A New Jersey federal district court recently dismissed the putative class action claims of four plaintiffs against a health care defendant following the theft of two password-protected laptops allegedly containing personal information of more than 839,000 individuals. Three of the plaintiffs did not allege that they suffered identity theft, and thus failed to allege an injury in fact as required for standing under Article III of the United States Constitution. The fourth ... Keep Reading »
Class Action Standing Articles
The latest class action standing developments and trends, including news, key cases, and strategies.
Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing
Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court's precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts in dismissing putative data breach class actions for lack of standing where the named plaintiffs fail to allege identity theft. Although standing is a requirement in any case, it is particularly relevant in the data breach context, where actual ... Keep Reading »
No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action
Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates standing to bring federal claims. The plaintiff, Beverly Peters, a former St. Joseph patient, brought a class action lawsuit against the medical provider after receiving notification that her personal information and protected health information had ... Keep Reading »
Northern District of California Adopts Flexible Approach To Analyzing Pre-Certification Standing Issues
The United States District Court for the Northern District of California partially granted and partially denied a motion to dismiss based on the standing of 18 named plaintiffs from 13 different states seeking class certification under the consumer protection and privacy laws of 48 states arising from plaintiffs’ purchases of numerous cell phone models. Plaintiffs sued the software developer of a cell phone network diagnostic tool and numerous mobile device ... Keep Reading »
Florida District Court Rejects Motion To Strike But Allows Pre-Certification Standing Challenge In Snack Food Labeling Case
Before class certification hearings occur in the Southern District of Florida, defendants may not challenge plaintiff's class allegations via Rule 12(f) motions to strike but may challenge plaintiff's standing via motions to dismiss. In Bohlke v. Shearer's Foods, LLC, plaintiff sought to represent a Florida class and alternative nationwide class of purchasers of five flavors of defendant's rice chips. Plaintiff alleged that defendant's "all natural" labels were false ... Keep Reading »
California District Court Denies Certification Where Putative Class Members Lack Standing and Plaintiff Fails to Conduct Extensive Choice of Law Analysis Necessary to Support Nationwide Class
The United States District Court for the Eastern District of California recently denied class certification in a case alleging wrongdoing by a loan servicer in connection with the Home Affordable Modification Program (“HAMP”). Plaintiff brought the putative class action after defendant foreclosed on his home, seeking to represent a nationwide class of homeowners who had received permanent modification agreements (“PMAs”) for loan modifications that defendant failed to ... Keep Reading »
DC Circuit Holds Named Plaintiff Who Settles Individual Claims Retains Standing To Appeal Denial Of Class Certification
In Stephens, two former pilots brought a putative class action lawsuit against their employer airline and their retirement plan, alleging that a delay in paying retirement benefits and failure to pay interest during the delay violated the Employee Retirement Income Security Act (“ERISA”). Defendants maintained that the delay was necessary to calculate the amount of benefits where a beneficiary elected to receive a lump sum rather than a monthly annuity. After the ... Keep Reading »
No Nationwide Standing for Florida-Based Spray Polyurethane Foam Insulation Litigation Class Representative
On December 9, 2013, the Southern District of Florida in Renzi v. Demilec (USA) LLC, et al., No. 9:12-cv-80516-KAM, granted Spray Polyurethane Foam “(SPF”) insulation manufacturer Demilec’s motion for partial summary judgment on class representative Renzi's claim for "violation of consumer protection acts." See Renzi (Dkt. 113). Renzi sought relief on behalf of a nationwide class under not only the consumer protection act of Florida, her state of residence, but also ... Keep Reading »
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