On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a circuit split regarding the meaning of “automatic telephone dialing system” (autodialer or ATDS) under the Telephone Consumer Protection Act (TCPA). In a decision authored by Justice Sonia Sotomayor, the court adopted the narrow, pro-defendant definition of autodialer.…

On March 30, 2021, the United States Supreme Court heard oral argument in Transunion LLC v. Ramirez, No. 20-297, a case that could have far-reaching implications on absent class member standing, particularly where the injuries of these absent class members would be impossible or difficult to establish.  The Court agreed to address whether Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury,…

The Sixth Circuit Court of Appeals’ recent opinion in Lyngaas v. Curaden AG (“Lyngaas”), has important implications for federal class actions regarding personal jurisdiction and the use of non-admissible evidence to support class certification. In Lyngaas, a plaintiff brought a class action against Curaden AG, a Swiss entity, and its U.S. subsidiary, Curaden USA, for allegedly violating the TCPA.  The basis for the plaintiff’s allegations were two unsolicited fax advertisements sent on behalf of Curaden…

Recently, in the Matter of Navistar MaxxForce Engines Mktg., Sales Practices, & Prod. Liab. Litig. (“Navistar”), the Seventh Circuit Court of Appeals was asked to adopt the “reasonable indication” approach, which would allow class members to opt out of a class based on any reasonable indication of their desire to exclude themselves.  Finding the application of such an approach to be impractical, the court refused to adopt it. Navistar involved the settlement of a…

In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s redressability requirement.  While at first blush, the opinion may appear to lessen the burden on any plaintiff in satisfying Article III standing, the more likely outcome is that the holding will be limited to the purely constitutional cases based on federal question jurisdiction.  Nevertheless, creative “uninjured” plaintiffs may try to harness…

McGuireWoods partners Davis Walsh and Samuel Tarry are editors of a timely new book providing practical guidance for handling infectious disease litigation, from COVID-19 pandemic disputes to localized outbreaks that require specialized knowledge. “Infectious Disease Litigation: Science, Law & Procedure” is published by the American Bar Association and becomes available Feb. 12. “Public health concerns have permanently changed some of the ways we hold each other accountable, and professional litigators, business leaders, and…

Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts.  The Sixth Circuit’s opinion in Primus Group, LLC v. Smith & Wesson Corp., et al., 2021 WL 423741 (6th Cir. Feb. 8, 2021), continued this focus. In Primus Group, an entertainment venue filed a class action against eight firearms manufacturers.  In the class action, Primus purported to represent “[a]ll…