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United States Supreme Court Class Action Articles

The latest class action developments and trends in the United States Supreme Court, including news, key cases, and strategies.

Cyan Makes SLUSA Removal Proponents Feel Blue: Supreme Court Holds That Securities Act of 1933 Class Actions Can Stay in State Court

March 22, 2018 by John Clabby

On March 20, the Supreme Court reached two holdings important to securities litigators. First, the Court held that the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) did not strip state courts of their ability to adjudicate class actions under the Securities Act of 1933 (“Securities Act”). Second, the Court held that SLUSA does not allow removal to federal court of class actions alleging claims only under the Securities Act. Petitioners were an issuer ... Keep Reading »

Supreme Court Declines Review of Standing in Data Breach Class Actions

February 20, 2018 by Carlton Fields

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a circuit split over whether allegations of fear of future identity theft in the wake of a data breach satisfy the standing requirements of Article III of the United States Constitution. In the absence of Supreme Court guidance on this issue, we ... Keep Reading »

Supreme Court Says No More Spokeo: Portents for Other Standing Cases?

January 25, 2018 by Carlton Fields

Earlier this week, the Supreme Court denied a petition for writ of certiorari in Spokeo II. As we previously reported, Spokeo II asked the Court to determine, in light of conflicting circuit court decisions, whether intangible harm to a statutorily-protected interest constitutes injury in fact even when a plaintiff cannot allege “real-world” harm or the imminent risk thereof. Does the denial indicate a reluctance to weigh in on thorny standing issues – or simply a ... Keep Reading »

Spokeo Seeks Supreme Court Round II

January 22, 2018 by Carlton Fields

The Spokeo standing saga, which began in 2010, continues with a second cert petition to the Supreme Court. The case began when plaintiff filed a putative class action, alleging that defendant Spokeo violated the Fair Credit Reporting Act (which provides for actual or statutory damages) because its “people search engine” published inaccurate data about him. The district court found plaintiff lacked standing because he had not suffered any actual damages; the Ninth Circuit ... Keep Reading »

Fall Data Breach Roundup and 2018 Preview: Supreme Court, OPM, Equifax and More!

November 21, 2017 by Carlton Fields

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 »

Supreme Court Asked to Resolve Circuit Split Over Applicability of American Pipe Tolling to Successive Class Actions

September 27, 2017 by Carlton Fields

We previously blogged on whether the Supreme Court’s ruling in American Pipe applies to toll the statute of limitations for successive putative class actions. In Resh v. China Agritech, Inc., the Ninth Circuit held that American Pipe tolled the limitations period for putative class actions by absent class members — thus theoretically permitting endless relitigation of certification denials. As we predicted, a defendant in Resh has filed a petition for writ of certiorari ... Keep Reading »

Third Circuit Follows ANZ Securities Decision and Reverses for Dismissal of Exchange Act Claims as Untimely

August 21, 2017 by Joseph H. Lang, Jr.

On June 28, 2017, Bruce Berman and Steve Blickensderfer posted in this space about the Supreme Court’s recent decision in California Public Employees Retirement System v. ANZ Securities, Inc., 137 S. Ct. 2042 (2017). In that case, the Supreme Court held that American Pipe tolling does not apply to the federal securities laws' statutes of repose. On Aug. 2, 2017, the Third Circuit decided an appeal in which the same issue was implicated.  Naturally, it followed the ANZ ... Keep Reading »

SCOTUS Holds American Pipe Tolling Does Not Apply to Securities Class Action Opt-Out Claims Filed Outside Repose Period: CalPERS v. ANZ Securities, Inc.

June 28, 2017 by Bruce Berman and Steven Blickensderfer

We have blogged about the evolution and application of the American Pipe tolling rule, as further expanded by Crown Cork, many times (here, here, here, and here), most recently following the Ninth Circuit’s Resh decision last month (here and here). Under American Pipe, individual claims of unnamed class members in a previously dismissed action may proceed as a subsequently filed class action after the limitations period would otherwise have expired. Today, we switch ... Keep Reading »

Game Over – SCOTUS Holds a Voluntary Dismissal With Prejudice Is Not a Viable Means to Appeal a Denial of Class Certification

June 14, 2017 by David L. Luck and D. Matthew Allen

A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox line of videogame consoles. Plaintiffs, who alleged their Xbox 360 consoles had a tendency to scratch game discs, attempted this reset by appealing the certification order after taking a voluntary dismissal of their putative class action with ... Keep Reading »

Attempting to Counter a CAFA Loophole

May 3, 2017 by Joseph H. Lang, Jr. and D. Matthew Allen

Home Depot filed a certiorari petition in the United States Supreme Court aimed at closing an emerging loophole in CAFA jurisprudence in various circuits. According to the petition, some circuits have “narrowly construed CAFA’s removal statute to forbid removal by a newly-added counterclaim defendant in an otherwise removable class action.” This litigation began as a collection dispute brought by the original plaintiff against certain customers, the original ... Keep Reading »

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