Laboratory Corporation of America Holdings v. Davis presented a question central to modern class action litigation: whether class certification is permissible under Rule 23(b)(3) when some members of the putative class are uninjured. We previously highlighted the Supreme Court’s decision
Inside Class Actions
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Summary Judgment Granted on a Shoe Shrinking Croc-Nundrum
In what the court described as “a shoe shrinking croc-nundrum,” a court in the Northern District of California recently granted summary judgment to Crocs Inc in a false advertising claim, where class certification had already been denied. Martha Valentine et…
Ghee, I Can’t Believe I Need Evidence: N.D. Cal. Denies Class Certification in Food Labeling Case
Food mislabeling class actions are increasingly common. Last week, the Northern District of California denied a motion for class certification involving allegations of false labeling on ghee, a clarified butter product, because the plaintiff failed to produce evidence
Defendant…
Eleventh Circuit Decision Underscores Importance of Complying with AAA Rules
By Lelia Ledain
Companies who rely on arbitration agreements that select the American Arbitration Association (AAA) consumer arbitration rules for dispute resolution should take note of a recent decision by the Eleventh Circuit affirming the denial of a motion to compel arbitration and…
Home Pregnancy Test Company Wins Dismissal of Pixel Wiretapping Suit
By Divya Bhat & Matthew Verdin
Health-related websites are increasingly targeted with wiretapping suits if they use pixels or other third-party technologies to power their websites. A few months ago, a California court dismissed on multiple grounds one such suit challenging the use of website pixels…
Court Grants Summary Judgment: Website Vendor Cannot Read “Session Replay” Data “In Transit” Under CIPA
“Session replay” software is one of many website analytics tools targeted in wiretapping suits under the California Invasion of Privacy Act (“CIPA”). Last month, a California federal court confirmed one of the many reasons why the use of this software…
A Closer Look: Supreme Court Rejects Heightened Pleading Standard for Prohibited-Transaction Claims under ERISA § 406(a)
On April 17, 2025, the Supreme Court issued its opinion in Cunningham v. Cornell University, No. 23-1007, 604 U.S. ___ (2025), a case addressing the pleading standard for prohibited-transaction claims under § 406(a) of the Employee Retirement Income Security…
Second Circuit Affirms VPPA Dismissal: Data Is Not “Personally Identifiable Information” If Only Experts Can Decipher It
Last week, the Second Circuit affirmed dismissal of a putative class action under the Video Privacy Protection Act (VPPA), holding that the alleged transmission of code containing video titles and a unique user ID to a third-party is not a…
“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim
Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs. These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for…
Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim
Does a plaintiff’s use of a website constitute consent to a privacy policy linked in the website’s footer? A Pennsylvania federal court answered yes in Popa v. Harriet Carter Gifts, Inc., 2025 WL 896938 (W.D. Pa. Mar. 24, 2025), granting…