Class Action

A federal court has dismissed a proposed class action lawsuit against an omnichannel marketing company (NaviStone) and three online retailers, holding that the companies’ alleged use of omnichannel marketing technologies did not result in a...

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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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Two big names in the technology software and equipment industries won at least short-term victories last week in the Northern District of California. See Halpain v. Adobe Systems, Inc., 5:13-cv-05226 (N.D. Calif. 2014); Doe I...

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On Monday, August 18, a three-judge panel of the Ninth Circuit struck a blow to browsewrap agreements, affirming a district court’s denial of Barnes & Noble’s motion to compel arbitration in Nguyen v. Barnes & Noble Inc., No....

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On June 23, 2014, the California Supreme Court issued an opinion that further supports the enforceability of class action waivers in arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Case No. No. S204032,...

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