Class Action

Can a person sue a company for a technical violation of a statutory right that does not cause actual concrete injury? This question has significant ramifications, as Article III’s standing requirements affect the viability of...

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At least within the Third Circuit, in order for arbitrators, not a court, to decide whether disputes are subject to class arbitration, an arbitration agreement must “clearly and unmistakably” delegate such power to arbitrators. It...

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Arbitration agreements with class-action waivers are an important way companies minimize litigation risks. Reduced risk can often lead to benefits for the companies’ consumers or employees. But such arbitration provisions must be carefully crafted for...

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Attorneys General from eight states submitted an amicus brief in Spokeo v. Robins, urging the Supreme Court to overturn the 9th Circuit’s ruling that a technical violation of a statute can confer Article III standing...

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Recently, Home Depot moved to dismiss one of the more than a dozen class action lawsuits filed against it following a revelation last month that its payment data system was breached. Home Depot’s motion illustrates...

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In a recent opinion, Jane Doe No. 14 v. Internet Brands Inc., the Ninth Circuit decided that Section 230 of the Communications Decency Act (CDA) does not preclude liability for a website operator that failed...

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