The Supreme Court of the United States recently vacated the U.S. Court of Appeals for the Ninth Circuit’s approval of a class action settlement against a prominent technology company claiming violations of the Stored Communications Act. In so doing, the Supreme Court concluded that significant…
Posts published in “Class Actions”
Clas Actions
The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a putative class action lawsuit that challenged the company’s arbitration clause. The Court rejected the named plaintiff’s primary argument that the arbitration clause’s arbitration-fee-splitting arrangement was unconscionable and unenforceable, because the trial…
The U.S. District Court for the Southern District of Florida recently denied a consumer’s motion for class certification in a putative class action against a debt collector. In so ruling, the Court concluded that the plaintiff consumer’s proposed class — which included members who did…
The U.S. Court of Appeals for the Seventh Circuit held that merely requiring extrinsic evidence to interpret a provision of a form contract does not render class certification improper, and that absent a more thorough explanation of its reasoning from the trial court, it could…
The U.S. Court of Appeals for the Eighth Circuit recently vacated a trial court’s order approving a class action settlement agreement because the trial court did not first determine whether the FCRA class representative had standing. In so ruling, the Eighth Circuit held that a…
In a 2-1 decision, the U.S. Court of Appeals for the Ninth Circuit held that a putative class action against state entities and a private contractor for allegedly collecting and sharing personal data without authorization was essentially a local controversy and was therefore correctly remanded…
The U.S. Court of Appeals for the Eighth Circuit recently affirmed a trial court’s order certifying a class of Arkansas homeowners against an insurer that improperly withheld amounts for labor depreciation when paying covered property damage claims under their insurance policies. A copy of the…
7th Cir. Upholds Denial of Class Certification in TCPA Cases Due to Individualized Issues of Consent
7th Cir. Upholds Denial of Class Certification in TCPA Cases Due to Individualized Issues of Consent
On a consolidated appeal for purposes of disposition, the U.S. Court of Appeals for the Seventh Circuit recently affirmed the trial courts’ rulings denying class certification to lead plaintiffs who received faxed advertisements that allegedly did not comply with the Telephone Consumer Protection Act and…
The District Court of Appeal for the Third District of Florida recently reversed a trial court’s order denying a defendant’s motion to compel arbitration, holding that monthly text messages with a hyperlink to the defendant’s terms of service provided the consumer with sufficient notice that…
The U.S. Court of Appeals for the Third Circuit recently held that the tolling doctrine set forth in American Pipe & Constr. Co. v. Utah does not apply where the named plaintiff in a failed class action commences a subsequent lawsuit outside the statute of…
The U.S. Court of Appeals for the Seventh Circuit recently joined the Fourth, Sixth, Eighth, Ninth, and Eleventh Circuits, in ruling that class or collective arbitrability is a gateway question that is presumptively for the court to decide, rather than the arbitrator. In so ruling,…
The U.S. District Court for the Southern District of California recently dismissed a consumer’s putative class action lawsuit against a mortgage lending and servicing company for purported damages sustained as a result of a security breach wherein his personal information was compromised, and the hackers…