Class Action

Yesterday, the Northern District of California denied class certification in the challenge to Google’s practice of scanning emails to serve advertising, In re Google Inc. Gmail Litig., No. 13-MD-02430-LHK.  Judge Koh had previously denied Google’s...

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  On January 21, Hulu filed a brief in its ongoing Video Privacy Protection Act (“VPPA”) litigation arguing that anonymous “user numbers” are not personally identifiable information (“PII”) subject to the VPPA.  If such numbers...

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The Third Circuit issued an opinion last week addressing an apparent issue of first impression among circuit courts:  can consumers revoke their express consent to receive autodialed calls to their cell phones?  Yes, the Third...

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The Ninth Circuit wrote the next chapter in the continuing CAFA amount in controversy saga yesterday, holding that a defendant must establish the amount in controversy for removal jurisdiction by only a preponderance of the...

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Italian Colors: Price is No Object First there was Concepcion.  As everyone knows, Concepcion overruled Discover Bank, thereby confirming that a class action waiver was not unconscionable as a matter of law.  Speculation followed regarding...

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The California Supreme Court issued two decisions in August that arguably expanded the reach of the UCL: Zhang v. Superior Court, 2013 WL 3942607 (Aug. 1, 2013) and Rose v. Bank of America, 2013 WL...

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