempt to certify a damages class was denied. The decision underscores the importance of looking beyond face value to determine whether the relief requested is truly ... Keep Reading »
Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of California certified a class of Facebook users residing in Illinois who alleged that the social media giant violated the Illinois Biometric Information Privacy Act (BIPA) by using facial-recognition technology "without obtaining a written release and ... Keep Reading »
Lights Out on Classwide Arbitration: The Supreme Court Rules in Lamps Plus That Ambiguity in Agreements Is Not Enough to Permit Classwide Arbitration
Recently, the Supreme Court extended its prior rulings looking skeptically at the idea of classwide arbitration, holding that even when an agreement is “ambiguous” about the availability of classwide arbitration, such arbitration is still barred. Nine years ago, in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 559 U.S. 662 (2010), the Court had ruled that classwide arbitration may not be compelled when an agreement is “silent” on the availability of such ... Keep Reading »
Illinois Supreme Court Finds No Actual Harm Needed to Sue Under State’s Biometric Privacy Statute
The Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA) requires that companies obtain written consent and disclose how they collect, retain, disclose and destroy biometric identifiers such as retina or iris scans, fingerprints, voiceprints, scans of hand or face geometry, or other biometric information from the public. BIPA provides “aggrieved” individuals a private right of action to sue, which if successful, could result in liability up to ... Keep Reading »
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