In a recent decision challenging Google’s Gemini AI features, a California federal court held that allegations concerning an AI tool’s capabilities, without facts showing actual access or use of plaintiffs’ data, were insufficient to demonstrate the “concrete” harm required for
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Letting the Cat Out of the Bag: Named Plaintiffs’ Own Conduct Defeats Privacy Claims
In a decision highlighting the importance of testing standing through discovery, a Florida federal court dismissed privacy claims at the class-certification stage after concluding that neither named plaintiff could establish Article III standing. Although the plaintiffs’ allegations survived a motion
Third Circuit Raises the Bar for Proving Causation Through Statistical Evidence in RICO Pharmaceutical Fraud Class Actions
The Third Circuit recently vacated and remanded a district court’s decision granting class certification for a class of third-party payors (“TPPs”) pursuing Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims against GlaxoSmithKline LLC (“GSK”). See In re Avandia Mktg., Sales
No Misfire, No Case: Eighth Circuit Decertifies Gun-Defect Class Action Over Standing
Owning a product that might malfunction isn’t enough for Article III standing—the defect must actually manifest. That’s the message from Glasscock v. Sig Sauer, Inc., __ F.4th __, 2026 WL 2054200 (8th Cir. July 16, 2026), where the Eighth Circuit
California Legislature Advances Bill Targeting Wave of CIPA Pen Register Lawsuits
On July 1, 2026, a California legislative committee advanced amendments to SB 690 that would eliminate private suits asserting website-based “pen register” claims under the California Invasion of Privacy Act (“CIPA”), leaving enforcement exclusively to the California Attorney
Federal Court Dismisses Ultra-Processed Food Addiction Lawsuit for Failure to Plead But-For Causation
A plaintiff’s failure to satisfy basic pleading requirements can be a potent defense to class actions. That was illustrated by a recent Pennsylvania federal court decision granting defendants’ motion to dismiss an amended complaint in a class action alleging that
New Jersey Court Dismisses Complaint in Recalled Drugs Suit for Lack of Article III Standing
Standing remains a powerful defense to putative class actions. Recently, a New Jersey federal court relied on Article III standing to dismiss a lawsuit against Glenmark Pharmaceuticals Inc. alleging that it made false and misleading representations about the safety and
Class Certification Granted in ICE Warrantless Arrest Lawsuit
Courts are increasingly addressing putative class actions aimed at curbing allegedly illegal government conduct. An Oregon federal court recently certified a Rule 23(b)(2) class action in a challenge to alleged ICE warrantless arrest practices, holding that plaintiffs may proceed on
California Court Dismisses Amended Complaint in Hotel Website Wiretapping Suit for Lack of Article III Standing
Recently, a California federal judge dismissed—for the second time—a suit asserting that Sojern, Inc., a travel marketing platform, violated the Federal Wiretap Act and California privacy laws by allegedly deploying “tracking technology” on two hotel websites. Crano v. Sojern,
First Circuit Scrutinizes Causation Issues to Find No Article III Standing in Data Breach Case
The First Circuit recently affirmed a Puerto Rico district court’s ruling dismissing a class action suit arising from a 2019 ransomware attack against a hospital in which 522,493 patients’ personally identifiable information (“PII”) and protected health information (“PHI”) was allegedly