On this Cyber-Monday, we would like to address one of the hottest technology topics of the past year: artificial intelligence. Some have speculated that AI may help boost low response rates to settlement notices. But there are also concerns that
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Little Bo Peep’s Fiery Sheep
For Halloween, rather than discuss any of the various litigation over candy (e.g., the litigation over Skittles or “slack fill” in packages), we are going to travel back to 1984 to look at what a mishap with a…
Increasing Litigation Related to Website Technology and Data Sharing
Over the past year, there have been a growing number of lawsuits, including class actions, filed against website operators in various states — including California, Florida, Illinois, and Pennsylvania — for violations of state wiretapping laws or the Video Privacy Protection…
Super Bowl Class Action
Did you know that there was a class-action lawsuit after Super Bowl XLV? The game was played at Cowboys Stadium (now known as AT&T Stadium) in Dallas, Texas, between the Pittsburgh Steelers and Green Bay Packers. The litigation arose out of…
Four Thoughts on Pepsi, Where’s My Jet?
Over the holidays, I enjoyed watching Pepsi, Where’s My Jet?, the Netflix four-episode documentary about John Leonard’s attempt to claim a Harrier fighter jet through the “Pepsi Stuff” promotion during the 1990s. Pepsi ultimately prevailed in the litigation that ensued…
CFPB is in Existential Crisis — and Covered Parties Have a Unique Opportunity
Due to a Fifth Circuit decision striking down the Consumer Financial Protection Bureau’s (CFPB) Payday Lending Rule promulgated in 2017 — in a case known as Community Financial Services Association of America, Limited v. CFPB — the Bureau’s very existence is in…
LLCs Are Treated Like Corporations When Determining Jurisdiction Under CAFA
A recent Sixth Circuit opinion reiterated that, for purposes of evaluating diversity jurisdiction, the citizenship of a limited liability company is determined by the citizenship of its members. E.g., Akno 1010 Mkt. Street St. Louis Missouri LLC v. Pourtaghi, 43…
Dr. Oz Suit Shows Not All Class Actions Result in Millions of Dollars
There is a public perception that class actions result in multimillion-dollar liability for the defendants. The recent settlement of Woodard v. Labrada, a case in which TV’s Dr. Mehmet Oz was originally named as a defendant, shows that is not…
No More Special Arbitration-Waiver Rules
On Monday, the U.S. Supreme Court, in Morgan v. Sundance, Inc., overturned the arbitration-specific waiver rules in nine circuits that had held a finding of prejudice was essential to determining whether a party had waived its right to arbitrate.…
Plaintiffs’ Standing to Assert FCRA Violations Dealt Another Blow
The Eighth Circuit’s recent decision in Schumacher v. SC Data Center, Inc. provides guidance on when alleged violations of the Fair Credit Reporting Act do not constitute a concrete injury sufficient to confer standing under the Supreme Court’s TransUnion LLC…