Be careful before you forward that email. That’s the lesson from the recent Supreme Court decision in Lorenzo v. Securities and Exchange Commission, in which the court held that that the director of investment banking for a broker-dealer was liable
Declassified
The Latest from the Class Action Battlefront
Declassified, published by Bradley Arant Boult Cummings LLP, focuses on developments and analysis in complex litigation and class action law. The blog covers topics such as class certification standards, circuit court splits on incentive payments to class representatives, biometric privacy class actions, financial negligence claims, and the application of evidentiary standards like Daubert at the class certification stage. It addresses procedural and substantive issues in federal and state courts, including statutory interpretation, litigation strategy, and recent appellate decisions affecting class actions and related business litigation. The content is aimed at legal professionals interested in nuanced litigation trends and case law updates.
Latest from Declassified - Page 4
Another Punt: The Supreme Court Denies Certiorari in the Zappos Case
We wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the certiorari petition on…
Frank v. Gaos: Remand, but Little Guidance.
Today, the Supreme Court sent Frank v. Gaos back to the Ninth Circuit to address the issue of standing under Spokeo.
Frank involved allegations of privacy violations. Plaintiffs brought class action claims against Google for alleged violations of the Stored…
Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges
Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting FACTA class claims. As…
Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not Injury
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants began to assert lack of…
Practical Effects of the Rule 23 Amendments – Really, Not Very Much
The December 2018 revisions to Rule 23 are relatively minor, and early cases applying the amended rule confirm that no major changes have occurred. The Southern District of Iowa summed up the theme in Swinton v. SquareTrade, Inc.: The amendments…
TIME STOPS FOR NO ONE: The Supreme Court Addresses Timeliness Issues in Two Separate Class Cases
The U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness.
First, in Nutraceutical…
Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for Class Actions
In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is Rosenbach v. Six Flags Entertainment Corporation…
Bristol-Myers Squibb Continues to Be a Mixed Bag in the Class Action Context
Courts are still going both ways on applying Bristol-Myers Squibb to class actions. Two recent decisions highlight this split.
The first—and we’ll always start with the good news—comes out of the District of Massachusetts in Roy v. FedEx Ground Package…
Standing in Data Breach Cases Likely Heading Back to the Supreme Court
Data breach plaintiffs often have a very difficult time stating a concrete injury, and courts have wrestled with whether these plaintiffs can file suit in federal court. We have been watching this issue and writing about it frequently. The…