As pandemic response task forces at the federal and state levels ramp up price gouging investigations and enforcement actions across the country, civil plaintiffs attorneys have jumped to the forefront by utilizing private causes of action to file price gouging-based
Class Action Countermeasures
The Class Action Countermeasures blog, published by McGuireWoods LLP, focuses on legal developments and strategies related to defending against class action lawsuits. It covers topics such as class certification challenges, jurisdictional issues in bankruptcy and federal courts, statutory interpretations affecting class claims, and recent appellate decisions impacting class action litigation. The blog also addresses regulatory enforcement actions, consumer protection statutes like the Equal Credit Opportunity Act and the Telephone Consumer Protection Act, and the assessment of attorneys' fees in class settlements. It provides analysis relevant to litigators, corporate counsel, and others involved in managing class action risks and defenses.
Latest from Class Action Countermeasures - Page 7
No Private Right of Action to Enforce CARES Act; Expect Claims Under State Consumer Protection Laws
As previously reported, the U.S. District Court for the District of Maryland denied multiple motions brought by a number of small business owners related to seeking emergency relief to enjoin Bank of America from imposing eligibility restrictions on borrowing under
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Coronavirus Class Actions—Part Three—Analyzing the Latest COVID-19 Class Actions in Banking, Privacy, Higher Education and Securities Law
By Andrew Gann & Anthony Q. Le
For those who haven’t previously been following, this is our third installment on COVID-19 class actions. The first installment was prospective and authored prior to any filed class actions. The second installment examined the first certified class and putative class…
Coronavirus Class Actions—Part Two—A few weeks later
By Andrew Gann
It has been a few weeks since we first posted about class actions and COVID-19. In that initial article, we analyzed the first coronavirus related lawsuit but were forced to prognosticate as to what an actual COVID-19 class action…
Motions to Strike: Challenging Specific Jurisdiction for Nonresident Putative Class Members
We recently discussed Circuit Court rulings allowing nationwide class actions where the named plaintiffs could satisfy specific personal jurisdiction. Since then, the Fifth Circuit has held that a defendant did not waive its personal jurisdiction defense to plaintiffs’ nationwide class…
The Seventh and District of Columbia Circuits Hold Nationwide Class Actions Can Proceed Where A Defendant Is Not “At Home”
By Trent Taylor & Andrew Gann
In the span of two days, two United States Court of Appeals held that a nationwide class action could proceed against a defendant as long as the named plaintiff could satisfy specific personal jurisdiction. See Molock v. Whole Foods Market…
Class Actions, Causation and the Coronavirus
As we were drafting this blog post, each of us was sitting in our home offices self-quarantined from the outside world doing our part to flatten-the-curve and keep COVID-19 germs at bay. The news about the coronavirus is changing by…
Federal Circuit Courts’ Differing Interpretations of Scope and Application of Article III Standing after Spokeo Leaves Defendants with Uncertainty
In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Supreme Court held that Article III requires plaintiffs to establish a “concrete and particularized” injury-in-fact, “even in the context of a statutory violation.” Although the Supreme Court noted…
The Revitalization of CIPA Claims in the New Age of “Smart” Speakers (Part I)
Welcome to a three-part series that provides an overview of the California Invasion of Privacy Act (CIPA), examines recent CIPA litigation involving smart speakers, and proposes defenses in response to an alleged violation.
CIPA in the Age of Smart Devices…
11th Circuit Ruling Calls Text Message TCPA Class Actions Into Question
TCPA class actions based on the receipt of unsolicited text messages have grown more common in recent years. However, the Eleventh Circuit’s decision in Salcedo v. Hanna, may upend that trend by holding that a single unsolicited text message did…