Published works by Michael R. Pennington

Published works

• Circuit Split on Incentive Payments to Class Representatives Deepens

  Declassified · October 7, 2022

  LEX-WK-CZT5BGD3
• The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing

  Declassified · November 5, 2020

  LEX-WK-E0EKW28Z
• Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

  Declassified · August 8, 2019

  LEX-WK-A3V39PZN
• “Any” Doesn’t Mean “All”: In Home Depot, SCOTUS Says “Any Defendant” Doesn’t Include Third-party Defendants Facing Class Claims

  Declassified · June 3, 2019

  LEX-WK-EXTEG5RM
• “Two Wrongs Don’t Make a Right, But a Few More Can Make a Unicorn”

  Declassified · May 9, 2019

  LEX-WK-EXV0TFJA
• The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

  Declassified · April 29, 2019

  LEX-WK-0V5SAZ7V
• Lamps Plus v. Varela: It’s Lights Out for Class Arbitration under Ambiguous Arb Agreements

  Declassified · April 26, 2019

  LEX-WK-HBPSKVJS
• Say What? Ninth Circuit Says Affirmative Defenses Can’t Stop Class Certification Unless Defendant Proves the Merits of the Defense as to Every Single Class Member

  Declassified · April 1, 2019

  LEX-WK-2A2BW5K0
• Another Punt: The Supreme Court Denies Certiorari in the <i>Zappos</i> Case

  Declassified · March 27, 2019

  LEX-WK-ZE4AZFPS
• <i>Frank v. Gaos</i>: Remand, but Little Guidance.

  Declassified · March 20, 2019

  LEX-WK-KSEEDVHB
• TIME STOPS FOR NO ONE: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases

  Declassified · February 28, 2019

  LEX-WK-R2AXE0QR
• Standing in Data Breach Cases Likely Heading Back to the Supreme Court

  Declassified · December 12, 2018

  LEX-WK-P10SJ0Q7
• First Circuit Restricts Class Certification of Classes Containing Uninjured Persons

  Declassified · November 9, 2018

  LEX-WK-PZ015KKT
• Supreme Court to Review Whether Third-Party Defendants May Remove Class Action Counterclaims under CAFA

  Declassified · October 2, 2018

  LEX-WK-40XJ7QVV
• Be Careful What You Ask For: Eleventh Circuit Holds That Arbitrator – Not Court – Decides Whether Arbitration Agreement Designating AAA Rules Allows for Class Arbitration

  Declassified · August 27, 2018

  LEX-WK-S8QCHA45
• Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

  Declassified · August 23, 2018

  LEX-WK-BM260PFR
• The Impact of Disparate State Laws on Class Certification for Settlement Purposes: Ninth Circuit to Review Hyundai and Kia Fuel Economy Decision en Banc

  Declassified · August 8, 2018

  LEX-WK-NGG5BFVD
• The Growing Split Over Issue Class Certification as an End Run Around Predominance of Common Issues

  Declassified · July 26, 2018

  LEX-WK-KRARPM7Z
• Supreme Court Puts Kibosh on Piggybacked Class Actions

  Declassified · June 12, 2018

  LEX-WK-SAZXPSKY
• Supreme Court to Regulators: You Can’t Trump the Federal Arbitration Act

  Declassified · May 23, 2018

  LEX-WK-DHST309P
• The Supreme Court Will Soon Weigh in on Class Arbitration and <i>Cy Pres</i> Issues

  Declassified · May 21, 2018

  LEX-WK-4EC7NVGE
• Two More Circuits Find Data Breach Standing without Proof that Plaintiffs’ Data Was Misused

  Declassified · April 24, 2018

  LEX-WK-E09CGXAK
• FACTA Cases Continue to Present Ideal Targets for <i>Spokeo</i> Challenges—Eleventh Circuit Defendants Take Particular Notice

  Declassified · March 27, 2018

  LEX-WK-7CAJ4MZK
• Must the Rule 23 Predominance Requirement Be Satisfied for Purposes of a Class Settlement? The Ninth Circuit Says, “Yes.”

  Declassified · March 20, 2018

  LEX-WK-PB260RDW
• A Look Back at Significant Developments in Class Action Law in 2017

  Declassified · January 24, 2018

  LEX-WK-WDRDG0S6